State of Tamilnadu- Act
Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965
TAMILNADU
India
India
Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965
Rule TAMIL-NADU-MINOR-INAMS-ABOLITION-AND-CONVERSION-INTO-RYOTWARI-RULES-1965 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 Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965.2. Definitions.
- In these rules, unless the context otherwise requires, -3. Publication of notification regarding vesting of minor inams, etc., in Government.
- As soon as may be after the publication of the notification under sub-section (4) of section 1 in the [Fort St. George Gazette] [Now Tamil Nadu Government Gazette.], the Assistant Settlement Officer shall cause to be published in the village concerned a copy of the notification as so published, together with the following particulars, namely : -4. Procedure for taking possession of minor inam.
5. Procedure for taking possession of land in a minor inam.
6. Period within which appeal against an order under the 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 person is prima facie entitled to a ryotwari patta in respect of a land or not, shall be preferred within thirty days from the date of such order or within such further time, as the appellate authority may, in its discretion, allow.7. Revision petition to the Settlement Officer.
- Every petition under sub-section (2) of section 5 for revision of the order, act or proceeding of an Assistant Settlement Officer shall be preferred to the Settlement Officer within thirty days from the date of communication of the order, or of the date of the Act complained of:Provided that the Settlement Officer may admit a petition preferred after the period aforesaid if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.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 the Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
- Every petition under clause (c) of section 6 for revision of the order, act or proceeding of the Settlement Officer shall be preferred to the Board of Revenue within sixty days from the date of communication of the order or of the date of the act complained of:Provided that 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 the Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may admit a petition preferred after the expiry of the period aforesaid, if it is satisfied that the petitioner had sufficient reason for not preferring the petition within the said period.9. Enquiry into claims for ryotwari patta under section 8 or 9.
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 11.
- In cases in which the Assistant Settlement Officer, the Tribunal or the Special Appellate Tribunal decides that the occupant of an inam land is not actually entitled to ryotwari patta in respect of it, the Tahsildar shall serve on the occupant a notice in Form No. 10. The Tahsildar shall also take such further steps as are necessary to evict the occupant. Any such eviction shall be carried out in accordance with the provisions of sub-rule (5) of rule 5:Provided that if the occupation is unobjectionable and if the occupant states, in writing that he accepts the decision of the Assistant Settlement Officer, the Tribunal or the Special Appellate Tribunal, as the case maybe, that he is not entitled to ryotwari patta in respect of the land and that he will surrender actual possession of it to the Government forthwith if the land is not assigned to him under the darkhast rules, his petition being treated as his darkhast application is such cases to continue, subject to the payment of assessment of the land under section 12, until orders are passed on the darkhast application or until the land is required by the Government for any purpose, whichever is earlier.12. Unauthorised occupant of land to be proceeded against under 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. Eviction of occupants of buildings vesting in other persons.
- The provisions of rule 11 shall apply muratis mutanuis to cases of eviction of the occupant of any building which vests under section 13 in other persons.14. Authority to fix land revenue under section 12(1).
- The land revenue payable under sub-section (1) of section 12 shall be fixed by the Tahsildar.15. Computation of net miscellaneous revenue.
- For the purpose of determining the net annual miscellaneous revenue referred to in section 19, ten per cent of the gross annual miscellaneous revenue shall be deducted.16. Procedure in regard to service inams.
- The option referred to in sub-section (3) of section 21 shall be in Form No. 11. It shall be exercised within six months from the date on which he was granted ryotwari patta.17. Procedure in respect of payments to institutions.
- The amounts payable to any religious, educational or charitable institution under sub-section (4) of section 8 and sub-section (4) of section 20 shall be paid to the trustee or manager or other person in charge of the institution already on the records by the District Collector. Before making the payment, the District Collector, may, if he thinks it necessary, and shall, if the claim for the management of the institution on 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.18. Mode of payment.
19. Enquiry under sections 21(6)(b) and 21(7)(b).
20. Application for a copy of the date when to be made.
- An application for a copy of the date on the basis of which the Settlement Officer proposes to determine the tasdik allowance or the compensation shall be made by the inamdar or other person interested, within two months, from such date as may be notified by the Settlement Officer in this behalf.21. Communication of orders.
22. Apportionment of compensation and interim payment.
23. Appeal to the Special Appellate Tribunal.
24. Award of costs.
25. Procedure to be adopted in the case of proceedings before a Judge of High Court.
- The provisions of rules 25 and 26 shall apply to the proceedings before a Judge of the High Court hearing a case under sub-section (2) of section 30, as they apply in relation to the proceedings before the Special Appellate Tribunal.26. Mode of entertaining appeal or revision petition, enquiry thereon and grant of interim stay.
27. Time barred application, appeal or revision petition to be dismissed.
- Section 5 of the Limitation Act, 1963 (Central Act 36 of 1963) shall not apply to the applications, appeals or revision petitions coming under the purview of these rules. Subject to the provisions of the Act and these rules, every application made and every appeal and revision petition filed to the authorities or officers having jurisdiction under the Act and these rules, after the period of limitation prescribed therefor in the Act and these rules, shall be dismissed, although limitation has not been set up as a defence.28. Deposit in District Court of unclaimed and undisbursed amounts deposited with the Tribunals.
29. 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. 20.30. 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 claims or vexatious claims or defence, pleaders fee and witness batta, the District Court shall follow the rules as applicable to the Tribunal.31. 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 in Part I of the Civil Rules of Practice and Circular Orders (Volume II).32. Decision of questions regarding forest.
33. Procedure for determination of fair rent.
34. 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, the Tribunal shall invest the money in any one of the securities specified in the Appendix to Chapter IV, Part II of the Civil Rules of Practice and Circular Orders (Volume I).35. 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 any plotting by the survey authorities.36. Transfer of proceedings.
- The proceedings pending before any Tribunal, authority or officer may be transferred to any other Tribunal, authority or officer, as the case maybe, by the authority to whom appeal or revision petition lies against the decision of such Tribunal, authority or officer, or where there is no such appellate or revisional authority, by the Government.37. Power to issue summons.
- Every Assistant Settlement Officer or Settlement 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 Court.38. Manner of service and publication of notices and orders under the Act or the rules.
39. Court-fees and process-fees payable.
| Section | Description of documents | Court-fee |
| (1) | (2) | (3) |
| 6(c) | Revision to the Board of Revenue | 2.00 |
| 11 | Application to the Assistant Settlement Officer | 0.75 |
| Appeal to the Tribunal | 2.00 | |
| Application to the Tribunal | 0.75 | |
| Vakalatnama to the Tribunal | 1.50 | |
| 22(6) | Appeal to the Board of Revenue | 2.00 |
| 30(1) | Memo, of appeal to the Special AppellateTribunal -(a) if the claim does not exceed Rs.3,000 | 15.00 |
| (b) if the claim exceeds Rs. 3,000, but is lessthan Rs. 10,000 | 100.00 | |
| (c) if the claim is Rs. 10,000 or more | 500.00 | |
| Interlocutory application to the SpecialAppellate Tribunal | 2.00 | |
| Vakalatnama to the Special Appellate Tribunal | 3.00 | |
| 35(3) | Application to the District Court - (a) if theclaim does not exceed Rs.100 | 5.00 |
| (b) if the claim exceeds Rs.100 | 10.00 | |
| 40 | Applicant to the Assistant Settlement Officer | 0.75 |
| Appeal to the Settlement Officer | 1.00 | |
| Revision petition to the Board of Revenue | 1.50 |
| 1 | For service of notices or summons on a singleperson. | 0.50 |
| 2 | For service of notices or summons on everyadditional person residing in the same village if applied for atthe same time. | 0.75 |