LexThe TAMIL NADU GUDALUR JANMAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1969
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LAW DEPARTMENT
THE TAMIL NADU
GUDALUR JANMAM ESTATES
(ABOLITION AND CONVERSION INTO RYOTWARI)
ACT, 1969
(TAMIL NADU ACT 24 OF 1969)
(As modified upto the 3Qth June 1985)
©
GOVERNMENT OF TAMIL NADU 1986
GOVERNMENT OE TAMIL NADU.
LAW DEPARTMENT.
THE TAMIL NADU GUDALUR JANMAM ESTATE (ABOLITION AND CONVERSION
INTO RYOTWARI) ACT, 1969 (TAMIL NADU ACT 24 OF 1969).
(As modified upto the 30th June 1985).
[Received the assent of t he President on the 6th December 1969 first published in
the Fort St. George Gazette, on the 12th December 1969 (Agrastyana 26, 1981)].
Reference to papers connected with the Act-
(1)’The Tamil Nadu Gudalur Janmam Estate (Abolition and Conversion into Ryotwari))
Act, 1969 (Tamil Nadu Act 24 of 1969).
[For Statement of Objects an d Reasons see Fort St- George Gazette Extraordinary,
dated the 28th January 1969, Part IV —Section 3,'page 37; for Act see the Fort St.
George Gazette, Part IV —Section 4, dated the 17th December 1969, pages
119-149}
125-7—1
Arrangement of Sections
CHAPTER 1.
Preliminary.
Sections : Page No
1. Short title, extent, application and commencement 1
2. Definitions. 2
3. Vesting of Janmam Estates, etc,, in Government. 3
4. Appointment and functions of Director of Settlements. 4
5. Appointment and functions of the Settlement Officers 4
6. Powers of control of the Board of Revenue 5
7. Constitution of Tribunal. 5
8. Lands in which the janmi is entitled to ryotwari paitta 6
9. Lands in respect of which ryotwari patta. 6
10. Grant of ryotwa ri patta on the basis of personal cultivation
in certain cases.
7
11. Lands in respect of which no ryotwari patta will be granted. 7
12. Determination of lands in respect of which any person is
entitled to ryotwari patta.
8
13. Liability to pay land revenue to Government. 9
14. Vesting of building. 9
15. Rights of persons admitted into possession 1and in
janmam estate for non-agricultural purpose.
9
16. Persons admitted into possession of certain lands how
dealt with.
10
17. Rights of lesses of plantations. 10
18. Rights of certain other lesses 11
19. Survey of Janmam Estates 13
20. Manner of effecting ryotwari settlement of Janmam estate 13
21. Compensation how determined 15
22. Compensation to be determined for the janmam estate as
a whole
15
23. Basic annual sum 15
24. Component parts of basic annual sum 15
25. Computation of rent demand and deduction there from 15
26. Computation of act miscellaneous revenue` 16
27. Sums payable to the Government to be deducted 17
28. Amount of compensation 17
29. Determination of basic annual sum and compensation 18
30. Compensation to be paid in prescribed manner. 20
31. Compensation to be deposited in office of Tribunal, 21
32. Claims to be made within six months. 22
33. Duty of Tribuna1. 22
34. Compensation to be apportion by Tribunal 23
35. Appointment in the case of Janm am Estate held by
Impartible tarwad
23
36. Claims of credits 25
37. Grant of ryotwari patta to maintenance holders in
janmam estates held by impartible tarward.
25
38. Certain janmam estates to be treated as impartible
janmam estates for purposes of compensation.
26
39. Devolution of interest in compensation. 26
40. Interim payments 27
41. Appeals,. 28
42. Restrictions on the jurisdiction of the Tribunal and
Special Appellate Tribunal in certain cases.
29
43. Disbursement of compensation. 30
44. Limitation for claims by persons entitled to payment. 30
45. Unclaimed and undisbursed amounts how dealt with. 30
46. Wrong and excess payments to be recoverable as land
revenue.
31
47. Pattadars liable to pay contribution. 32
48. Determination of contribution 32
49. Recovery of contribution payable under the Act 34
50. Obligation of transferor and transferee to give notice of
transfer.
35
51. Stay of execution proceedings and prohibition of' certain
transfers.
37
52. Transitional provision in regard to liabilities of janmi. 37
53. Decision of questions regarding forests 38
54. Janmi’s right to collect arrears. 39
55. Rights of owner or occupier not to be affected by
temporary discontinuance of possession or
occupation.
40
56. Resjudicata. 40
57. Limitation. 41
58. Finality of orders passed under this Act. 41
59. Jurisdiction of courts barred in certain cases 41
60. Power to make rules. 42
61. Act to override contract and other laws, etc. 44
62. Tamil Nadu Act 55 of 1961 to cease to apply to forests
in janmam estates
44
GOVERNMENT OF TAMIL NADU.
LAW DEPARMENT.
TAMIL NADU ACT No. 24 OF 1969.
[Received the assent of the President on the 6th December 1969, first published in
the Fort St- George Gazette on the 17th December 1969 (Agrahayana 26, 1891).]
An Act to provide for the acquisition of the ri ghts of janmis in janmam estates in the
Gudalur taluk of the Nilgiris district and the. introduction of ryot wari settlement in
such estates.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twentieth Year of
the Republic of India as follows :—
CHAPTER I.
PRELIMINARY.
1- (1) This Act may be called the Gudalur Janmam Estates
(Abolition and Conversion info Ryotwari) Act, 1969.
Short title, extent
application and
commencement.
(2) It extends to the Gudalur Taluk , of the Nilgiris district.
(3) It applies to all janmam estates.
(4) If shall come info force on such date as the Government may,
by notification, appoint.
(5) The Settlement Officer shall, immediately after the date of the publicat ion of
the notification under sub-section (4), publish in the District Gazette, a copy of
the notification under sub -section (4) and shall also cause to be published in
a conspicuous place in the village in which the janmam estate is situated a
copy of the notification under sub-section (4) together with such particulars
as may be prescribed.
* Came into force on the 27th day of November 1974 ’ in Gudalur taluk in the
Nilgiris district.
[1969 : T. N. Act 24]
Definitions
2. In this Act, unless the context otherwise requires,—
(1) all expressions defined in the Malabar Tenancy Act shall have the same
respective meanings as in that Act with the modifications, if any, made by this Act;
(2) “ appointed day ” means the date appointed by the Government unde r
sub-section (4) of section 1;
(3) “Director” means the Director of Settlements appointed under section 4;
(4) “ forest ” includes waste or arable land containing trees, shrubs or reeds.
Explanation.—A forest shall not cease to be such by reason only of t he fact that in a
portion thereof, trees, shrubs or reeds are felled, or lands are cultivated, or rocks,
roads, tanks, rivers or the like exist;
(5) “Government” means the State Government;
(6) “janmam estate ” means any parcel or parcels of land included i n the
holding of a janmi;
(7) “janmi” means a person entitled to the absolute proprietorship of land and
includes a trustee in respect thereof;
(8) “Malabar Tenancy Act ” means the Malabar Tenancy
Act, 1929.
Tamil Nadu
Act XIV
of 1930
(9) “plantation crop” means tea, coffee, rubber, °f cinchona or cardamom;
(10) “Settlement Officer ” means the Settlement Officer appointed under
section 5;
(11) “tenant” means a verumpattamdar as defin ed in sub -clause (a) of
clause (29) of section 3 of the Malabar Tenancy Act;
(12) “Tribunal” means the Tribunal constitute; under Section 7.
[1969 : T. N. Act 24]
CHAPTER II.
VESTING OF JANMAM ESTATES, ETC., IN GOVERNMENT.
With effect on and from the appointed day save as
otherwise expresly provided in 'this Act—
Vesting of and
Janmam
Estates, etc., in
Government
Tamil Nadu
Act III of
1869.
Tamil Nadu
Act XII of
1931.
(a) the Malabar Tenancy Act, the Malabar Land Registration Act,
1895, the Gudalur Compensation * of 1869. for Tenants Impr ovements
Act 1931 a nd all other enactments applicable to janmam estates as
such, shall be deemed to have been repealed ikn their application to
janmam estates;
Tamil Nadu
Act II of
1864,
Tamil Nadu
Act VII of
1985
Tamil Nadu
Act XV of
1955.
(b) every jamam estate including all communal lands and
porambokes, estate lands, pasture lands, forests, mines and
minerals, quarries, rivers and streams, tanks and irrigation works,
fisheries, and ferrie s situated within the boundaries thereof shall
stand transferred to the Government and vest in them free of all
encumbrances, and tbe Tamil Nadu Revenue
Recovery Act, 1864 the Tamil Nadu Irrigation _ Cess Act, 1965 the
Tamil Nadu Cultivating Tenants Protecti on Act, 1955 the Tamil Nadu
Cultivating Tenant s (Payment of fair Rent) Act 1956_and all other
enactments applicable to ryotwari land shall apply to the janmam
estate;
Tamil Nadu
Act XXIV of
1956
(c) all rights and interest created by the janmi in or over his
janmam estate before the appointed day shall as against the
Government cease and determine;
(d) the Government may, after removing any obstruction that may be
offered, forthwith take possession of the janmam estate and all accounts ,
registers, pattas. muchilikas. maps, plans and other documents relating to the
janmam estate which the Government may require for the administration thereof :
[1969: T. N. Act 24]
Provided that the Government shall not dispossess any person of any land in
the janmam estate in respect of which they consider that he is prima facie entitled to
a ryotwari patta pending the decision of the appropriate authority under this Act as to
whether such person is entitled to such patta;
(e) the janmi and any other person whose rights stand transferred under
clause (6) or cease and determine under clause (c) shall be entitled only to such
rights and privileges as are recognised or conferred on him by or under this Act ;
(/) the relationship of janmi and tenant, shall as between them, b e
extinguished; and
(g) any rights and privileges which may have accrued in the janmam estate to
any person ■ before the appointed day against the janmi shall cease and. determine
and shall not be enforceable against the Government or against the janmi and every
such person shall be entitled only to such rights and privileges as are recognised or
conferred on him by or under this Act-.
Appointment
and
functions of
Director of
Settlements
4. As soon so may be after the publication of this Act in the Fort
St. George Gazette, the Government shall appoint a Director, of
Statements to carry out survey and settlement operations in
janmam estates and introduce ryotwari settlement therein. The
Director shall be Subordinate to the Board of Revenue.
Appointment
and functions
of the
Settlements
Officers.
5- (1) As soon as may be after the publication of this and funciions
of Act in the Fort St- George Gazette, the Government shall appoint
one are more Settlement Officers to carry out the functions and
duties assigned to them by or under this Act-
(2) Every Settlement Officer shall be sub-ordinate 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
1969 : T. N. Act 24]
any of the orders, Acts or proceedings of the Settlement Officer, other
than those in respect of which an appeal lies to the Tribunal.
6. The Board of Revenue shall have power-—
(a) to give effect to the provisions of this Act ; Powers of control of the
Board of Revenue
(b) to issue instructions for the guidance of the Director and Settlement
Officers; and
(c) to cancel or revise any of the orders, Acts or proceedings of the
Director including th ose passed, done or taken in the exercise of revisional
powers.
7 (1) The Government shall constitute a Tribunal for the
purposes of this Act.
Constitution of
Tribunal.
(2) The Tribunal for the shall consist of one person only who shall be a
judicial Officer not below the rank of Subordinate Judge.
Central Act V
of 1908
3) The Tribunal shall have the same powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908 when trying a suit
or when hearing an appeal.
CHAPTER III.
GRANT OF RYOTWARI PATTAS.
8. The janmi shall will effect on and from the appointed day,
be entitled to a ryotwari patta in respect of all lands proved to have
been cultivated. by the janmi himself, or by the members of his
trawad, tavazhi, illom or family or by his own servants or by bired
labour with his own or hired Stock in - the ordinary course of
husbandry for a continuous period of' three agricultural y ears
immediately before the 1st day of June 1069.
Lands in which
the janmi is
entitled to
ryotwari patta.
Explanation I. —“ cultivate ” in this section includes the planting
and rearing of topes, gardens, orchards and plantation crops, hut does
not include
125-7—2
[1969 : T. N. Act 24
the rearing of topes of spontaneous growth.
Explanation II—Where any land is c ultivated with plantation crops any land occupied
by any building for the purpose of or ancillary to the cultivation of Such crops of the
preparation of the same for the market and any waste land lying interspersed among
or contiguous to the planted area u pto a maximum of twenty -five per centum of the
planted area shall be construed to be land cultivated by the janmi.
Lands in respect of
which a tenant is
entitled to ryotwari
patta.
3) (1) Every tenant shall, with effect on and from the appointed day,
be entitled to a ryotwari patta in respect of the lands in his occupation :
Provided that Such land is proved to have been cultivated by the tenant
himself or by the members of his tarwad, tavazhi, illom or family or by his own
servants or by hired labour wit h his own or hired stock in the ordinary course of
husbandry for a continuous period of three agricultural years immediately before the
1st day of June 1969;
Provided further that no person who has been admitted into posession of any
land by a panmi on or after the 1st day of June 1961 shall, except where the
Government, after an examination of all the circumstances otherwise direct, be
entitled to a ryotwari patta in respect of such land.
(2) Notwithstanding anything contained in sub -section (1), no tenant shall be
entitled to a ryotwari patta in respect of any land under sub -section (1) if such tenant
has voluntarily abandoned or relinquished his rights in respect of such land on or
before the date of the decision of the Settlement Officer under sub -section (1) of
section 12.
Grant of ryotwari
patta on the basis of
personal cultivation
in certain cases.
10, (1) Where no person is entitled to a ryotwari patta in
respect of a land in a janmam estate under section 8 or section
9 and the land vests in the Government, a person who had been
personally cultivating such land for a continuous period of three
agricultural years immediately before the 1st day of June 1969
shall be entitled to a ryotwari patta in respect of that land :
1969 : T. N. Adt 24]
Provided that no person shall be entitled to a ryotwari patta in respect of any
land under this section if such person has voluntarily abandoned or relinquished his
rights in respect of such land on or before the date of the decision of the Settlement
Officer under sub-section (1) of section 12.
Explanation.—For the purposes of this subjection if such person has
voluntarily abandoned or when he contributes his own physical labour or that of the
members of his tarwad, tavazhi, illom or family in the cultivation of that land.
(2) Any ryotwari patta granted under this section shall take effect on and from
the date of the grant of such patta.
11. Notwithstanding anything contained in section 8 and 10 no
ryotwari patta Shall be granted in respect of any land falling und er any
of the categories specified below and situated within the limits of a
janmam will be estate :—
Lands in respect
of which no
ryotwari patta
will be granted
(а) forests;
(b) beds and bunds of tanks and of supply, drainage, surplus or
irrigation channels;
(c) threshing floor, cattle stands, village sites, car tracks, roads, temple
sites and such other lands situated in any janmam estate as are set apart for
the common use of the villagers;
(d) rivers, streams and other porambokes.
(12) The Settlement Officer. shall. subject to the provisions
of sub -Section (2), inquire info the claims of any person for a
ryotwari patta under this Act in respect of any land in a janmam
estate and decide in respec t of which land the claim should be
allowed
Determination of
land in respect of
which any person
is entitled to
ryotwari patta.
(2) (a) Before holding the enquiry under the sub-section (1). the Settlement
Officer shall give notice in the prescribed manner to the janmi and to the Tahsildar, of
the taluk or the Deputy Tahsildar of the sub-taluk in which the land is situated; and
[1969 : T. N. Act 42
(i) if the person in occupation of the land is not the janmi, to the occupant; and
(ii) to such other persons as may be specified in the rules made by the
Government in this behalf.
(b) The Settlement Officer shall also publish in the prescribed manner in the
village the notice referred to in clause (a) and after giving the parties who appear
before him an opportunity to be heard and to adduce their evidence, give his
decision.
(3) Against a decision of the Settlement Officer under sub -section (2), the
Government may within one year from the date of the decision and any person
aggrieved by such decision may, within three months of the said date, appeal to the
Tribunal :
Provided that the Tribunal may, in its discretion, allow further time not
exceeding two months for the filling of any such appeal :
Provided further that the Tribunal may, in its discretion, entertain an appeal by
the Government at any time if it appe ars to the Tribunal that the decision of the
Settlement Officer was vitiated by fraud or by mistake of fact.
Liability to pay
land revenue
to Government
13. (1) (a) Every person, whether a janmi or not who °
becomes entitled to a ryotwari patta under thi s Act other than
under section (10) in respect of any land shall, for each fasli
year commence in with the fasli year in which the appointed day
falls; and
(b)' every person who becomes entitled to a ryotwari patta under section 10
in respect of any lan d shall for each fasli year commencing with the fasli year in
which such patta is granted, be liable to pay to the Government the assessment
under the ryotwari settlement of the janmam estate under section 20 and pending
Such ryotwari settlement be liable to pay land revenue at the same rate and in the
same manner as for the nearest ryotwari land of similar description and with similar
advantages in the Nilgiris district.
1969 : T. N. Act 24]
(2) The land revenue payable under sub -section (1) shall be f ixed by the
prescribed authority.
14. (1) Every building situated within the limits of janmam
estate shall, with effect on and from the appointed day, vest in the
person who owned it immediately before that day but the Government
shall be entitled for ea ch fasli year commencing with the fasli year in
which the appointed day falls, to levy the appropriate assessment
thereon.
Vesting of
buildings
(2) In this section “building” includes the site on which it stands and any
adjacent premises occupied as an appurtenance thereto.
15. Where any person has been admitted into possession of any land
in a janmam estate by any janmi for a non-agriculture purpose, that
person shall . be entitled to remain in possession of the land subject
Rights of
person
admitted into
however to the-payment by him to the Government of the ryotwari or
other assessment or the ground, rent which may be imposed upon the
land for each fash year commencing with the fasli year in which the
appointed day falls :
possession
land in
janmam
estate for
non-
agricultural
purpose
Provided that such transaction was not void or illegal under any law in force
at the time :
Provided further that a person who has been admitted info possession of any
land on or after the 1st day of June 1961 shall be e ntitled to no rights in respect of
such land except where the Government otherwise direct.
16 (1) Except where the Government otherwise direct, no
person admitted by a janmi into possession of any land of the
description specified in Section 11 shall be entitled to any rights in, or
to remain in possession of, such land.
Persons
admitted into
possession of
certain lands
how deals with.
(2) A direction under sub -section (1) allowing any person to remain in
possession of any such land may specify—
(i) the assessment of ground rent, payable to the Government on the land for
each fasli year commencing with the fasli year in which the appointed day falls, and
[1969 : T. N. Act 24
(ii) such special terms and conditions, including the period for which such
person may remain in possession of the land as the Government may consider
necessary in the public interest.
Rights of lessees of
plantation
17. (1) (a) Where at any time before the appointed day
the janmi was created by way of lease, rights in any lands fo r
purposes of cultivation of plantation crops, the Government
may, if in their opinion, it is in the public interest to do so, by
notice given to the person concerned terminate the right with
effect from Such date as may be specified in the notice, not
being earlier than three months from the date thereof.
(6) The person whose right has been so terminated shall be entitled to
compensation from the Government which shall be determined by the * Board of
Revenue in such manner as may be prescribed having r egard to the value of the
right and the period for which the right was created.
(c) Where any such right is not determined under this sub -section, the
transaction whereby such right was created shall be deemed to be valid and all rights
and obligations ari sing thereunder, on or after the appointed day, shall be
enforceable by or against the Government :
Provided that the transaction was not void or illegal under any law in
force at the time.
(2) The Government may, if in their opinion, it is in the public i nterest
to do so, impose reasonable restrictions on the exercise of any right
continued, under this section.
Explanation.—Any rights granted in perpetuity shall cease and' determine
and be dealt with under section (3) (e) and not under this section.
4 By virtue of Section 10 (1)' of the Tamil Nadu Board of Revenue Abolition .Act, 1980 (Tamil Nadu Act
36 of 1980)1 any re ference to the Board of Revenue shall be deemed to be a reference to the State
Government.
1969 : T, N. Act 24]
18. (1) In cases not go verned by any other provision this Act,
where on or after the 1st day of June 1961, but before the appointed
day, a janmi has created by way of lease or otherwise rights in any
mines or mineral, quarries, fisheries or ^ferries, the transaction shall" -
be d eemed to be valid; and all rights and obligations arising
thereunder, on or after the appointed day, shall be enforceable by or
against the Government:
Rights of
certain
other
lessees
Provided that the transaction was not void or • illegal under any la w in force
at the time and that any such right was created for a period not exceeding one year.
(2) (a) Where any such right was created before the 1st day of June 1961, for
a period exceeding one /year, the Government may, if in their opinion it is in the
public interest to do so, by n otice given to the ^person concerned terminate the right
with effect from such date as may be specified in the notice, not being earlier than
three months from the date thereof.
(b) The person whose right has been so terminate d shall be entitled to
compensation from the Government which shall be determined by the * Board of
Revenue in such manner as may be prescribed, having regard to the value of the
right and the period for which the right was created.
(c) Where any such righ t created before the 1st day of June 1961 is not
determined under this sub -section, the transaction whereby such right was created
shall be deemed to be valid and all rights and obligations arising thereunder, on or
after the appointed day shall be enforceable by or against the Government :
Provided that the transaction was not void ot illegal under any law in force at
the time.
* By virtue of Section 10 (Tp of the Tamil Nadu Board of Revenue Abolition Act, T980 (Tamil Nadu Act
36 of 1980)] any reference to the Board of Revenue shall be deemed to be a reference to the State
Government.
[1969 : T. N. Act 24
(3) The Government, may, if in their opinion, it is in the public interest
to do so, impose reasonable restrictions on the exercise of any right contin ued
under this section.
Explanation.—Any rights granted in perpetuity shall cease and
determine and be dealt with under section 3(ej_ and not under this section.
CHAPTER IV.
SURVEY AND SETTLEMENT OF JANMAM ESTATES.
Survey of
Janmam
Estates
19. (1) Any jan mam estate or part thereof may be
surveyed or if it has been sueveyed before the appoin ted
day, be re -surveyed as if it were Government land in
accordance with the provisions for the survey of such land
contained in the Tamil Nadu Survey and Boundaries Act ,
1928:
Tamil Nadu
Act VIII of
1923
Provided that any re -Survey made under this subsection may be limited to
what is necessary for the introduction of the ryotwari settlement of the janmam estate
or part thereof.
(2) The cost of the survey or re -Survey, e xcept so much
thereof as is payable by any person under the provisions of section
8 of the Tamil Nadu Survey and Boundaries Act, 1923 shall be
borne by the Government.
Tamil Nadu Act
Act VIII of 1923
Manner of
effecting
ryotwari
Settlement of
Janmam
Estate.
20. (1) The Settlement Officer shall effect a ryotwari settlement of the
janmam estate or part thereof, in accordance with a settlement
notification framed and published by the Government for the purpose.
(2) The said notification shall embody the p rinciples adopted in making
ryotwari settlements in ryotwari areas and shall adopt—
1969 : T. N. Act 24]
(a) the rates of assessment set out in the resettlement notification in force on
the date of the publication of this Act in the Fort Si. George Gazette in the Nilgiris
District; or
(b) if more than one such notification is in force in the district the rates 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 ry otwari settlement under this section
shall be liable to revision from time to time as laid down in the settlement or re -
settlement notification referred to in subsections (1) and (2).
(4) Neither the settlement notification nor any order passed in pursuanc e
thereof shall be liable to he questioned in any court of law.
(5) Nothing in the section shall be construed
(i) as entitling any person to a ryotwari patta for any land in respect of which
he had not made any claim under section 12; or
(ii) as, empoweri ng the appropriate officer or authority to re -open any
decision made under Section 12.
CHAPTER V.
DETERMINATION AND PAYMENT OF COMPENSATION,
21. The compensation payable in respect of a janmam
estate shall be determined in accordance with the following
provisions.
Compensation
how determined.
125-7—3
Compensation
to be
determined for
the janmam
estates as a
whole.
22. The compensation shall be determined for the janmam estate as a
whole and not separately for each of the interests therein.
Explanation.—For the purposes of this section, the janmam estate owned by
the Nilambur Kovilagam which is partly divided and partly held in common by the
several tavazhis shall be construed as single janmam estate.
Basic annual
sum.
23- A sum called the basic annual s um shall first be
determined in respect of the janmam estate-
Component
parts of basic
annual sum.
24. (1) The basic annual sum shall be the aggregate of the
sums specified below, less the deductions specified in section 27.:—
(i) the whole of the gross annual rent demand in respect of all lands in the
janmam estate occupied by any person other than the janmi on the appointed day as
ascertained under section ‘25. less the deduction Specified therein;
(ii) the whole of the average net annual miscellaneous revenue derived from
all other sources in the janmam estates specified in clause (b) of section 3, but not
including lands in respect of whi ch the janmi is entitled to a ryotwari pa tta, as
ascertain under section 26.
(2) Where the rent payable by a tenant to the janmi is in kind or partly in kind
and partly in cash, its commuted value in terms of money shall be ascertained in the
prescribed manner.
Compensation
of rent demand
and deduction
therefrom.
25. (1) The gross annual rent demand in respect of the lands
referred to in clause (i) of sub -section (1) of section 24 shall be the
total of the rent due on lands occupied by any person other than the
janmi on the appointed day.
1969 : T.N. Act 24]
(2) For the purposes of sub-section (1) the rent shall be,—
(a) the fair- rent as determined under the Mlalabar Tenancy Act and in force
on the appointed day and if no such fair rent is in force on the appointed day the fair
rent as determined in accordance with the provisions of the said Act by such officer
as may be authorised by the Government in this behalf and subject to such rules as
may be prescribed ;
(b) in the case of lands to which the Malabar Tenancy Act is not applicable,,
the rent payable to the janmi by the person in occupation of the land for the
agricultural year immediately preceding the agricultural year in which the appointed
day falls.
(3) From the gross annual rent demand there shall be deducted three and
one-third per cent of such demand on account of the maintenance of irrigation works
serving the janmam estate :
Provided' that no such deduction shall be made if there is no irrigation work
serving the janmam estate oi* if the janmi is under no legal obligation to maintain any
such work serving the janmam estate :
Provided further that where the obligation of the janmi to maintain every one
of the irrigation works serving the janmam estate is shared by him either with the
Government or with some other person the percentage of such deduction shall be
reduced by such extent as the Government may deem reasonable.
26. The average net annual miscellaneous revenue from
the sources referred to in clause (ii) of sub-Section (1) of section 24
shall be the average of the net annual income derived by the janmi
from such sources during the three agricultu ral years immediately
preceding the agricultural year in which the appointed day falls :
Compensation act
miscellaneous
revenue
[1969;: T.N. Act~24
Provided that, if the Director or the * Board of Revenue is of the opinion that
there are no reliabl e data for ascertaining the said annual income derived by the
janmi the average net annual miscellaneous revenue from the sources referred to in
clause (ii) of sub -section (1) of section 24 shall be the average of the net annual
income derived by the Gover nment from Such source during the agricultural year
commencing on the appointed day, if that day was the 15th day of March or on the
15th day of March immediately succeeding the appointed day if that day was not the
15th day of March, and the next agricult ural year in case ryotwari settlement is
effected in that year or the next two agricultural years in other cases.
Sums payable
to Government
to be deducted.
27. From the aggregate of the sums referred to in clauses (i)
and (ii) of Sub -Section (1) of sectio n 24 ascertained as aforesaid,
there shall be deducted 'the whole of the amount, including
assessment, if any, payable annually by the janmi to the Government.
Amount of
compensation.
28. (1) The compensation payable in respect of any janmam
estate shall be twenty times the basic annual sum.
(2) When the compensation is finally determined in accordance with the
foregoing provisions of this Act, if it is found that so much of the compensation as is
attributable to forests in the janmam estate concerned, is less than an amount equal
to the amount calculated at the rate of fifty rupees per acre of such forests, the
compensation payable to such forests shall be an amount equal to the amount
calculated at the rate of fifty rupees per acre of such forests, an d the total
compensation payable in respect of the janmam estate shall notwithstanding
anything contained in this Act, be determined accordingly.
-------------------------------------------------------------------------------------------------------
* By virtue of Section 10 (lj of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36
of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the State
Government.
1969 : T.N. Act 24]
29. (1) The Director shall, by order in writing determine in
accordance with the provisions of sections 24 , 25 , 26 , 27 and 28
the basic annual sum in respect of each janmam estate and the
compensation payable in respect thereof.
Determination of
basic annual sum
and compensation
(2) The jamni or other person interested may, within Such time as may be
prescribed or such further time as the Director may, in his discretion, allow, apply in
writing fo that Officer for a copy of the data on the basis of which he proposes to
determine the basic annual sum.
(3) On receipt of Such application, the Director shall furnish the data
aforesaid to the applicant; and he shall also, before passing any order under
subsection (1), give the applicant a reasonable opportunity of making his
representations in regard therein writing or orally.
(4) A copy of' every order passed under Subsection (1), shall be
communicated to the janmi and also to every applicant under sub-section (2).
(5) (i) The Director may, at any time, either suo motu or on the application of
any person, review an order passed by him under sub -section (1) on any one or
more of the following grounds, namely:—
(a) that the said order is vitiated by any clerical or arithmetical mistake or
error apparent on the face of the record; or
(b) that subsequent to the passing of the o said order, data for the better
calculation of the basic annual sum have become available; or
(c) that the said order, requires to be modified in pursuance of the final order
of any competent authority or court:
Provided that the Director shall not exercise the powers under this
sub-section in respect of auv janmam estate, without giving the janmi concerned
[1969 : T.N. Act 24
and every applicant under this Sub -Section and subsection (2), a reasonable
opportunity of being heard.
(ii) A copy of every order passed under this sub -section shall be
communicated to the * Board of Revenue and also to the janmi concerned and
every applicant under this sub-section and sub-section (2).
(6) Any perso n deeming himself aggrieved by an order made under sub-
section (1) or sub-section—(a), may, within one month from the date of the orde r or
such further time as the * Board of Revenue may, in its discretion allow, appeal to
the Board of Revenue, and the Bo ard shall, after giving the appellant a reasonable
opportunity of being heard, pass such orders on the appeal as it thinks fit.
(7) Thu Board of Revenue may also, in its discretion at any time, either suo
motu or on the application of any person, call for and examine the record of any order
passed, or proceeding taken, by the Director under this section, for the purpose of
satisfying itself as to the legality regularity or propriety of such order or proceeding
and pass such order in reference thereto as it thinks fit :
Provided that the basic annual sum or compensation payable in respect
of any janmam estate shall not be reduced by the Board without giving the
janmi and every person who has made an application under this sub -section
and sub-section (2) a reasonable opportunity of being heard.
(8) Notwithstanding anything contained in subsection (6 ) or sub-Section (7),
the Board of Revenue may , on application made to if by the Director or by any other
person in that behalf, review any order passed by it - under sub-Section (6) or sub -
Section (7), if it is of the opinion that the said order is vitiated by an error in the
decision on a point ol law or by a mistake, and may make such order on the
application as it thinks fit:
* By virtue of Section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act. 1980 (Tamil Nadu
Act 36 of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the
State Government.
1969 : T.N. Act 24]
Provided that no application for review shall be gr anted by the * Board of
Revenue without previous notice to the janmi, and to the applicant to enable them to
appear and be heard in support of the order a review of which is applied for.
(9) No order pa ssed by the director under Sub -Section (1) or
sub-section (5) shall be liable to be cancelled or modified except by the Board of
Revenue as aforesaid; or to be questioned in any Court of law and no order passed
by the * Board of Revenue under sub -section (6), (7) or (8) shall b e liable to be
cancelled or modified by the Government or any other authority or to lie questioned
in any Court of law.
The compensation payable under this Act may be paid in
such form and manner and at such time or times and in one or
more instalments as may be prescribed by rules made by the
Government.
Compensation
to be paid in
prescribed
manner
CHAPTER VI.
DEPOSIT AND APPORTIONMENT OF COMPENSATION.
(1) The Government shall deposit in the office the Tribunal
the compensation payable under this Act in such form and manner
and at such time or times and in one or more instalments as may
be prescribed by the rules made under section 30:
Compensation
to be deposited
in office of
Triibunal
Provided that the Government sh all be entitled to deduct from th e amount to
be deposited—
(a) all moneys, if any, still remaining due to them.
(i) in respect of any amount payable by t he janmi including assessment, if
any, to the Government ;
(ii) in respect of any claim which was secured immediately before the
appointed day by a mortgage of, or a charge on, the janmam estate or any portion
thereof;
* By virtue of Section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act
36 of 1980) any reference to the Board of Revenue shall be deemed to be a referenc e to the State
Government.
[1969 : T.N. Act 24
(b) all interim payments deposited under Subsection (4) of section -40 in
excess of the amounts finally found to be payable under that section :
Provided further that the total amount of the compensation payable in respect
of any janmam estate stands altered after the deposit referred to above has already
been made, the Government may deposit the difference or withdraw the same from
the deposit already made or otherwise adjust the same in such manner and at suc h
time or times as may be prescribed and the provisions of sections 32 to 39 and of
sections 41 and 42 shall apply to the amount finally under deposit and to this extent
the Tribunal or the Special Appellate Tribunal, as the case may be, shall be
competent to revise its orders, if any, already passed.
32. (2) On the making of such deposit the Government shall be deemed to
have been completely discharged in respect of all claims to, or enforceable against,
the compensation aforesaid.
Claims to be
made within
six months.
(1) Every person who makes a claim to, or enforce- able
against, the compensation deposited under any this Act or any portion
thereof, including the janmi, members of his tarwad, tavazhi illom or
family claiming any portion of such compensatio n, whether by way of
a share or by way of maintenance or otherwise, and creditors, whether
their debts are secured or not, shall apply to the Tribunal within six
months from the date on which the amount was deposited or within
such further time not exceedi ng three months as the Tribunal may, in
its discretion, allow.
(2) Every claim to, or enforceable against, the compensation or any portion
thereof which is not made to the Tribunal within the time aforesaid shall,—
(i) in so far as it relates to the amou nt paid by the Tribunal under
section 43; or
1969 : T.N. Act 24]
(ii) subject to the provisions of section 45, in so far as it relates to the amount
in respect of which an order for payment has been made by the Tribunal or the
Special Appellate Tribunal in favour of any, person.
cease to be enforceable.
33. The Tribunal shall after giving notice to all persons who
have applied under section 32 and to any other whom it considers
to be interested, make inquiry into the validity o f the claims
received by it, and determine the persons who, in its opinion, are
entitled to the compensation deposited and the amount to which
such of them is entitled.
Duty of Tribunal
34. (1) As a preliminary to such determination, the Tribunal
shall apportion the compensation among th e janmi and any other
persons whose rights or interests Tribunal in the janmam estate
shall be transferred to the Government under clause' (b) of section
3, or cease and determine under clause (c) of section 3, including
persons who are entitled to be maintained from the janmam estate
and its income, as far as possible, in accordance with the value of
their respective interests in the janmam estate.
Compensation to
be apportioned
by Tribunal
(2) The value of those interests shall be ascertained—
(a) in the case of the Janmam estates held by impartible tarwad referred to in
Section 35, in accordance with the provisions contained in that section and in such
rules, not inconsistent with that section and in such rules, not incon sistant with that
section as may be made by the Government in this behalf; and
(b) in the case of o ther janmam estates, in accord ance with such rules as
may be made by the Government in this behalf.
35. (1) in the case of a janmam estate which had to be
regarded as the property of an unpartible toward for the purpose of
ascertaining the succession thereto held. by immediately before
the appointed day, the following provisions shall apply.
Apportionment in
the case of
janmam estate
held by
impartible
toward
125-7—4
[1969 : T.N. Act 24
(2) The Tribunal shall determine the aggregate compensation payable
to all the following persons, considered as a single group :—
(a) the members of the tarwed (who are hereinafter called “ shares ”);
and
(b) other persons who, immediately before the appointed day, were entitled to
maintanance out of the janmam estate and its income under any decree or order of a
court, award, or other instrument in writing, or contract or family arrangement which
is binding on the janrni (who are hereinafter called “ maintenance holders”);
Provided that no such maintenance -holder shall be entitled to any
portion of the aggregate compensation aforesaid if before the appointed day,
his claim for maintenance or the claims of his branch of the fa mily for
maintenance, has been settled or discharged in full.
(3) The Tribunal shall next determine which creditors if any, are lawfully
entitled to have their debts paid from any out of the assets of the janma m
estate and the amount to which each of them is so entitled; and only the
reminder of the aggregate compensation shall be divisible among the shares
and maintenance- holders as hereinafter provided :
(4) The portion of the aggregate compensation aforesaid payable, to the
maintenance-holders shall b e determined by the Tribunal and notwithstanding
any arrangements already made in respect, of maintenance whether by a
decree or order of a Court, award or other instrument, in writing or contract or
family • arrangeExcerpt shown. Open the full act in Lexace.