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State of Tamilnadu - Section

Section 33 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

33. Inam estates or part thereof held by service-holder how dealt with.

(1)Where an inam estate or part thereof was held immediately before the notified date by an individual (hereinafter in this section referred to as the service-holder) on condition of rendering service to a religious institution, the individual shall, subject to the provisions of sub-section (8), be bound to render such service after the notified date.
(2)The compensation and interim payment payable under this Act in respect of part of an inam estate referred to in sub-section (1) shall be such portion of the compensation or interim payment, as the case may be, payable for the inam estate as may, on a calculation in the prescribed manner, be ascribed to that part.
(3)The Government shall deposit in the office of the Tribunal the compensation and interim payment payable under this Act in respect of the said estate or part thereof:Provided that the Government shall be entitled to deduct from the amount to be deposited all moneys, if any, due to them in respect of the said estate or part thereof.
(4)On the making of the deposit under sub-section (3), the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the compensation payable under this Act.
(5)In respect of any inam estate or part thereof referred to in sub-section (1), such amount as the Tribunal may adjudge as the sum payable to the service-holder out of the compensation or interim payments deposited under sub-section (3) shall, notwithstanding anything contained in this Act, be paid by the Tribunal to the religious institution concerned.
(6)Any sum received by a religious institution under sub-section (5) shall be invested by the institution in securities in the prescribed manner, for the sole benefit of the service concerned.
(7)For so long as the service-holder renders the service, the religious institution concerned shall pay the service-holder every year-
(i)the income accruing from the investment made under sub-section (6); and
(ii)the amount received by the institution in respect of the interim payment for the year.
(8)
(i)Where a service-holder is entitled to a ryotwari patta under section 9 in respect of any land, he shall have the option-
(a)either to pay to the religious institution the amount specified in subsection (9) and on such payment the land shall, notwithstanding anything contained in sub-section (11), be discharged from the condition of the service; or
(b)to hold the land and continue to render service subject to the provisions contained in sub-sections (1) to (7) and (11).
(ii)the option referred to in clause (i) shall he exercised within such period from the notified date and in such manner as may be prescribed.
(9)The amount referred to in sub-section (8) shall be twenty times the difference between the fair rent in respect of such land determined in accordance with the provisions contained in Schedule II and the land revenue due on such land.
(10)Where the service-holder has exercised his option to pay the amount specified in sub-section (9), the investment made under sub-section (6) and the interim payments, if any, received by the institution for. the period subsequent to the date of exercise of such option, shall be the absolute property of the institution and the institution shall be at liberty to make such arrangement as it thinks fit for the performance of the service.
(11)If the service-holder fails to render the service, the prescribed authority shall, after such enquiry and notice to the service-holder as may be prescribed in this behalf, notify such failure in such manner as may be prescribed. He shall, then, declare that the investment made under sub-section (6) and the interim payments, if any, received by the institution for the period subsequent to the date of default by the service-holder and the land for which the service-holder was granted ryotwari patta in accordance with the provisions of section 9 shall be the absolute property of the institution and the institution shall be at liberty to make such arrangement as it thinks fit for the performance of the service.Explanation I. - For the purposes of this section "individual" means the person who would have held the inam estate or part thereof if it had not vested in the Government under this Act.Explanation II. - For the purposes of this section,-
(i)service-holder includes his heirs;
(ii)non-performance of the service due to illness or other temporary disability shall not be deemed to be failure to render service, provided that the service-holder makes alternative arrangements for rendering the service during the period of such illness or of other temporary disability.
Explanation III. - For the purposes of sub-section (9) "land revenue" means the ryotwari assessment including the additional assessment, water-cess and additional water-cess.Determination of Basic Annual Sum and Total Compensation