LexThe Tamil Nadu Inams (Assessment) Act, 1956
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The Tamil Nadu Inams (Assessment) Act, 1956
Act 40 of 1956
Keyword(s):
Collector, Estates Land Act, Inam, Inam Land, Settlement
Amendment appended: 15 of 1968
956: T.N. Act XQ Inartzs (Assessmt?nt) 633 1
1
I *
i
i
'[TAMIL NADU] ACT No. XL OF 1956.2
(Received the assent of the President or$ the 39th February
1957 ; first publislzed in the Foet St.' George Galat+-e .
on the 27th February 1957.)
n Act for the lev of fall assessment on certain inam lands
in the 8[State of Tamil Nadu.]
REAS it is expedient to provide for the 1.s~~ of full
sment on certain inam lsnds in the 8[State of Tamil
BE it en~~c ted in the Sevcnt:h Year of the Republic of India
s follows :- 'I
= I
1. (1) This Act m:y b: cllled the l[T.arnil Nsdu] Inams Short title i
(Assessment) Act, 1956. and cum- i I
mencement.
(2j It sh9.11 be besmsd to h?ve come into force on t b
1 st dsy of July 1956.
2. In this Act, rtnl~ss the context othmwise requires,-- ~efiniti.,ns.
(a) " Collector " means a Revenue Divisional
Officer and includes sny person appointed by the State
Government whether by nAme or in virtue of his office,
to exercise any of tltc Func:ions of 2. Collector under this
Act ; -
(b) Est~.tes L3.nd Act " means the '[Tamil Naaui
Estates L?nd Act, 1908 ('[Tamil N?.du] Act I of 1908) ;
cc in?lll" lllezns en inqm land as d.efined in
and iacllldes zn nssibnment of land icvenuc of?
such inaln 1311d ;
- --- _--
1 These words were substituted for the word " Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) order, 1969.
2 For Statement of Objects an6 Reasons, see 3ort St. George
Gnzette, Part IV-A, dajed the 5th December 1956, pages 245-246.
8 This cxprersion was substituted for the expre-ion #'State of
Madras" by the Tamil Nadu Atlaptiltion of Laws Order, 1969, as
amended by I he Tamil Nadu Adaptation of Laws (Second mend- tnent) Order, 1969.
- --
6% rn~& (kssctssmenr) [IYS~ : T.K. ket
(d) " in*,b.m 1 2,nd. " m :pons any ltnd th*: grant of which
ia inom h2.s b~en rnldc, confirrncd or recognized by thc
Govament and inc;lj ides any insin collstituthg an estate
under the Est~.tes Liad Act, b!lt docs 1%~: i~lclldc-
(i) ally estate to which th-;. provisions of the '[~ernil
Nadu] ~str.tfs (Abolition and Conversion i rlto Ryotwari)
Act, 1948 (l[Tamil W?du] Act XXVI of 194S), apply or
may b: applied ;
(ii) any ryoti ilrtd, th9.t is to s:ij, ~iily cultivable
13.d in an estp.tc held by a person othw rkdn the land
holder ;
(iii) any i?nd grmted by a i:!ndii~lder on service
tenure either free of rent tr on favo~tr:~ble rates of reM if
granted before ti ~e p~ssing of the Estst cs 1d':ntL Act or free
of rent if granted after that dm, so long ;IS the s:rvice
tenuse subsists ;
(iv) b:ds arid blrllds of titl~ks and of supply, dr~i-
n:tge surplus or irrig:!&ion ch~.i~neis ;
(v) thrcslling floor, cattle st:!nd s, vi sites an('
other lands which rrc set apart io: ! Irc c:olnrnntl use of the
villagers ;
(vi) wil st e Ltnd s and f'o~ est s .
Exp1matlm.-The exprcssi~n ' ldrld holder ' sha 11
have the meaning ~5sibned to it ill clause (5) of section 3
oft he Estates L?nd Acl .
(e) '' s<:ttlzmen t " includes roseitfcrn~nt .
3. (1) Nolwithstanding anyi hing con:ainsd in any Lsvy of engapm:m, con~racl, grant or eny 1 iw for the time b~inb assessment, in force, IL -hdl bz I?.wful for thl: S~lnic GovG~nmcllt to
levy-
(E) 011 any ii~,:rn i~nd in a ryol?~s;i vill?ge9 the full
assessment at t hc rat r: ( f ?.ssessmeni sc t 01 it i 11 I hc sett lcmmt
notificc?tion for Iq.ni: s of 1 sirnils:~* Cet;cl-i pt ion ?,nd with
similar adwntteg;s in t hc szme villllg-, and if t]lcrc arc no
such lands, in the llei'rest ryotw.tl*i viil:rgc wilere such
simil%r land s exist ;
--.----------.-.I----.-.---
--.----- .."..--_ _ "-
1 These words were subst iruted for thc wcr1.d L'i\/]iLdrn S~ by r he
7'amil ~adu Adaptntioti of Laws Order, 1959, as czrnci~dcd by the Tamil Nadli Adaptation of Laws (Secot~d Arnenitnent) Order, 1969.
.- --
, -
S"
5~
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1956: T.N. Act XL 1 I~zums (Assesslnent) 654 -
I
(b) on any othx inem l?nd , the full assessment . .
at the rate of assessment set out in the settlement notifica-
tion for llrnds of r? sirnil?r description nnci with similar
advantages in the nmrest ryotwvari village whxz conditions .
are generally sirnilqr to those obtairrin'g in ths villzge in
which th~ inm Isnd is sitwted :
. Provided iht in the case of an itlarn granted on
service tenure which is proved to collsist of an assignment
of 1m;l rzvaluc only, na ass:ssmdnt ui~dcr this sub-sxtion
shall b: levizble, 2nd til: illu L1lL~ar sshirll be liable to pay ,
ody the quit-rent, jodi, kattubadi or other amount of a
likc mture, if my, which he has b:cn paying before the
~ommcncsmcnt oft his Act.
Explanation I.--The levy of full assessment on any laam,
which become en ata? t.e by virtue of t lie '[Tamil Nadu]
Estltes Lmd (Third Amendment) Act, 1936 (=[Tamil Nadu]
Act mIII of 1936), sbll be in addition to any quit-rent,
jodi, k3ttub:d.i or 0th amount of a like nature payable
to the State Gsvcrnmmt by the landnolder immediately
b:foye the c3mmenci=mcnt of this Act.
Gxplmtion 11.-If any quit-rent, jodi, kattub?*di or
oth5r amount of a like n??me w-ls payable to the f3tatte
Gavmmjnt immediately before the commencement of
this Act in resp-ct of any in2m other than one falling under
Explm9tion I, th: ass:ssment leviable on such inam under
this s;ction sh4l bz in lieu of such quit-rcnt, jodi, kattubadi
or other ?.mount afores?.id end if, in respect of any such
inlm situited in an inam villlge, any jodi or other amount
of a like n%ur e is p3.yabla by th3 inamdar to the landholder
of tl~ village, thc assessment leviable on such inam under
tMs scction shell b,: reduc~d by the amoum of the jodi or
oth5r amount so payable.
I
(2) (a) Bdfol-c meking the asscssmcnt the Collector
slnll publish in the District Gazette and in such other
manner as may b2 prescribed, a draft notification speci-
fying the inam lands in resp3ct of which the assessment
is proposed to be levied under sub-smtion (I), and tbe
l-ntes of such assessment together with a notice speciming
8 date not bcing less than one-month from the date of
such publication st or after which such draft will be taken . r
- -A- _..-._" _-..- _-- ... & _....- _-.-.
1 Thcse wordt were substituted for the wu,rd " Madra! " by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by .$he
Tandl Nadu Adaptation of Laws (Second Amend.ment) Order, 1969-
125-342~
'into consideration, a1.d shgll co~Gsrn or 111od~ify the aasess-
ment or pass such orders 2s he deeins fit cfter considering
any objections which may b: 111.rdc io respect of the draft
by the inamdar or other p~sson interested before the
specified date and after mg.king such inquiry, if 811y, as
he deems fit.
(b) Any p:rson deeming hi:nself sggsievzd by a
decision of th: C~llector under cl tuse (a) mf:y prefcr :en
appeal to th2 Distx.ict Collector witldn thc prescribed
pziod and th: District Collector m::y, :lfter givillg the
appellant en opp~rtunity of b5ng Il:*:rd, prss such ortl~rs
on the eppeal as hs ininks fit.
(c) Th.3 dsision .~f th: Dis:t.ict Collctor under
clause (b) and ill cas :s where no :ipp :I:/ hs:s ken prefer-red
ths decision of the Co1l:c:or utldcr ci!clsr: (a) si19.11, s~tbjxt
to the provisions tfthis Act, b: fins1 and shall not b: lii~blc
to be questioned in ;'.fly court of law.
(3) The inam lands and rates of assessment leviable
thereon as finally decided shall therr bc pubiis5ed ia tbe
District Gazette arid in such other manner as may be pres-
cribed.
1[(4) Tile rates of assessment, as published under
I sub-section (3) shall take effect 014 and fro111 the 1st day
of July 1956 and acc~rdingly assessmer.lt undcr this section
ahall be leviable with eKect from that date].
2[3-A. (1) Notwiihstanding anything contained in
of swtition 3, it shall be lawful for the State Government to Aqsessmen t
on Inam Lands, revise, from time tc time, the rates of assessment ns pub-
lished under sub-section (3) of section 3, whenever the rate
of assessment set out in the settlement riotification referred
to in clause (a), or as the casa ia)q be, in clause (6) of sub-
section ('\ of section 3 is revised subsequently by the
appropriate authority :
Provided that the revision in the rates of assessnzent
under this sub-sectiou shall be to tlic same extent as the
orates of assessrnerlt sel out in the setticment nutific&ian
as revised by the said appt-opriatc authority.
---I - --- " ---._ . -.* -*-- --
I This sub-sea ion ~,is it~Ldct1 by scctItl;t 2 of tilt. .r;tmil Nlidu Inams (~ssessment) (An~elidnlent) Act, 1 961'; (?':mi I Nadu it IS
of 1968), which was d~(~tlaecl to havc cc nze irli<t f,:r.ce on tlrc 1st July 1956.
8 his section was in-cried by seclior12 cif the Talnil Nactll 1nam.c (Apsessment) Amendrrer*t Act, 1961 ('Pamil Niirln Act 16 of 1961)
.a- - -. - - - rc-
1956 : T.N. Act XL ] Inams (Assessment) 661 -
(2) The provisions of sub-section (2) of section 3
shall, as far as nny be, apply in relation to the revision
of the rates of assessmellt on inam-lands under sub-section
(1) as they apply in relation to the nlaking of the assessment
oa such lands. .e
(3) The illam lands and the rates of assessment
leviable thereon as revised under this section shall be
published in the Ljistrict Gazette and in such other manner
as may be prescribed.
l[(4) The revised rates of assessment as published
under sub-section (3) shall take* effect from the commehcs .
ment of the fasIi year in which such rates of askssment
are published in the District Gazette and according1
assessment undor this section shall be leviable with effect
from the commencement of such fasli year.]]
* ~
I . wr : ;'k.,;
" *tiw 4. In the case of an inain gratited for the purp6se~~f;$~ekilaip&~dp$-~:
any service it shall be presumed, in the absence of eviderice iF thi cage .~~~yef~# a
ofservice .G.G to the contrary, that the imim consists not merely df.atl lh8ms, - F; ..;. assignment of land revenue payable in respect of the 'lanil g .. ,'., , :" +<
,& .. +$, but also of the land. ' rg-.e~ -.; .&$ -,?;
3.": g : I "1".
* < , q.. ',.",4$-J
5. Nothing contained id this Act shal, be deemed t6 ~e:u@s@-r::%
affect the power of the State Government to resume aw ?kservlGe,
. , i%+
s :- *q inam on the ground that the holder of sucll inam has fail6d ~nams. i . b- ,l! .
to perform or make the necessary arrangements for per-
forming the charity or the service for performing which .CF
a,
the inam had been made, confirmed or recognized as
aforesaid. ' , '..; ..6
,w
. *
6. (1) Notwithstanding anything contained in any other survey
law for the time being in force, any inam village, which inams.
became an estate by virtue of the 2[Tamil Nadu] Estates
I
Land (Third Amendment) Act, 1936 (2[Tamil Nadu] Act
XVIII of 1936), or part of an estate as well as any other
land (not forming part of any such estate), the grant of
which in inam has been made, confirined or recognimd
---- --- I -
*This sclb-section was added by section 3 of the Tamil Nadh
lnams (Assessment) (Amendment) Act, 1968 (Tamil Nadu Aot, 15
of 1968), which was deemed t.! have come into force on the 1st July
1962.
QThese words were substituted for the word ''MadA. -" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nacl u Adapt at ion of Laws (Second Amendment) Orc!er, 1969,
--
662 &am (A,~s~~:;sniert t) [ 1936. TON.
by the Government may e surveyed or if it has boou
surveyed before the 1 st day of JY:~ ! 2 t 6 ;:lay I-,? :c-surveyed,
as if it were Govcrrcnent land, in wcordanco with the
provisions for the su:*voy of such land contained in the
.mil Nadu] Survey and Boundaries Act, 1923 (g[TamiI
Nadu] Act VIII of 1923).
(2) The cost of the survey or re-survey, except so
inuch thereof as is payable by any person uodel the pro-
visions of section 8 of the l[T&lnil Nadu] Survey and
Boundaries Act, 1923 (' [Tamil Nadu] Act VIII of 19231,
shall be borne by the Statc Governn~clzt,
Rights as 7. Nothing ~ontaiuetl in this Act shall be dcelned to
petween define, limit, infringe or destroy the rights as betwoen the inamdar snd other inamdar and other persons, if any, in possassion or
persons no1 enjoyment of the inam land.
affected.
Power to 8. If the State Government arc satisfied t!lat in auy
correcr notification published 2[under sub-scctioil (3) of section 3
errors. or sub-section (3) of section 3-A] there is any cfior inclu-
ding any clerical or arithmetical error, or error arisii~g
from any accidental slip or omission, they may, by noti-
fication in the District Gazette conccriled, cortect such
error.
Power to 9. If any difficulty arises in giving clhct to the provisions
remove of this Act, the State Government iwy as occtsion may
difiiculties. require, by order, do anything which appc:ars to tlleln
necessary for the purpose of temoviag the di lEct:l ty.
power 10. (1) The State Governmneot may, 3[
make rules. make rules to carry out the purposes of this Act.
(2) In pa.rticulaiq cod without prejudice to tho gemra-
1i.y of the foregoing power, such rules may provide for-
fa) .the dljterminatio tz of t he assesstrrent leviable
under ihis Act in respect of unsurveyed lands ;
C ---. ----- - I .---- - -- -- - -.- - *- _ - --
lThese wards wcr2 stf13srit :~ce(i for tile word 'bk.:adras'' by the
Tamil Nadu Ad.aptat;on c f Lws Order, 19G9, as cl~ner~ded by the
TamilNadu Adapration c.f Law.; (Seoond Arnenclmenf ) Orcier, 1969.
Whes: w~rds, buckets, figures arid Iettcr were subsiifu ted for
the wards, b~ackeis and figures (," uncler sub-section (3) of sedi 3n 3"
by section 3 of the Tamil Naciu Inams (Assessnlet~t) Antendment
Act, 1961 (Tamil Nadu Act 16 gf X 961).
sThe words " by n,) ificat ion " were onlit led by sect ion 4 (I)
of the Tamil Nrldu Inams (Asszss~nek~t) Atnenclment Act, 1961 framil
~adi* Act 16 of 13611,
r
CC
5,
1956 : T.N. Act XL ] Inawas (Assessmeiz t ) "663 :
"a 1
(b) tlic ~!asiifi~a!i~n of lands 2s I:-? t, mmar?ari or dry,
fgr ?he pur;v,:~ 95 frrizg the ;a12 I!' ;.rl;esrzzmr le4PMe
uDder tkij Acr ;
(c) the procedure to be followed by.the Collector and
the District Collector in inquiries and appeals under this
Act ;
r.
(d) the manner of publication of the notifications under
section 3, sub-sections (2) and (3) '[and section 3-A, sub-
sections (2) and (3) ].
2[(3) All rules made under this Act shall be published
in the Fort St. George Gazette and, unless they are expressed
to come into force on a particular day, shall come into force
I
on the day on which they are so published.
(4) Every rule made under this Act, sha1l;as soon as
possible after it is made, be placed on the table of both
Houses of the Legislature, and if, before the expiry of the
session in which it is so placed or the next session, both
Houses agree iu making any modification, in any such rule
or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however,that ...
any such modification or arrkulm5nt shall be without pre-
judice to tne validity of anything previously done under that
rule.]
11. Where before the date of the coming into force of Inams
this Act, any inain land was held subject to any restrictions jubje
or conditions, such inam land shall, 3Fnotwithstanding the restrict
levy of full assessment on such inam land under section 3 etce
from the date of coming into force of this Act or the revision
of such assessment under section 3-A].
These wxds, figures, fetter and brackets rxre added by section
4 (ii) of tlre Tamil Nadu hams (Assessment) Amendment Act, 1961
(Tamil Nadu Act 16 of 1961).
sl'hesc sub-sect ions were substituted for original sub-section
(3)bysection 4 (iii) oft he Tamil l?adu hams (Assessment) Amendment
Act, 1961 (Tamil Nadu Act 16 of 1961).
8 These words.. figures and letter were substituted for the-words
and figure "notwithstanding the few of full assessment on such
inam land under section 3 from the date of coming into force of
this Act " by sect ion Sonthe Tamil Nadu Inams (Assessment )Am$ncj-
qeqt Act, 1961 (l'amil Nadu &t 14 of 1961)
.-j
A*.
Inams (Asst;~sment) (AfnenJ/nent)
L NADIJ) ACT No. 15 OF 1968?
NADUJ INAMS (ASSESSMENT)
DMENT) ACT, 1968.
t ott the 25th September
t St, Georbe Gazette
ry, on the 26th September 1968 (Asvim
furth-r to amend tbc 1 framil Nadu] inams (Assess-
sgislature of the S[State of Tamil
b Ye?r of the Republic of lu<:?,
Short title called the pamil Nadu]
mendment) Act, 1968.
(2j Section 2 shall be deemed to have corm into
ce on the 1st day of July 1956.. Ssotion 3 shall be deem-
to have come into force on the 1st day of July 1962.
2-3. vhe arrendmcnts made by these sections have
lreaEy been incorpcratzd in th:: principal Act, nam:ly,
Tamil Nadu Insms (As~ssment) Act, 1956 (Tamil
u Acrt XL of 1956).]
ined in any judp Validation levy and other authority, all
orting to have been
Act for the period
56 and ending with
rposes, he deemed
-
words were sv?bstitWd for the word '' M&as " by
Order, 1!)69, as amended by
Laws (Szcond Amendment)
and Reasons, see Fort St. George
the 19th Aualst 1968, Part
r the expression !' State
on of Laws Order, 1969,
aptatton of ,Jaws (Second
. .
romp (Assessment) (~mendment) ' [1%8 : T.N. Akt k5 , ;
or collected and akordingly,i-=.
l" ,
(a) all acts, proceedings or things done or taken
rbe &ate Government or anyauj hority, oflicer ar perso
in connection witb tbe levy or ccllzaticn of sucb assessme
shall, for all purposes, be deem& tc be, and to have always
been, done or taken in acc~rdancc wiih law ;
(b) no suit or otber ~roeedil~g shall bc maintained
or coniinucd in any court for the refuncl of any assessment
so paid ;
(c) no covrt shall enforce any decree or order direct
ing the r:fund of any assessment so paid.
- -- -- -
to 50 : 'hid t&havc always '&en, validly 10vi8ed IF oollecte
in accordan~e with law as if sections 2 and 3 had been i
fare: at all:mit&ial timcs when such assessment ~ai'1ev.i . . -.
-
5. The Madras Inams (Assessment) (Amendme
Ordinance, 1968 (Madras Ordinance 3 of 1968), is herc
rcpcaled.
-, . .