State of Tamilnadu- Act
Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974
TAMILNADU
India
India
Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974
Rule GUDALUR-JANMAM-ESTATES-ABOLITION-AND-CONVERSION-INTO-RYOTWARI-RULES-1974 of 1974
- Published on 7 December 1974
- Commenced on 7 December 1974
- [This is the version of this document from 7 December 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974.2. Definition.
- In these rules, unless the context otherwise requires,-3. Procedure for taking possession of a janmam estate.
4. Procedure for taking possession of land in a janmam estate.
5. Period within which appeal against the order under the proviso to section 3(d) can be filed.
6. Revision petition to the Settlement Officer.
- Any person aggrieved by any of the orders, acts or proceedings of the Assistant Settlement Officer or the Officer who is exercising the powers delegated by the Settlement Officer in writing other than those in respect of which an appeal lies to the Tribunal, may prefer a revision petition to the Settlement Officer within thirty days from the date of service of the order or proceedings sought to be revised.7. Revision petition to the Director of Settlements.
8. Enquiry into claims under section 8, 9 or 10.
9. Appeal to the Tribunal.
10. Vesting of buildings.
11. Eviction of occupation of land not entitled to ryotwari patta in respect of it consequent on decision under section 12 or 14.
- In cases in which the Settlement Officer, the Tribunal, the Special Appellate Tribunal, the Director of Settlements or the Commissioner, l.and Administration decides that the occupant of a land is not actually entitled to a ryotwari patta in respect of that land, the Tahsildar shall serve on him a notice in Form No. 9. The Tahsildar shall also take such further steps as are necessary to evict him. Any such eviction shall be carried out in accordance with the provisions of clause (c) of sub-rule (3) of rule 4:Provided that if the occupation is unobjectionable and if the occupant states, in writing, that he accepts the decision of the Settlement Officer, the Tribunal, the Special Appellate Tribunal, the Director of Settlements or the Commissioner, Land Administration as the case may be, that he is not entitled to a ryotwari patta in respect of the land in his occupation and that he will surrender the possession thereof to the Government when required, if the land is not assigned to him under the darkhast rules, his petition being treated as his darkhast application, he need not be evicted. The Tahsildar may allow the occupation in such cases to continue, subject to the payment of assessment on the land as determined under section 20, until orders are passed on the darkhast application or the land is required by the Government for any purpose, whichever is earlier.12. Liability of an unauthorised occupant of land to be proceeded against under any law.
- Nothing contained in these rules shall be construed as exempting any person unauthorisedly occupying land from liability to be proceeded against under any law for the time being in force.13. Procedure to be followed in cases falling under section 14,15,16,17 or 18.
- The provisions of rule 11 shall apply mutatis mutandis to cases, in which the occupant of any land is not entitled, under section 14,15,16,17 or 18, as the case may be, to remain in occupation of the land.14. Delegation of powers.
- The powers specified in column (2) of the Schedule below which are conferred on the Government by the sections of the Act specified in the corresponding entry in column (1) of the said Schedule may be exercisable also by any of the authorities or officers specified in the corresponding entry in column (3) thereof, subject to such control as may be specified in the said column (3) and also subject to revision by the Government.The Schedule| Section of the Act | Powers | Authorities or officers by whom the powersshould be exercised |
| Section 3(d) | Power to take possession of janmam estate. | Collector of the district or such one of thefollowing officers as may be specified by the Collector orRevenue Divisional Officer of the Division or Tahsildar of talukand any other officer of Government not below the rank of aRevenue Inspector. |
| Section 9, second proviso | Power to direct that a person admitted topossession of any land on or after 1st June 1961 be entitled toryotwari patta. | Settlement Officer. |
| Section 15, second proviso | Power to specify rights which a person admittedinto possession of any land for non-agricultural purpose on orafter 1st June 1961 shall be entitled to. | Settlement Officer. |
| Section 16 | Power to issue direction under this section. | Settlement Officer. |
| Section 17(l)(a) | Power to terminate any right created before theappointed day by the janmi. | Director of Settlements. |
| Section 17(2) | Power to impose reasonable restrictions on theexercise of any right continued under section 17(1) (a). | Director of Settlements. |
| Section 18 (2) (a) | Power to terminate any right created before 1stJune 1961, for a period exceeding one year. | Director of Settlements. |
| Section 18(3) | Power to impose reasonable restrictions on theexercise of any right continued under section 18 (2) (a). | Director of Settlements. |
| Section of the Act | Powers | Authorities or officer by whom the powersshould be exercised |
| 1 | 2 | 3 |
| Section 12 read with section 8 | To decide the claim of the Janmi for the issueof Ryotwari patta. | Assistant Settlement Officer. |
| Section 12 read with section 9 or 10 | To decide the claim of the tenant or the personbased on personal cultivation for grant of ryotwari patta. | Assistant Settlement Officer or SettlementTahsildar. |
| Section 53 | To decide the question regarding forests. | Assistant Settlement Officer. |
15. Determination of rent in cases falling under section 24(2).
16. Procedure for determination of fair rent.
17. Application for a copy of the data and communication of the order, determining the basic annual sum.
18. Form of payment of compensation.
19. Period within which compensation in lump-sum or first instalment need be paid.
- The compensation in respect of the janmam estate, where it is payable in one lump sum and the first instalment of the compensation where, it is payable in instalments, shall be paid not later than nine months from the date on which the settlement operations in respect of the janmam estate are completed or where the date is earlier than the date of expiry of the period of agricultural years referred to in section 26, not later than nine months from the latter date:Provided that where the amount of the total compensation stands altered as a result of any order under section 29, or otherwise, after the payment or payments referred to above have been made, the amount or the amounts of any deficiency in the payment or payments already made may be paid at any time, and as soon as may be after the said alteration, and the amount or amounts of any excess in the payment or payments already made by way of deposit under sections 31 and 40 may be withdrawn at any time and as soon as may be after the said alteration.20. Apportionment of compensation and interim payment.
21. Appeal to the Special Appellate Tribunal.
22. Award of costs.
23. Procedure to be adopted in the case of proceedings before the Judges of High Court.
- The provisions of rules 21 and 22 shall, as far as may be, apply to the proceedings before Judge or Judges of the High Court hearing a case under subsection (2) of section 41.24. Mode of entertaining appeal or revision petitions, enquiry thereof and grant of stay.
25. Time barred application, appeal or revision petition to be dismissed.
26. Extend or boundaries of land covered by orders of any authority under Act.
- The extent of boundaries of the land covered by any order passed by any authority or officer in any proceedings under the provisions of this Act shall be subject to any changes, consequent on the determination of the fair area and map plotting by the survey authorities.27. Power to issue summons.
- The Settlement Officer, the Assistant Settlement Officer, the Tahsildar and any other Officer working under the Settlement Officer, Assistant Settlement Officer and the Tahsildar shall have powers to issue summons to any person either for appearance or for production of documents in connection with the enquiries into questions pending before such officer under the Act and such person shall be bound to obey such summohs. The form of summons shall be that used by Revenue Courts.28. Manner of service and publication of notices and orders under the Act or the rules.
29. Deposit in District Court of unclaimed and un-disbursed amount deposited with the Tribunal.
30. Form in which claim should be made.
- Every person making a claim to, or enforceable against, any amount held in deposit by the District Court shall apply in Form No. 12.31. Levy of process fee, award of costs, etc.
- In respect of the levy of process fees, the award of costs including costs by way of compensation for frivolous or vexatious claims or defences, the pleader's fee and witness batta, the District Court shall follow the rules applicable to the Tribunals.32. Procedure for dealing with amounts transferred to deposit of the District Court.
- The amount transferred to the deposit of the District Court shall be finally dealt with in accordance with the procedure laid down in rules 51 to 60 in Chapter III of Part I of the Civil Rules of Practice and Circular Orders (Volume II).33. Application for a copy of the data by pattadar, etc.
- Every application for a copy of the data on the basis of which the Settlement Officer proposes to determine the contribution payable by each pattadar shall be made by any pattadar or other person interested, within two months from the date of publication in the Tamil Nadu Government Gazette, of a notification by the Settlement Officer that he proposes to determine the contribution payable.34. Publication of fact of determination of contribution.
- As soon as may be after the determination of the contribution payable by a Pattadar under section 47 of the Act, the Settlement Officer shall publish the fact of such determination in the Tamil Nadu Government Gazette, with full particulars of the contribution.35. Recovery of contribution.
- The annual instalments of contribution payable by every' pattadar shall be payable to the Tahsildar in cash in the first kist month of every fasli year. The first annual instalment shall be payable in the first kist month of the fasli year succeeding that in which the Settlement Officer determines the contribution payable by? the pattadar under section 47.36. Transfer of title.
- Notice shall be given in Form No. 13 to the Settlement Officer or Tahsildar of Gudalur taluk on introduction of settlement by every transferor and transfers under sub-section (1) of section 50 of the Act or by any person to whom the title of a deceased person shall be transferred as heir or otherwise under sub-section (2) of that section.37. Decision of questions regarding forests.
38. Appeal to Director of Survey and Settlements.
39. Revision by the Commissioner, Land Administrations.
40. Court-fees and process fees payable.
| Section | Description of document | Court-fee (Rs.) |
| 1 | 2 | 3 |
| Section 6(c) | Revision petition to the Commissioner, LandAdministrations | 2 |
| Section 12 | Application to the Settlement Officer Appeal tothe Tribunal. Application to the Tribunal Vakkalatnama to theTribunal | 0.75 2.00 |
| Sections 9,14, 15 and 16 | Application to the Settlement Office | |
| Section 29(6) | Appeal to the Commissioner, LandAdministrations. | 2 |
| Section 41(1) | Memorandum of appeal to the Special AppellateTribunal- | |
| (a) if the claim does not exceed Rs. 3,000 | 15 | |
| (b) if the claim exceed Rs. 3,000 but does notexceed Rs. 10,000 | 100 | |
| (c) if the claim exceeds Rs. 10,000Interlocutory application to the Special Appellate Tribunal | 2 | |
| Vakkalatnama to the Special Appellate Tribunal | 3 | |
| Section 45(3) | Application to the District Court - | 5 |
| (a) if the claim does not exceed Rs. 100 | ||
| (b) if the claim exceeds Rs. 100 | 10 | |
| Section 53 | Application to the Settlement Office | 0.75 |
| Appeal to the Director of Settlements | 1 | |
| Revision petition to the Commissioner, Land Administrations. | 1.5 |
| (i) | for service of notice or summons on a singleperson. | 1.5 |
| (ii) | for service of notice or summons on everyadditional person residing in the same village if applied for atthe same time | 0.75 |
41. Fees to pleaders.
- The following principles shall be adopted in fixing the fees to pleaders for work connected with the proceedings under the Act before the Special Appellate Tribunal and the Tribunal:-| District and Taluk | Name of Janmam Estate | Name of village | Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed | Entire extent of the survey Number or subdivision | Description of the land | ||||
| Occupied extent | Boundaries of land occupied North. East. Southand West | Classification | Nature of occupation | Name of occupant | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| No ......................... | Date ............................. |
| District and Taluk | Name of Janmam Estate | Name of village | Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed | Entire extent of the survey Number or subdivision | Description of the land | ||||
| Occupied extent | Boundaries of land occupied North. East. Southand West | Classification | Nature of occupation | Name of occupant | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| No. .............. | Date ...................... |
| District and Taluk | Name of Janmam Estate | Name of village | Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed | Entire extent of the survey Number or subdivision | Description of the land | |||||
| Occupied extent | Boundaries of land occupied North. East. Southand West | Classification | Nature of occupation | Assessment | Name of occupant | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
1. Serial Number:
2. Name of district:
3. Name of Taluk:
4. Name of village:
5. Local name, if any, of the land:
6. Survey number and sub-division (if surveyed):
7. Extent (in acres and cents or local measurements):
8. Classification, whether wet or dry:
9. Survey Numbers of adjacent lands:
North:East:South:West:10. Provision of law under which the claim is preferred:
11. Summary of the evidence proposed to be adduced:
12. Remarks:
| Place:Date: | Signature of janmi/tenant/cultivator. |
| Survey Number and subdivision number | Classification | Extent (Acre.) | Boundaries | Name of the claimant | Section of the Tamil Nadu Act 24 of 1969 underwhich patta is proposed to be given | Section of the Tamil Nadu Act 24 of 1969 underwhich the claim is to be dealt with |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Place:Date: | [Signature of the Village Headman] [Now these posts were abolished and in their place Village Administrative Officers are appointed.].[Signature of the Karnam] [Now these posts were abolished and in their place Village Administrative Officers are appointed.]. |
| Place:Date: | Assistant Settlement Officer. |
| Survey Number and sub-division | Classification | Extent (Acres) | Boundaries | Name of the claimant | Section of the Tamil Nadu Act 24 of 1969 underwhich patta is proposed to be given |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Place:Date: | [Signature of the Village Headman] [Now these posts were abolished and in their place Village Administrative Officers are appointed.].[Signature of the Karnam] [Now these posts were abolished and in their place Village Administrative Officers are appointed.]. |
| Survey Number and sub-division | Classification | Extent (Acres) | Boundaries | Name of the persons to whom ryotwari patta is allowed | Section of the Tamil Nadu Act 24 of 1969 under whichpatta is proposed to be given |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Place:Date: | [Signature of the Village Headman] [Now these posts were abolished and in their place Village Administrative Officers are appointed.].[Signature of the Karnam] [Now these posts were abolished and in their place Village Administrative Officers are appointed.]. |
| Place:Date: | [Signature of the Village Headman] [Now these posts were abolished and in their place Village Administrative Officers are appointed.].[Signature of the Karnam] [Now these posts were abolished and in their place Village Administrative Officers are appointed.]. |
| District and Taluk | Name of Janmam Estate | Name of village | Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed | Entire extent of the survey Number or subdivision | Description of the land | ||||
| Occupied extent | Boundaries of land occupied North. East. Southand West | Classification | Nature of occupation | Name of occupant | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Tahsildar, | |
| Copy to the Revenue Inspectorfor eviction and report. | Firka. |
| 1. Name of the Janmam Estate. | |
| 2. Nature of the amount deposited (whethercompensation or Interim payment). | |
| 3. Amount deposited. | |
| 4. Date of original deposit with the Tribunal. | |
| 5. (1) Whether unclaimed or undisbursed ? | |
| (2) If undisbursed - | |
| (a) Number and date of the order in which the payment was orderedby the Tribunal or the Special Appellate Tribunal. | |
| (b)Name of the person, in whose favour the order for payment wasmade; and | |
| (c) Amount ordered for payment. (Rs. P.) | |
| 6. Remarks: |
| 1. Name of the applicant and full address. | |
| 2. Name of the janmam estate, to which the claimrelates. | |
| 3. Date and page of the District Gazette, inwhich the notification regarding the deposit of the amount withthe District Court was published. | |
| 4. (a) Nature of theamount in deposit (whether compensation or interim payment).(b) Whether the application is in respect of unclaimed amount orundisbursed amount. | |
| 5. Nature of interest held. | |
| 6. Details of claim and the provision of lawunder which the applicant is entitled to the amount held indeposit. | |
| 7. The amount claimed out of the total amountdeposited in the District Court by the Tribunal. | |
| 8. Reasons for the delay in preferring the,application, if any. | |
| 9. In the case ofundisbursed amounts, particulars of orders passed by theTribunal, the Special Appellate Tribunal in respect of which anapplication for payment under section 44 should have beenprepared.(i) Number and date of order of Tribunal or Special AppellateTribunal.(ii) Nature of the amount (compensation or interim payment),(iii) Amount ordered for payment.(iv) Name of the person in whose favour an order of payment waspassed.(v) Remarks. | (Rs. P.) |
| 10. Is the original or a certified copy of theorder of the Tribunal or Special Appellate Tribunal enclosed? | |
| 11. Summary of the evidence proposed to beadduced in support of the claim. | |
| 12. Any other information relevant to thisapplication. |
| Place:Date: | Signature of the applicant |
| 1. Name of the Janmam Estate | ||||
| 2. Name and address of the transferor | ||||
| 3. Local Name, if of the transferee | ||||
| 4. Nature of the transfer - | ||||
| (a) Whether by way of transfer falling under section 50(1) of theAct | ||||
| (b) Whether by succession falling under section 50(2) of the Act | ||||
| 5. The particulars of land involved in thetransfer: | ||||
| Serial Number | Survey Number orsub-division No. | Extent | Assessment of thefield | Classification of theland |
| 1 | 2 | 3 | 4 | 5 |
| 6. Particulars of documents evidencing suchtransfer or succession | ||||
| 7. Remarks |
| Place:Date: | Signature of transferor.Signature of transferee. |
| 1 | Name of the applicant and his address. | |
| 2 | Name of the janmam estate in which the land orforest in dispute lies. | |
| 3 | Local Name, if any, of the land or forest indispute. | |
| 4 | Extent. | |
| 5 | Nature of the dispute' and relief sought. |
| Place:Date: | Signature of the applicant. |
| Place:Date: | (Seal) | Settlement Officer. |
| Place:Date: | (Seal) | Director of Settlements. |
| Place:Date: | (Seal) | Commissioner, Land Administration. |