Section 39 in Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948
39. [ Determination of basic annual sum and of total compensation. [Any amount of compensation determined under this Act for an estate as a whole before the commencement of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1974 (Tamil Nadu Act 49 of 1974), viz., 11th November 1974, shall be re-determined in accordance with the provisions of this Act as amended by the said Amending Act.]
(1)The Director shall determine in accordance with such of the foregoing provisions as may be applicable to the estate -(a)the basic annual sum in respect thereof; and(b)except in the case governed by section 38, also the total compensation payable in respect of the estate.(2)Any landholder or other person interested may, within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum.(3)On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under subsection (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally.(4)A copy of every order passed under sub-section (1) shall be communicated to every landholder concerned, and also to every applicant under sub-section (2).[(4-a) (i) The Director may, at any time either suo motu or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely: -(1)that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record, or(2)that subsequent to the passing of the said order, data for the better calculation of the basic annual sum have become available, or(3)that the said order requires to be modified in pursuance of the final order of any competent authority or Court:Provided that the Director shall not exercise his powers under this subsection in respect of any estate, without giving every landholder concerned, and every applicant under this sub-section and sub-section (2), a reasonable opportunity of being heard.](ii)A copy of every order passed under this sub-section shall be communicated to the [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.], and also to every landholder concerned, and every applicant under this sub-section and sub-section (2).](5)Any person deeming himself aggrieved by an order made [under sub-section (1) or sub-section (4-a)] [Substituted for 'under sub-section (1)' by section 2(6) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1961 (Tamil Nadu Act 18 of 1961).] may, within three months from the date of the order or such further time as the Board may in its discretion allow, appeal to the [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.]; and the Board shall, after giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as it thinks fit.(6)The [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may also in its discretion, at any time either suo motu or on the application of any person, call for and examine the record of any order passed, or proceeding taken, by the Director under this section, for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit:Provided that the basic annual sum or the total compensation payable in respect of any estate shall not be altered by the Board without giving every landholder concerned and every person who has made an application under sub-section (2), a reasonable opportunity of being heard.[(6-A) Notwithstanding anything contained in sub-section (5) or sub-section (6), the [Board of Revenue] [This sub-section was inserted by section 13 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1956 (Tamil Nadu Act XLIV of 1956).] may, on application made to it by the Director or by any other person in that behalf, review any order passed by it under sub-section (5) or sub-section (6) if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by a mistake and may make such order on the application as it thinks fit:Provided that no application for review shall be granted by the [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.] without previous notice to every landholder concerned, and the applicant, to enable them to appear and be heard in support of the order a review of which is applied for.](7)No order passed by the Director [under sub-section (1) or subsection (4-a)] [Substituted for 'under sub-section (1)' by section 2(b) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1961 (Tamil Nadu Act 18 of 1961).] shall be liable to be cancelled or modified except by the [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.] as aforesaid or to be questioned in any Court of Law and no order passed by the [Board of Revenue] [The Board of Revenue was abolished. Now, Commissioner of Land Administration vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.] [under sub-section (5), (6) or (6-A)] [Substituted for 'under sub-section (1)' by section 2(b) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1961 (Tamil Nadu Act 18 of 1961).] shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of
