The Tamil Nadu Estates Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1947

 
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The Tamil Nadu Estates Communal, Forest and Private Lands (Prohibition of 
Alienation) Act, 1947 
 
Act 14 of 1947 
 
 
 
 
 
 
 
 
Keyword(s): 
Estate, Landholder, Forest Land, Impartible Estate 
 
. -..------* -*-.*,.&-A * 
Q ' 
1947 : T.N. Act ;rlIVl Estates Comund, Forest 969 
and Private Land8 (Prohibition qf Alienation) 
'[TAMIL NADlJ] ACT No. XIV OF ' 1947 '. 
, , ' [THE '[TAMIL NADU] ESTATES COMMUNAL, ' FOREST 
AND PRIVATE LANDS (PROHIBITIO)) OF ALIENATION) 
ACT, 1947.1 < 
I 
(Received the assent of the Governor-General on the 
25th October 1947 ; first published in the Fort St. 
George Gazette Extraordinary on the 25th October. 
1947 .) 
An Act to prohibit the alienation of communal, forest 
and private lands in qtates in the 3[State of Tamil 
Nadu]. 
WHEREAS it is necessary to prevent the indiscriminate 
alienation of communal, forest and private lands 
in estates in the 3[State of Tamil Nadu] pending 
the enactment of legislation for acquiring 
the interests of landholders in sttch estates and 
introducing the ryotwari settlement therein ; It 
is hereby enacted as follows :- 
1. (1) This Act may be called the l[Tarnil Nadu 
Esrntes Communal, Forest and Private Lands (Prohi 
bition of Alienation) Act, 1947, 
*[Tamil 
~adul (2) It extends tcj all estates in the '[State of 
Act I Tanlil Nndu] goven~ed by tlie '[Tamil Nadit] Estates 
0f190g. Land Act, 1908. 
(3) It shall come into force at once. 
- -- 
1 These words were substituted for the word "Madras' by thc 
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the 
Tanlil Nadu Adaptation of Laws (Second Aincndment) 
Ol'dcr, 1969. 
2 For Statement of Objects and Kzasuns, see Fort St. George 
G~iette Extraordinary, dated the 13th September 1947, Part IV-A, 
page 3. 
a This expression wiU substituted for tho expression "Province: 
(if Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, 
which wits dccmed to have come into focce on tht 14th January 
1069. 
This cxpressiol~ was ~\tbstitlited forbthe cxpl-ession *CState of 
hlntlrnnM by theTamilNadu ~daptationbf Lnws Order, 1969, a9 
anlendecl by the Tamil Nndu Adaptation of Laws (Second Amcnd- 
lllent) Order, 1969. 
P1 
* Si *F,s&$y >..Ey ?. .k$ >,<%. %"- . A !'<, . $$* h & i* +&*-* >, , * < 
1, 
9'70 Btates Cod, Forest 11947: T.N. Act XIV 
and Private Lands (Prohibition of Alienation) 
2. In this Act, unless there is anything-repugnant 
in the subject or context-- 
(a) "estate", "landholder", "private I 
"ryoti land" shall have the same respective m 
as in the l[Tamil NaduJ Estates Land Act, 1 
and "communal land" means any land of the 
cription mentioned in section 3, clause (16), sub- ~flgog, 
clause (a) or sub-clause (b), of that Act ; 
(b) "forest land" includes any waste land con- 
taining trees and shrubs, pasture land and any other 
class of land declared by the 2[State] Government 
to be forest land by notification in the Fort St. George 
(c) "impartible estate" means any estate included, amil 
in the Schedule to the l[Tamil Nadu] Impartiblegdul 
Estates Act, 1904, or subsequently declared to be an ~ct 11 of 
impartible estate within the meaning of that Act, 1go4. 
by an Act of the Legislature. 
,f 3. (1) Notwithstanding anything contained in any 
nof other law for the time being in force, no landholder 
shall sell, mortgage, convert into ryoti land, lease 
or otherwise assign or alienate- 
(1.1) any communal or forest land in his estate 
without the previc~!~ sanctioil of the District Collector, 
on or after the date on which the Madr 
Communal, Forest and Private Lands (Pro 
of Alienation) Ordinance, 1947, came into 
namely, the 27th day of June 1947, or 
(b) any private land it1 an impartible estate 
notified by the ?[State] Government in the Fort St. 
George Gazette, in pursuance of this clause or the 
-I-- 
i These words were substituted for the word 'IMadras" by 
the Tamil Nadu Adaptation pf Laws Order, 1969, as amended 
by the Tamil Nadu Adaptat~on of Laws (Second Amendment) 
Order, 1969. 
a This word wag substituted for the word "Provinofal" by tho 
Ad.ip(ation Oidcr of 1950. 
1947 : T.N. Act XI 
and Private hdp (Prohibition of Alienation) 
corresponding clause in the Ordinance aforesaid, 
An or after the date on which the estate was so notified : 
. ceeding two years. 
(2) Any landholder who has contravened or 
contravenes the provisions of sub-section (I) and any 
agent of the landholder who has abetted or abets 
such contravention shall be punishable with irn- 
prisonrnent which may extend to two years, or with 
he which may extend tobfive thousand rupees, or - 
with both. 
4. (1) Any transaction of the nature prohibited by nature 
section 3 which took place, in the case of any com- specilied in 
munal or forest land, on or after the 31st day of TC.2yn3lObe 
October 1939, and in the case of any private land in 
a notified estate, on or after the 1st day'of November 
-1945, shall be void and inoperative and shall not 
confer or take away, or be deemed to have conferred 
or taken away, any right whatever on or from any 
party to the transaction : 
Provided that nothing contained in this sub- 
section shall be deemed to invalidate- 
(i) any such transaction in respect of any 
forest land entered into before the 27th day of June 
1947, in favour of any religious, charitable or edu- 
cational institution, or of any hospital, or of any 
'local board, municipal co~mcil or co-operative society 
Madras registered or deemed to be registered under the Madras 
ACtV1 Co-operative Societies Act, 1932,* or of any other 1932' public body or institution ; 
f 
972 Ebates ~omm&l, ~ore&fb47: 
ad Private l;mrdr (Prohibition of A 
religious, charitable or educational institution, or ofany 
hospital, or of any 'local board, municipal council or 
cooperative society registered or deemed to be regis- 
tered under the Madras Co-operative Societies Act, f;d~ 
1932*, or of any other public body or institution ; ,f 1932, 
(iii) any such transaction in respect of any ' 
forest or private land not exceeding twenty acres in 
extent, entered into, in the case of forest land, before 
the 27th day of June 1947, and in the case of private 
land, before the date on which the impartible estate 
I in which the land is situated is notified as aforesaid ; 
I (iv) any such transaction in respect of any 
forest or private land exceeding twenty acres in extent, 
1 entered into before the respective dates specified in 
,clause (iii), up to a limit of twenty acres chosen by 
I the assignee or alienee, the choice being limited as 
far as possible to contiguous land ; 
I (v) any such transaction in respect of any 
1 forest or private land entered into before the respective 
dates specified in clause (iii), in favour of an assignee 
l or alienee in good faith and for valuable consideration. 
(2) Any choice made under clause (iv) of the 
proviso to sub-section (1) shall be communicated to 
the Collector of the district or such officer as may be 
authorized by him, in the case of forest land within 
three months from the date on which this Act comes 
into force and in the case of private land, within 
three months from that date or from the date on which 
the imparrible estate is notified as aforesaid, which- 
ever is later. 
(3)'If any dispute arises as to the validity of 
the claim of any person to any land under clauses (i) 
to (v) of the proviso to sub-section (I), it shall be 
open to such person or to any other person interested 
$. *- ' p ' ', , * 
'6 
if34 i 
: ' 1941: T.N. ~ct et;UV] Esrotih 
and Private Lands (Prohibition of ABmdon) 
h the transaction or to the '[State] Government, 
to apply to the District Judge of the district in which 
the land is situated, for a decision as to the validity of 
ouch claim. 
+ 
I (4) The District Judge to whom an2application 
is made under sub-section (3) shall, after giving notice 
to all the other persons concerned in the transaction 
or interested in the land and also, where the applica- 
tion is not made by the '[State] Government, to the 
'[State] Governrnenc, decide whether the claim to 
the land is valid or not ; and his decision shall be 
final. 4 
(5) The '[State] Government may, by notifi- 
cation in the Fort St. George Gazette, make rules for 
the purpose of carrying the provisions of this section 
into effect, and in particular as to the fees to be paid 
in respect of the applications referred to in sub-section 
(3), and the procedure of the District Judge, 
Central 5. Notwithstanding anything contained in section Power to 
Aa v 01 32 of the Code of Criminal Procedure, 1898*, it shall enhancejurisdi- ction of First- '898. be lawful for any Magistrate of the first class ? specially 
empowered by the '[State] Government in this behalf to impos~ 
to impose a sentence of fine exceeding one thousand 
rupees for any offence under section 3. 
6. No prosecution shall be instituted under this Dist 
Act against any person without the previous sanction c.01 
of the District Collector. sar 
I)f 
-- - 
I This word was substituted for the word I' Provincial " by the 
Adaptation Order of 1950. 
* See now the Code of Criminal Procedure. 1973 (Central Act 2 
ef 1974), ?zctton 29. 
Accord to clause (a) of sub-section (31,; of section 3 of the 
codo of iL procairn* !973 (am1 Act 2 of 1974). 
which came into form on the 1st Apnl1974, any refmm to a Magis- trate of the first clms shall be construed as a rdwnca to a Judicial 
I Magiatrate of the flrst class. 
* 27."- * 
I T.N;L~ XIV 
Ahation) 
7. No notification or order of the '[Sta tel Govern- 
/ ment or of the Disbrict Collector under this Act shall 
E be liable to be questioned in any Court of Law. 
1 
'[8. I 
Povmto 9. Lf any difficulty arises in giving effect to the pro- remove visions of this Act, the '[State] Government may, as 
occasion may arise, by order do anything which 
appears to them necessary for the purpose of removing 
the difficulty. 
- -- 
1 This word was s~trJtitut& for the word" PrcvinciJ " by the 
Adaptation Order of 1950. 
r l'hia sedfm was rspsakd by section 2 of, and ths Fit S@haduir 
to tbe'hrd Nadu Row and ~mrndi.0 Aot, 1952 CTpm~l *adu 
k cr XI of 1952). 
\ 
I 

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