The Malabar Land Registration Act, 1895

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Act 3 of 1896

Keyword(s):
Registration, Proprietors of Estate, Payment of Revenue, Landed Property

434 Na$abcbr Land Registratbn [I896 : T.N. Act 111
, *- . . \[TAMIL NAD U] ACT No. 111 OF 1896.2
(Received the assent of the avernor on the 22nd January 1 1896, and of the Governor-General on the 21st March :
1896; t7~e Governor-Geq~eral's assent was $rat A
publisi~ed in the Port St. George Gazette of the
31st March 1896.1 I
An Act to make better provision for the registration
of proprietors of estate subject to the payment
of revenue direct to Government S[in certain
areas in the Nilgiri district .]
Preamble. WIXEREAS Regulation XXVI of 1802* provides
that landed property paying revenue to Government
shall be registered by the Collector ; and whereas such
landed property 3[in certain areas in the Nilgiri district]
has in many cases not been registered in the names of
- the proprietors thereof; and whereas it is desirable
for tho security of the public revenue to provide a
summary means whereby the Collector may ascertain
suoh proprietors ; It is hereby enacted as follows :-
Short title. I. (1) TlGs Act may be called the Malabrtr Land
Registration Act, 1895.
1 These words were substituted for the word "Madras" by the
Tamil Nadu Adaptation of Laws Ordcr, 1969, as amonded by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,
which came into force on the 14th January 1969.
2 For Statoment of Objoets and Reasons, see Fort. St. Gewge
aclzettc Supplement, dated tl~e 16th October 1896, p. 3; for Report of
the Select Committee, see ibid, dated the 19th November 1896, p. 1;
for Proceedings in Council see &id, dated the 3rd December 1896,
p. 7 and ibid, dated th. 7th January 1896. p.9.
3 The words ' 'and certain neighbouring areas in the Stab of Mad-
ras moro substitt;tcd for the words "and the Wynaad" by section 46
of tho Mslabnr J?onallcy (Amendment) Act, 1961 (Tamil Nadu Aot
XXXIJI of 1951) and the words "in certain areas in the Nilgiri
district" were substituted for the words "in Malabar and certain 2 neighbouring areas in the Stato of Rfadr&s ' ' by the Madras Adapt& - 1
tion of Laws Order, 1057. The above Act came into foroe on the
16th March 1962. 4 * The Tamil Nsdu Land Rsgistration Regulation, 1802. i 3: B
1806 : T.N. Aet IQ &ahbar $and ~egbtration 416:
'[(2) It extends to that portion of the Nilgiri distriob Extent.
which is known as South-East Wynaad and to the
Gudtrlur taluk of that district (excluding South-East
Wynaad) :
Provided that it shall come into force in the Gudalur
taluk aforesaid (excluding South-East Wynd) only
on the date on which the Malabar Tenancy Act, 1929,
comes into force in that taluk.]
2. In this Act, unlm there is something repugnant Inter pretation
in the subject or context,- clause.
'<estate9' means any land which is subject "Estate".
either now or prosl>eotively to separate assessment to
land-revenue payable direct to Government:
"regisVn'd" means registered in the public
registers n~:*O~hed by the Collector in accordance
with the pr&&m of Regulation XXVI of 1802*.
3. Wibhin such time as the District Collector may fix Proprietor or
88 hereinafter provided, any person who is or claims yt_prop;:2:
to be the proprietor or joint proprietor of an estate and may apply for
whose name is not already registered, or any other regis?ration
person having authority to act on his behalf, may ~i~h'n s~pOei-
make application to the District Collector or to an 6ed time.
officer empowered by him to receive such application
for registration as proprietor or joint proprietor of the
estate.
4. The District Collector shall fix for each taluk or Colkector to
such other low1 area as he may deem fit the date fix the date
before which the proprietors of the estates situated before whloh
proprietor may
therein may under the last preceding section apply to apply for1
have their names registemd, and may at any time dter r:gistration. .
any date so fixed :
Provided that such date or altered date shall not be p,,i,,
iess than two months or more than four months from
the date of the publication of the same in the
Distrid Gazette.
--
1 This sub-section waa substituted by the Madras Adaptation of
Laws Order, 1967 for the original sub-section as amended by the
Malabsr Tenanoy (Amendment) Act, 1961 (Tamil Nadu Act
XXXIII of 196l)whioh came into force on the 16th March 1962.
*The Tamil Nadu Land Registration Regulation, 1802.
Publication
of date
fixed by
the Collector.
Irregularity
in publioation
not to &eat
validity of
proceedings.
Collector to-j
ascertain by
summary
inquiry tho
person to be
registored.
Collootor
empowered
to cause
survey and
domaroation
of estate.
Registration iq
the oese of
estates bdong-
ing to joint
proprietors
or to a
religious or .
~hsritable
tbmdation.
Malabar Land Registration [1896: T.N. Act III
5. Every date fbed as provided in the last preceding
section shall be notified in. the Fort St. George and
District Gazettes, and by notices to be posted up at the
office of the District Collector, at the offices of the
Revenue Divisional Officer, District Munsif, Tahsildar,
Deputy Tshsildar and Sub-Registrar of Assurances
within whose local jurisdiction the local area to which
the date applies is situated, and at all police-stations
and amshom kachahris within such local area; and shall
also be proclaimed by beat of drum within the local
area to which the date applies :
Provided that no irregularity or omission in the
publication of the notices or in the proclamation
referred to in this section shall affect the validity of
any proceedings under this Act.
6. As soon as oonveniently may be after the date so
fixed, the Collector shall, on a day and at a place to be
previously notified in the District Gazette whether or
not an application for registration under the preceding
sections has been made, and whether or not there is
any dispute as to the entry to be made in the register,
ascertain and determine by such summary inquiry as he
thinks fit, in respect of every estate to which the date
applies, the person who, in his opinion, is entitled
to be registered as proprietor thereof and shall register
him accorclingly ; and, if any such estate shall not
previously have been separately surveyed or demarca-
tcd, may cause it to be so surveyed or demarcated, or
both.
, 7. In the we of an estate belonging to joint proprie
tops who orc members of a joint family or to a religious or
charibble foundation, the estate shall be registered in
the name of the waging member for the time
being of such family or of the trustee, manager or
superintendent for the time being of such foundation.
as the aJse may be, who shall be described in the regis-
teras such managing member, trustee, manager or supe-
rintendent, and such registration shall be as. effectual
and valid as if made in the nau ,es of all the joint prop~ie-
tors or of all the persons interested in suoh foundation.
1896 : T.N. Aet 1111 Makbar Land Registrcction 437
8. In my inquiry under section 6, the CoUeotor shall Procedure
hem any party to 8 dispute who attends on the day inquiries
notified or on the day to which the inquiry may be gff:n 6.
adjounred, and shall receive such evidence as he may
see fit; and in the case of a dispute he shall record the
nature of the dispute, his decision thereon, the grounds
of the decision and such other particulars as he thinks fit.
9. (1) If the person registered under section 6 or $$2:$:nthe
seotion 7 has not made an application under motion 3, to be given
the Collector shall give him notice of the registration by in certain
the publication of the fact in the Districrt Gazette and
also, if his address is known, by letter sent by pod
registered.
(2) If any person to whom notice baa been given ~;~;~;~nwhcn
under this section objects to such registration, he may registered
apply to the Collector within two months of the dab of objzcts to the
4he publication of such notice in the District Gazette or registratior- on receipt of within one month of the receipt of the registered letter BUOh
containing such notice, whichever is later, to have his
name removed from the register, and the Collector shall
thereupon consider his objections and shall either
remove his name from the register or direct its retention
therein as he may soe fit; in the former case the Collec-
tor shall proceed under section 6, as if no such registra-
tion had been made.
10. Every registration purporting to be made in Registration
subject to
accordance with the procedure prescribed by this Act- re+sion by
(i) may be revised by the Collector on application ~l~~~ti~d
made within three months, and by Civil Oourt.
(ii) shall be subject to any decree or order which
may be passed by any Civil Court of competent jurisdic-
tion: Provided that in any suit to set aside or modify
auoh registration or in any appeal in such suit, in
which suit or appeal an order or decree is passed ex
prte against the l[Government] or against the collector,
neither the 2[Government] nor the Collector shall be
made liable in costs. -
1 The word "Crown" was substituted for the words ''Secretary of
Stefe for India in Council " by the Adaptation Order of 1937 ad the
~ord"U~vemment"wes substituted for "Crown" by the Adaptation
Order of 1960.
8 The word "Crown" was substitubd for the words useid Seore-
*of State in Council" by the Adaptation Order of 1937 end the word" Government" wae nubtitutad for "crown" by the Adapts-
tion order of 1960.
438 Malabar Land Registratim [I896 : T.N. Act 111
Collector to 11. On payment of the prescribed fees, the Collector
furnish shall furnish to any person who may apply for the same
copies the copies of the record of every inquiry held under this Act record on
payment of and of every order and entry made thereunder or
fwn. under Regulation XXVI of 1802".
Saving of 12. Nothing in this Act shall be deemed to affect the
oertitin provi- provisions of Regulation XXVI of 1802" in respect of
sions Regn1a- the mutation in the register kept by the Collector tion XXVI
of 1802. under that Regulation of the name of the proprietor
registered in accordance with the provisions of this Aot
when a transfer of the proprietary interest in any
estate takes place, whether by purchase, inheritance,
gift or otherwise.
Rc~gistered pro- 13. Every pmn registered as proprietor of an prietor to be estate shall be deemed to be the landholder in respect
land holder for of SUO~ estate within the meaning and for the purpows
the purposes of the [Tamil Nadu] Revenue Recovery Act I1 of 1864,
OflrTamilNEdul Rovenuo and no proceedings taken under the said Act againat
Rrxcovcry Act. 8uch person or against any land registered in his name
shall be deemed invalid or ineffectual by reason of my
error in such registration or on the ground that such
person was not the real or sole proprietor.
Joint Regis. 2[14. Notwithstanding anything contained in this
tration of Act or in Regulation XXVI of 1802," the Collector
occup~nts and may, on the application of tho registered proprietor propriot3ru in of an estate or of any person entitled to ocoupy such
ccrtais cases. estate, register as occupant jointly with such
proprietor (i) any person who is entitled s[ I to occupy such estate or (ii) any person who is bound
by a contract with the proprietor or his predecessor in
title to pay to Governmmt the land revenue assess-
-
These words were substituted for the word "Maclr~~~" by the
Ternil Nadu Adaptation of Laws Order, 1969, as amonded by the
Tamil Nsdu Adaptation of Laws (Rocontl Amendment) Order, 1969,
which osme into force on the 14th January 1969.
a Seotion 14 was substituted for tho original soction by section 2
of the Malabar LnndReg:stration (Amendmeut) Aot, 1920 (Madras
AotI of 1920).
Thewords"by virture of any contract with the pro riotor or his
predeoeaaor in title" were omittod by soit,ction 46 (iii) ofthe ~lalabar
Tenanoy (Amendment) Act, 1951 (Tcmil Nedu Aot XXXIIIof 1951).
whioh oatno into force on the 16th March 1962.
* The Tamil Nedu LBnd Regietration Regulation, 1802,
i
I 2896 : T.N. Act 111 ] MaZubar Land Registration 43 9
mat on such estate. Provided that before order&
joint registration ss aforesaid the Collector shau give
: notice to the proprietor or to the person entitled to
1 occupy, as the case may be, and coasider his objections.
t '(Every joint registration made under this section
shall remain in force so long as the occupancy
continues)].
16. In every case in which an occupant of estate Recovery of
Ilks been registered under the last preceding section and ~~:u~~m
an arrear of revenue has accrued due in respect of such ,coupante
estate subsequent to such registration, the Collector jointly regis
may take proceedings in the Brat instance againat such E:si$t$,
occupant under the provisions of the 2(Tamil Nadu)
Revenue Wpower ~ct I1 of 1864, in so far as they relate
to the seizure;at&lIement and sale of movable property
or of the crops or ungathered products of land on which
- an arrear is due :
Provided that nothing herein contained shall debar Provisos.
the proprietor from recovering by. suit from suoh
occupant the mear of revenue or portion thereof
whioh, owing to tihe default of such oocupant, has been
paid by, or recovered from, him :
Provided further that nothing contained in this
1 seotion shall be deemed to affect the power of the
Collector to recover from the registered proprietor of
such estate under any or all of the provisions of the said
Act any arrear of revenue which may be due on such
[ estate or on any other estate registered in the name
1 of such prbprietor.
16. Except is otherwise provided by this Act, no Jurisdiction of
[ civil Court shall have jurisdiction in any matter :::id. Courts
which the Collector is empowered by or under this A& ---
I Tho words wit,llin brtrokets won) substituted for the word~ "The Collector shall stat0 in his ordor tho period for which suoh joint i
registration shall be in foroe, which period shall not extend beyond
the date of the tor~nination of the contract referred to in this seotion"
by section 2 of the Malabar Lend Registration (Amendment) Aot,
1934 (Madras Act Act 11 of 1936).
2 These words were substituted for the word "Madrss" by the
rail Nadu Adaptation of Laws Order, 1969, acl amended by the
T* Nadu Adaptation of Laws (Seoond dmendment) Order, 1969,
wbh me into force on the 14th Janueq LBO@.
440 Malabar Land Registration [I896 : T.N. Act 111 1 . (
to dispose of or shall take'oognizance of the manner in
which the Collector exercises any powem vested in him
by or under this Ad.
Peymont of 17. All costs of any inquiry or prooeeding held before,
ooats. or any survey or demarcation directed by, the Cdec-
tor under this Aot shall be payable by the parties
ooncerned, and the Collector may pass such orders as he
shall think-fit in respeot of the payment of suoh costs;
md in the event of suoh costs nob being paid on demand
may recover the amount thereof' in the ssme rmnner ae
if it were aa arrear of land-revenue, and pay the sum
so recovered to the person entitled to reoeive it. c*
)
Order of
District 18. Notwithstanding anything contained in Regu-
Colleator lations I and I1 of 1803*, l[ 3 no ~PW
find. shall lie to the Board of Revenue from any order made
by the District Collector underthig .Bob. - -
ssving obuae. 19. Subject to the provisions of section 13, nothing
aontained in this Act and nothing -done in accordance
with this Act shall be deemed to-
(a) preclude the Government or any person from
bringing rt regular suit for possession of, or for a deola-
ration of right to, any immovable property to which Y ,%
the Government or such person may deem itself, or
himself entitled ; or f . b
(b) render a registration under this Act an admis-
sion on the part of the Government of the right of the
person in whose name such estate may be registered or
an admission of the validity of the title under which
the estate is held ; or
(c) affect the rights of the Government or of any
person in respect of any estate or of any interest
therein.
The words "of the Madres Code" wen, omitted by motion 4 of,
and the Third Sohedule to, the Tsmil Nadu Repeeling end Amen- ding Aot, 1957 (Tamil Nadu Aot XXV of 1057).
3
* The Tamil Nadu Boerd of Revenue Regulation, 1803 and the
Tam il Ndu Cc,lleotorsReguletion, 1803.
20. The Board of Revenue may, after previous The ~~~d of
publication, make subsidiary rules for the carrying Revenue may
out of the purposes of this A&, and may prescribe the make rules*
fees, if any, to be paid for the service of summonses
issued under '(Tamil Nadu Act) PI1 05 1869% in connec-
tion with inquiries and proceedings under this Ad.
21. The s[State Government] may, by notScation, Power to
suspend the operation of this Act in any specSedsus~end operation portion of the districts to which it applies, and may, of
by ~ubsequent notification, bring it again into opera-
tion.
'122. The s(State Government) may, by notifim- ~~l~~~~i~~ of
tion, empower any officer to exercise all or any of the powers.
powers of a Collector under this Act].
1 Thie expmion wee eubetituted for the expreeeion "Madras
Aat " by the Tamil Nadu Adaptation of Lawe Order, 1970, which
was deemed to have oome into foroe on the 14th January 1969.
8 The Tamil Nadu Revenue Summonses Aot, 1869.
The worda hvinoid %vernment " were eubstitutad for
the worde " Looel 6lov~rnrnent by the Adaptation Order of 1937
and the word " State " W- substituted for " Provincial '* by the
Adaptation Order of 1950.
4 Seotion 22 warn added by ee0ti0n 3 of Madme Act 1 of 1920.

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