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State of Tamilnadu - Section

Section 29 in Gudalur Janmam Estates (Abolition and Conversion Into Ryotwari) Act, 1969

29. Determination of basic annual sum and compensation.

(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.
(2)The janmi 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 to 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 thereto, in writing or orally.
(4)A copy of every order passed under sub-section (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 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 subsection in respect of any janmam estate, without giving the janmi concerned and every applicant under this sub-section and sub-section (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 person deeming himself aggrieved by an order made under sub-section (1) or sub-section (5), may, within one month from the date of the order or such further time as the Board of Revenue may, in its discretion allow, appeal to the Board of Revenue and the Board shall, after giving the appellant a reasonable opportunity of being heard, pass such orders on the appeal as it thinks fit.
(7)The 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 janman 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 subsection (2) a reasonable opportunity of being heard.
(8)Notwithstanding anything contained in sub-section (6) or sub-section (7), the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may, on application made to it 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 of law or by a mistake, and may make such order on the application as it thinks fit:Provided that no application for review shall be granted 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 passed 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 be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of law.