State of Tamilnadu- Act
Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965
TAMILNADU
India
India
Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965
Act 163 of 1965
- Published on 10 February 1965
- Commenced on 10 February 1965
- [This is the version of this document from 10 February 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These Rules may be called the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965.2. Definitions.
- In these Rules, unless the context otherwise requires,-3. Recognition as landholder for purposes of Explanation II to section 2(8).
4. Procedure for taking possession of an inam estate.
5. Procedure for taking possession of land in an inam estate.
6. Period within which appeal against an order under proviso to section 3(d) can be filed.
- Every appeal against an order under the proviso to clause (d) of section 3 deciding the question whether a ryot or a landholder is to be dispossessed or not, shall be preferred within thirty days from the date of communication of such order or within such further time as the appellate authority may, in its discretion, allow.7. Revision petition to the Director of Settlement.
8. Revision petition to 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.].
9. Enquiry into claims under section 9,10,11 or 14.
10. Appeal to the Tribunal.
11. Eviction of occupant 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 [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.] decides that no one is actually entitled to ryotwari patta in respect of a land, the Manager shall serve on the occupant of any such land a notice in Form No. 9. The Manager 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 5: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 [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.], as the case may be, that he is not entitled to ryotwari patta in respect of the land in his occupation and that he will surrender possession of it to the Government if it is not assigned to him under the darkhast rules, his petition being treated as his darkhast application, he need not be evicted. The Manager may allow the occupation in such cases to continue, subject to the payment of assessment on the land as determined under section 21, 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 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. Assessment of value of buildings.
- The value of a building, for the purposes of sub-section (3) of section 15, shall be assessed in the following manner:-14. Procedure to be followed in cases falling under section 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 sections 15,16,17 or 18, as the case may be, to remain in occupation of the land.15. Landholder to furnish accounts of arrears of rent.
- Every landholder of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) shall, not later than one month from the notified date, submit to the Manager of the inam estate, correct and true accounts of the arrears of rent, which were outstanding in the notified date in respect of every holding on the inam estate. [As amended by G.O. Ms. No. 923, Revenue, dated the 19th May 1967],16. Procedure to be adopted if the landholder of an existing inam estate does not furnish accounts regarding arrears of rent.
- If the landholder of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) does not furnish the particulars, as required in rule 15, the Manager of the inam estate shall serve a notice on him to the effect that if he does not furnish the particulars within a specified time, it will be assumed that there are no arrears of rent to be collected by the Government on his behalf. In the following cases, namely:-17. Determination of rent in cases falling under section 21(a)(ii).
- In cases falling under sub-clause (ii) of clause (a) of section 21 where the rent, which would have been payable to the landholder in respect of the fasli year in which the inam estate is notified is in kind or is a share of the produce, the quantity of such rent shall be determined by the District Collector or any officer authorized by him, on local enquiries and with reference to village accounts.18. Commutation of rent into cash.
- The rent so determined shall be commuted into cash in accordance with the prices notified by 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.] and prevailing on the date on which the land revenue became payable:Provided that, where no such price has been notified, the rent shall be commuted in accordance with the price, which the District Collector may, after making such local enquiry as he deems fit, fix as the price prevailing on the date on which the land revenue became payable.19. Evidence of payment of rent to landholder.
- Every payment of rent made by a ryot to the landholder, before the notified date in respect of the fasli year in which the inam estate is notified shall, for the purpose of the first proviso to clause (a) of section 21, be authenticated as hereunder:-20. Determination of appropriate assessment.
21. Computation of net miscellaneous revenue.
- For the purpose of determining the net annual miscellaneous revenue referred to in section 27, the following deductions shall be made from the gross annual miscellaneous revenue:-22. Manner in which quantity of anything deliverable in kind annually by the landholder of other inam estate should be ascertained.
- The quantity of anything deliverable in kind annually to the landholder of an inam estate by the landholder of some other inam estate, in addition to the jodi, kattubadi or other amount of a like nature payable in cash, shall be ascertained with reference to custom or documentary evidence available. For the purposes of commutation of the value of such quantity into cash, the taluk price tables (wholesale prices) for the time of the year, when payment was normally due or, if that was not specified, for the time of the year when the jodi, kattubadi or other amount of a like nature was payable, shall be adopted.23. Procedure to calculate tasdik allowance to institution and compensation and interim payment to service-holder.
- The following procedure shall be adopted for calculating the tasdik allowance payable under clause (b) of sub-section (1) of section 32 to any religious, educational or charitable institution and the compensation and interim payment payable under sub-section (2) of section 33, to any service-holder, in respect of a part of an inam estate held by such institution or service holder, immediately before the notified date.24. Application for a copy of the data when to be made.
- An application for a copy of the data, on the basis of which the Director of Settlements proposes to determine the basic annual sum, shall be made by the landholder or other person interested within two months from such date as may be notified by the Director of Settlements in this behalf.25. Form of payment of compensation.
- The compensation payable in respect of every inam estate shall be paid in full either in cash or in bonds or partly in cash and partly in bonds issued by the Government.26. Payment of compensation in instalments.
- In the case of an inam estate not held immediately before the notified date by a religious, educational or charitable institution-27. Period within which compensation need be paid.
- The compensation in respect of an inam estate shall be paid not later than nine months from the date on which the settlement operations in respect of the inam estate are completed or where the date is earlier than the date of expiry of the period of fasli years referred to in section 27, 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 34, 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 36 and 45 may withdrawn at any time and as soon as may be after the said alteration.28. Apportionment of compensation and interim payment.
29. Payment of tasdik allowance or interim amounts.
- The amount payable to any religious, educational or charitable institution under section 32 or 49 of the Act shall be paid to the trustee, manager or other person in charge of the institution already on the records. Before making the payment, the Collector may, if he thinks it necessary, and shall, if the claim for the management of the institution or the right to receive payment of the amount on behalf of the institution is in dispute, obtain an indemnity bond from the payee, the disputants being asked to establish their claim in a competent Court of law.30. Proposals for additional compensation to institutions to be submitted to Government.
| Income | Expenditure |
| (1) Rent on ryoti lands in the occupation ofryots. | (1) Administrative charges. |
| (2) Miscellaneous terms of revenue | (2) Cess payable for the whole inam estates orpart thereof, as the case may be, by landholder. |
| (3) Jodi or like amounts, if any, payable to thelandholder of some other inam estate. | |
| (4) Jodi or like amounts, if any, payable to theGovernment. |
31. Poruppu, etc., payable to darmila inamdar to be taken into account in the calculation of basic annual sum.
- In the calculation of the basic annual sum under section 24, of an inam estate or part thereof falling under section 32, the poruppu or other amount, if any, of a like nature (excluding local cesses and taxes), payable annually by any darmila inamdar to the institution immediately before the notified date shall be added to the sums specified in section 25 for the institution and deducted under section 28 in determining the compensationpayable to the darmila grantee:Provided that the amount deducted shall, in no case, exceed one half of the aggregate of the net amount computed in accordance with section 26 in respect of the darmila portion.32. Manner of payment.
33. Investing money received by a religious institution in securities.
- Any sum received by a religious institution under sub-section (5) of section 33 shall be invested by the institution in any one of the securities specified in the Appendix to Chapter IV of Part II of the Civil Rules of Practice and Circular Orders (Volume I).34. Procedure in regard to service inams.
- If any service-holder entitled to a ryotwari patta under section 9 in respect of any land desires either to continue to render the service or to get himself discharged from his liability to render the service, he shall exercise his option referred to in sub-section (8) of section 33 in Form No. 12 not later than the expiry of a period of six months from the date on which he was granted ryotwari patta.35. Procedure for determining fair rent.
36. Enquiry under section 33(11).
37. Communication of orders determining basic annual sum and total compensation.
- The Director of Settlements shall communicate every order passed under sub-section (1) of sections 34 to every landholder concerned and also to every applicant under sub-section (2) of section 34 in the manner specified below:-38. Appeal to the Special Appellate Tribunal.
39. Deposit in District Court of unclaimed and undisbursed amounts deposited with the Tribunal.
40. 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. 19.41. Levy of process fees, award of costs, etc.
- In respect of levy of process fees, award of costs including costs by way of compensation for frivolous or vexatious claims or defence, pleader's fee and witness batta, the District Court shall follow the rules, as applicable to the Tribunal.42. 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).43. Investing in securities money due to a person under disability.
- In cases where the Tribunal does not order the payment of compensation or any other money to any person on behalf of another under disability or to a guardian on behalf of a minor, the Tribunal shall invest the money in any one of the securities specified in the Appendix to Chapter IV of Part II of the Civil Rules of Practice and Circular Orders (Volume I).44. Procedure for payment of arrears of rent of landholder.
- The Manager of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) shall, from time to time and in accordance with the instructions issued by the [Board of Revenue], submit proposals to the Collector of the district in which the existing inam estate or the major portion thereof lies, for the payment to the landholder of the amount due to him from out of the collections made under sub-section (1) of section 56.45. Part-payment of arrears of rent to landholder of an existing inam estate by the Collector or Personal Assistant to the Collector.
- The Collector or the Personal Assistant to the Collector may, at any time in a fasli year, pay to the landholder of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the Tamil Nadu Estate Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) an amount not exceeding one-half of what remains of the arrears of rent collected up to that time, after deducting there from the aggregate of the following items, namely:-46. Further payments of arrears of rent to the landholder of an existing inam estate.
- The Collector may submit to 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.], from time to time, proposals for further payments to be made to the landholder of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947). On receipt of the proposals, 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.] shall determine the amount that should be paid to the landholder out of the collections made and shall authorise the Collector to pay it. The amount so ordered to be paid shall not exceed the balance of the collections after deducting therefrom -47. Final payment of arrears of rent to landholder.
- If all the amounts due from the ryot in an inam estate in respect of which the rate or rent has been determined before the notified date under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) had been collected, the Board of Revenue1 shall determine the amount payable to the landholder under subsection (1) of section 56 in full settlement of accounts, and the Collector shall arrange to pay the amount so determined, less any payments already made, in accordance with its instructions.48. Drawal of emoluments by person employed in the administration of inam estate.
- The persons employed in the administration of an inam estate shall be entitled to receive the same emoluments which they would have drawn, if the inam estate had not been notified until such time, as the Government may frame rules in this regard.49. Decision of questions regarding forest.
50. Appeal to Director of Settlements.
51. Award of costs.
52. Procedure to be adopted in the case of proceedings before the Judge of High Court.
- The provisions of Rule 50 and 51 shall, so far as may be, apply to the proceedings before a Judge of the High Court hearing a case under sub-section (2) of section 46.53. Mode of entertaining appeal or revision petition, enquiry thereof and grant of stay.
54. Time barred application, appeal or revision petition to be dismissed.
55. Extent or boundaries of land covered by orders of any authority under Act.
- The extent or 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 area and map plotting by the survey authorities.56. Transfer of proceedings.
57. Power to issue summons.
- Every Settlement Officer, Assistant Settlement Officer, Settlement Tahsildar, Manager and Assistant Manager of an inam estate, Taluk Officer and Assistant Taluk Officer working under a Manager of an inam estate and officer working under the Settlement Officer or the Assistant Settlement Officer, of and above the rank of Deputy Tahsildar, shall have power 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 summons. The form of summons shall be that used by Revenue Courts.58. Manner of service and publication of notices and orders under the Act or the rules.
59. Court-fees and process fees.
| Section | Description of documents | Court-fee Rs.P |
| (1) | (2) | (3) |
| 7(c) | Revision petition to the Board of Revenue1 | 200 |
| 12 | Application to the Settlement Officer | 075 |
| Appeal to the Tribunal | 200 | |
| Application to the Tribunal | 075 | |
| Vakalatnama to the Tribunal | 150 | |
| 34(6) | Appeal to the Board of Revenue | 200 |
| 46(1) | Memorandum of appeal to the Special AppellateTribunal--- | 1500 |
| (a) If the claim does not exceed Rs. 3,000 | ||
| (b) If the claim exceeds Rs.3,000, but does notexceed Rs.10,000 | 10000 | |
| (c) If the claim exceeds Rs. 10,000 | 50000 | |
| Interlocutory application to the SpecialAppellate Tribunal | 200 | |
| Vakalatnama to the Special Appellate Tribunal | 300 | |
| 51(3) | Application to the District Court --- | |
| (a) if the claim does not exceed Rs. 100 | 500 | |
| (b) if the claim exceeds Rs. 100 | 1000 | |
| 60 | Application to the Settlement Officer | 075 |
| Appeal to the Director of Settlements | 100 | |
| Revision petition to the Board of Revenue | 150 |
| Rs.P. | ||
| (1) | For service of notices of summons on a singleperson | 2.25 |
| (2) | For service of notices or summons on everyadditional person residing in the same village if applied for atthe same time [As amended by G. O. Ms. No. 1376,Revenue, datedthe 23rd March 1976.] | 1.15 |