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State of Tamilnadu - Section

Section 41 in Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974

41. Fees to pleaders.

- The following principles shall be adopted in fixing the fees to pleaders for work connected with the proceedings under the Act before the Special Appellate Tribunal and the Tribunal:-
(1)Fees payable to pleaders for appearance before the Special Appellate Tribunal. - The Special Appellate Tribunal shall, for taxation, fix the fees payable to pleaders, for work connected with the proceedings before it, in the same manner in which the High Court fixes advocate's fee for taxation in appeals against the orders of lower Courts, irrespective of the fact whether it allows costs to any of the contesting parties or not:Provided that in respect of a batch of connected cases, in which the results are determined by a single case, only one regulation fee shall be fixed.
(2)Fees payable to pleaders for appearance before the Tribunal. -
(a)The Tribunal shall fix the fees payable to pleaders for work connected with the following original proceedings before them so as not to exceed 500 in ordinary cases and Rs. 1,000 in important cases;
(i)Proceedings connected with the apportionment of compensation under section 34;
(ii)Proceedings connected with the apportionment of interim payment under sub-section (4) of section 40;
(iii)Proceedings connected with the division of the lands in respect of which a ryotwari patta has to be granted under section 37:
Provided that in respect of a batch of connected cases in which the result is determined by a single case, only one regulation fee shall be fixed.
(b)
(i)The Tribunal shall fix the fees payable to Pleaders for work connected with proceedings under the other provisions of the Act on the following basis, namely: -
(1)for appearance before the Tribunal and for preparation of the case- A fixed fee of Rs. 15 for each case in respect of appeals under sub-section (3) of section 12.
(2)for appearance before the Tribunal for arguments in respect of appeals under sub-section (3) of section 12 -
(a)if the time taken does not exceed 3 hours, a fixed fee of Rs. 15 for each case;
(b)if the time taken exceeds three hours, but does not exceed 6 hours, a fixed fee of Rs. 30 for each case; and
(c)if the time taken exceeds 6 hours, a fixed fee of Rs. 50 for each case:
Provided that in respect of a batch of connected cases under sub-section (3) of section 12, in which the result is determined by a single case, the Tribunal shall fix one regulation fee only.
(ii)The Tribunal shall fix the fees payable to each of the Pleaders, by its orders irrespective of the fact whether it allows any costs to any of the contesting parties or not.
(3)Fees to Law Officers before the Special Appellate Tribunal. - The Special Appellate Tribunal shall fix the Advocates' fee for taxation in the same manner in which the High Court does in the case of appeals against the orders of the lower Courts.The Special Appellate Tribunal shall fix the fee payable to the pleaders in each case in its order irrespective of the fact whether it allows costs or not.Form No. 1[See rule 4(3) (a) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974]Office of the Tahsildar ofGudalur TalukDateCurrent No............................ToThiru...........residing at.........village...........taluk.Whereas you are reported to be in occupation-of the land specified in the Schedule hereunder which Vests in the Government under section 3(b) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969) and whereas there are grounds to believe that you are not prima facie entitled to a ryotwari patta in respect of the said land and that your occupation is objectionable, you are hereby given notice that if you so desire, you may appear before me on [(date)] [The date should be at least seven days after the date of service of the notice.] at ..........(time) at......(place), or show cause, in writing before that date, why you should not be dispossessed of the said land under the proviso to section 3(d) of the said Act.Tahsildar.The Schedule
District and Taluk Name of Janmam Estate Name of village Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed Entire extent of the survey Number or subdivision Description of the land
Occupied extent Boundaries of land occupied North. East. Southand West Classification Nature of occupation Name of occupant
1 2 3 4 5 6 7 8 9 10
                   
Tahsildar.Form No. 2[See rule 4(3)(b) of the Gudalur Janrnam Estates (Abolition and Conversion into Ryotwari) Rules, 1974]Proceedings of the Tahsildar of Gudalur Taluk
No ......................... Date .............................
Whereas the land specified in the Schedule hereunder has been under the occupation of Thiru.........residing at.........And Whereas in pursuance of rule 4(3)(b) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974.1,......, Tahsildar of Gudalur Taluk do hereby consider that the said occupant is not prima facie entitled to a ryotwari patta in respect of the said land; andAnd Whereas I Tahsildar of Gudalur Taluk consider that the occupation is ............. objectionable, the said occupant will be dispossessed of the said land after the lapse of the time limit in rule 4(3)(c).The Schedule
District and Taluk Name of Janmam Estate Name of village Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed Entire extent of the survey Number or subdivision Description of the land
Occupied extent Boundaries of land occupied North. East. Southand West Classification Nature of occupation Name of occupant
1 2 3 4 5 6 7 8 9 10
                   
Tahsildar.Form No. 3[See rule 4(4) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974]Proceedings of the Tahsildar of Gudalur Taluk
No. .............. Date ......................
Whereas the land specified in the Schedule hereunder has been under the occupation of Thiru ............................. residing at .................................;And Whereas in pursuance of rule 4(4) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974. I, ................................., Tahsildar of Gudalur Taluk do hereby declare that the said occupant, namely, Thiru ...........is not primafacie entitled to a ryotwari patta in respect of the said land;And Whereas I, ....................................the Tahsildar of Gudhlur taluk consider that the occupation is not objectionable, the occupant Thiru will be allowed to be in occupation of the land, subject to the payment of assessment on the land, until the ryotwari settlement of the land under section 20 or until the land is inquired by the Government for any purpose, whichever is earlier.Explanation. - The payment of the assessment shall not confer on the occupant any right of occupancy in respect of the land.The Schedule>
District and Taluk Name of Janmam Estate Name of village Survey No. and subdivision Number, if surveyed orlocal name, if unsurveyed Entire extent of the survey Number or subdivision Description of the land
Occupied extent Boundaries of land occupied North. East. Southand West Classification Nature of occupation Assessment Name of occupant
1 2 3 4 5 6 7 8 9 10 11
                     
Tahsildar.Form No. 4[See rule 8(1) of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974]Form of Application:Name of the Janmam Estate:Name of the Janmi/tenant/cultivator:Address of the Janmi/tenant/cultivator:(List of lands in respect of which the janmi /tenant/cultivator claims ryotwari patta)-