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Madras Presidency - Section

Section 185A in Madras Estates Land Act, 1908

185A. [ Declaration of kudivaram interest of inamdar. [Section 185-A and 185-B were inserted by section 9 of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936).]

(1)In the case of an inam village which was not an estate before the commencement of the [Tamil Nadu] Estates Land (Third Amendment) Act, 1936 ([Tamil Nadu] [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.] Act XVIII of 1936), but became an estate by virtue of that Act, in respect of any land which does not fall under any of the categories referred to in paragraphs (i) to (iv) of sub-clause (b) of clause (10) of section 3 or under the category referred to in subsection (4) or sub-section (5) of section 8, the landholder may [within three years] [Substituted for the words 'within two years ' by section 2 of the Madras Estates Land (Amendment) Act, 1938 (Madras Act XII of 1938).] of the date of the commencement of the [Tamil Nadu] [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.] Estates Land (Third Amendment) Act, 1936 ([Tamil Nadu] [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.] Act XVIII of 1936), lodge an application, in such manner as may be notified by the State Government, for a declaration by a Special Tribunal constituted as hereinafter provided that the kudivaram in such land was vested in him on the 1st day of November 1933 and he has retained it ever since.
(2)
(a)A Special Tribunal or Special Tribunals shall, from time to time, as occasion may arise, be constituted to hear and dispose of applications of the nature specified in sub-section (1).
(b)Every such Tribunal shall consist of three members chosen by the State Government one of whom shall be a Judicial Officer eligible for appointment as a Judge of the High Court; and another shall be an experienced Revenue Officer. The State Government shall appoint one of the members of the Tribunal as the President thereof.
(c)Clauses (i) and (ii) of the second proviso to section 185 shall apply to proceedings under this section.
(d)Any order under this sub-section passed by a Special Tribunal or by a majority of the members thereof shall be final and shall not be liable to be questioned in any Court of law.
(3)[ In the case of an estate within the meaning of sub-clause (d) of clause (2) of section 3 read with Explanation 1 to that sub-clause, the provisions of this section shall have effect as if for the expression "three years of the date of the commencement of the [Tamil Nadu] [Added by section 3 of the Madras Estates Land (Amendment) Act, 1945 (Madras Act II of 1945), re-enacted permanently by section 2 of, and the First Schedule to, the Madras Re-enacting (No. II) Act, 1948 (Madras Act VIII of 1948).] Estates Land (Third Amendment) Act, 1936 ([Tamil Nadu] [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.] Act III of 1936)" in sub-section (1), the expression "one year of the date of the commencement of the [Tamil Nadu] [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.] Estates Land (Amendment) Act, 1945 ([Tamil Nadu] [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.] Act II of 1945)" had been substituted:]Provided that this sub-section shall not entitle a landholder to lodge an application under sub-section (1) read with this sub-section, if he had previously lodged an application in respect of the same land and such application was heard and disposed of on its merits by a Special Tribunal.
(4)[ Any order (including an order for costs) passed by a Special Tribunal, whether before or after the commencement of the [Tamil Nadu] [Added by section 2 of the Madras Estates Land (Second Amendment). Act, 1945 (Madras Act XIV of 1945), re-enacted permanently by section 2 of, and the First Schedule to the Madras Re-enacting (No. II) Act, 1948 (Madras Act VIII of 1948).] Estates Land (Second Amendment) Act, 1945 ([Tamil Nadu] [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.] Act XIV of 1945), shall, on application by the party concerned, be executed by the Collector within whose jurisdiction the land to which the order relates is situated as if it were an order passed by him in a suit under this Act:]Provided that in computing the period of limitation for any such application in respect of an order passed before the commencement of the [Tamil Nadu] [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.] Estates Land (Second Amendment) Act, 1945 ([Tamil Nadu] [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.] Act XIV of 1945), the period between the date on which the Special Tribunal was dissolved and the date of such commencement shall be excluded.