Section 2 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)"agriculture", with its grammatical variations and cognate expressions, shall include horticulture;(2)"Director" means the Director of Settlements appointed under section 4;(3)"Estates Land Act" means the [Tamil Nadu] [Substituted for '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 Act, 1908 ([Tamil Nadu] [Substituted for 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act I of 1908);(4)"existing inam estate" means an inam village which became an estate by virtue of the [Tamil Nadu] [Substituted for '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 '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);(5)"Government" means the State Government;(6)"impartible inam estate" means an inam estate governed immediately before the notified date, by the Tamil Nadu Impartible Estates Act, 1904 ([Tamil Nadu] [Substituted for '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 1904);(7)"inam estate" means an existing inam estate or a new inam estate;(8)"landholder"-(i)in relation to an existing inam estate shall have the same meaning as in clause (5) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean a person owning a new inam estate or part thereof and shall include every person entitled to collect the rents of the whole or any portion of the new inam estate by virtue of any transfer from the owner or his predecessor-in-title or of any order of a competent Court or of any provision of law.Explanation I. - For the purposes of sub-clause (i) and sub-clause (ii) of this clause "landholder" shall include -(a)a joint Hindu family where the right to collect the rents of the whole or any portion of the inam estate vests in such family persons; and(b)a darmila inamdar other than a darmila inamdar governed by the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu Act XXVI of 1948).Explanation II. - For the purposes of sub-clause (ii), where there is a dispute between two or more persons as to which of them is the landholder for all or any of the purposes of this Act or between two or more joint landholders as to which of them is entitled to proceed and be dealt with as such landholder, the person who shall be deemed to be the landholder for such purposes shall be the person whom the Settlement Officer subject to any decree or order of a competent Civil Court may recognise or nominate as such landholder in accordance with rules to be framed by the Government in this behalf;(9)"new inam estate" means a part village inam estate or a Pudukkottai inam estate;(10)"notified date" in relation to the inam estate [other than a Pudukkottai inam estate specified in Schedule I-A] [Inserted by section 3(i) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969 (Tamil Nadu Act 23 of 1969).], means the date appointed by a notification issued under sub-section (4) of Section 1 as the date on which the provisions of this Act other than sections 2,4,5,7,8,56(3), 59,64 [73 and 75] [Substituted for the figures and word '73, 75 and 76' by section 3 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1968 (Tamil Nadu Act 21 of 1968).] shall come into force in regard to the inam estate, or where the operation of any such notification has been stayed or interrupted by order of Court or Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possession of the inam estate, and the word "notified" shall be constructed accordingly;[(10-A) "notified date" in relation to a Pudukkottai inam estate specified in Schedule I-A means the 15th February 1965: [Inserted by section 3(H) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969 (Tamil Nadu Act 23 of 1969).]Provided that in the case of any such Pudukkottai inam estate, the settlement of which is published under sub-section (2) of section 3 of the Pudukkottai (Settlement of Inams) Act, 1955 ([Tamil Nadu] Act XXIII of 1955), on a date subsequent to the 15th February 1965, "notified date" means such subsequent date:Provided further that where the operation of this Act other than Sections 2,4, 5, 7, 8, 56(3), 59,64,[73 and 75] [Substituted for the figures and word '73, 75 and 76' by section 3 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1968 (Tamil Nadu Act 21 of 1968).] has been stayed or interrupted by order of Court or Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possession of such inam estate shall be deemed to be the notified date;](11)"part village inam estate" means a part of a village (including a part of a village in the merged territory of Pudukkottai) [but not including such of the inam areas in the said territory as are specified in Schedule 1-A] [Inserted by section 3(iii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969 (Tamil Nadu Act 23 of 1969), which was deemed to have come into force on the 15th February 1965.] the grant of which part has been made, confirmed or recognised by the Government, notwithstanding that subsequent to the grant, such part has been partitioned among the grantees or the successors-in-title of the grantee or grantees.Explanation I. - (a) Where the grant of a part of a village as an inam is expressed to be a specified fraction of, or a specified number of shares in, a village, such part shall be deemed to be a part village inam estate notwithstanding that such grant refers also to the extent of such part in terms of acreage or caw-nies, or of other local equivalent.(b)Where a grant as an inam is expressed to be only in terms of acreage or caw-nies, or of other local equivalent, the area which forms the subject-matter of the grant shall not be deemed to be a part village inam estate.Explanation II. - A part of a village granted in inam shall be deemed to be a part village inam estate notwithstanding that different parts of such part village were granted, confirmed or recognised on different dates or by different title-deeds or in favour of different persons;(12)"principal landholder" means the person who held the inam estate immediately before the notified date; and (a) in the case of an inam estate held by a joint Hindu family immediately before that date means such joint family; and (b) in the case of an impartible inam estate means the person entitled to the possession of such estate immediately before that date;(13)"private land"-(i)in relation to an existing inam estate shall have the same meaning as in sub-clause (b) of clause (10) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean-(a)[ the domain or home-farm land of the landholder by whatever designation known, such as, kambattam, khas, sir or pannai; or] [['Kambattam ' is private land (AIR 1925 Mad 291 and AIR 1926 Mad 140)'Kims' is private land, where revenue is collected immediately, by Government without agency of Government. 'Sir - Lands cultivated by hereditary proprietors or zamindars themselves not being lease or farm cultivation. 'Pannai' - cultivated ground village.'Kudiwaram' - cultivator's share of the produce.'Melwaram' - Landlord's share of the produce (Courtesy - The Law Laxicon by P. Ramanatha Aiyer.).]](b)land which is proved to have been cultivated by the landholder himself, by his own servants or by hired labour, with his own or hired stock for a continuous period of twelve years immediately before the 1st day of April 1960, provided that the landholder has retained the kudiwaram ever since and has not converted the land into ryoti land; or(c)land the entire kudiwaram which was acquired by the landholder before the 1st day of April 1960 for valuable consideration from a person owning the kudiwaram, but not the melwaram, provided that the landholder has retained the kudiwaram ever since and has not converted the land into ryoti land and provided further that where the kudiwaram was acquired at a sale for arrears of rent, the land shall not be deemed to be private land unless it is proved to have been cultivated by the landholder himself, by his own servants or by hired labour, with his own or hired stock for a continuous period of twelve years since the acquisition of the land and before the 1st day of April 1960;(14)"Pudukkottai inam estate" means an inam village in the merged territory of Pudukkottai and specified in Schedule I [xxx] [The words 'and includes such other whole inam village in the said territory as the Government may, by notification, from time to time, specify' were omitted by section 2 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1965 (Tamil Nadu Act 11 of 1965).] [and includes such of the inam areas in the said territory as are specified in Schedule I-A] [This expression was added by section 3(iv) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969 (Tamil Nadu Act 23 of 1969), which was deemed to have come into force on the 15th February 1965.];(15)"rent"-(i)in relation to an existing inam estate shall have the same meaning as in clause (11) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean whatever is lawfully payable in money or in kind or in both to a landholder by a ryot for the use or occupation of land for the purpose of agriculture and shall include whatever is lawfully payable on account of water supplied by the landholder o taken without his permission for cultivation of land when the charge for water has not been consolidated with the charge for the use or occupation of the land, and shall include -(a)any local tax, cess, fee or sum lawfully payable to a landholder by a ryot as such in addition to the rent due according to law or usage having the force of law and also money recoverable under any enactment for the time being in force as if it was rent; and(b)sums lawfully payable to a landholder by a ryot as such on account of pasturage fees and fishery rents;(16)"ryot" -(i)in relation to an existing inam estate shall have the same meaning as in clause (15) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean a person who holds for the purpose of agriculture ryoti land in such estate on condition of paying to the landholder the rent which is legally due upon it.Explanation. - In relation to a new inam estate -(i)a person who has occupied ryoti land for a continuous period of twelve years immediately before the 1st day of April 1960 shall be deemed to be a ryot for all the purposes of this Act;(ii)a person unauthorisedly occupying ryoti land from whom the landholder received or recovered any payment for a continuous period of two years immediately before the 1st day of April 1960 shall be deemed to be a ryot for all the purposes of this Act unless within two years from the date of receipt or recovery of payment or the first of such payments, if more than one, the landholder has filed a suit in a Civil Court for ejectment against such person;(17)"ryoti land"-(i)in relation to an existing inam estate shall have the same meaning as in clause (16) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean cultivable land in such estate other than private land, but does not include -(a)beds and bunds of tanks and of supply, drainage, surplus or irrigation channels;(b)threshing floor, .cattle-stands, village sites and other lands situated in any new inam estate which are set apart for the common use of the villagers;(c)lands granted on service-tenure either free of rent or on favourable rates of rent granted before the passing of this Act so long as the service-tenure subsists;(18)"Settlement Officer" in relation to any inam estate or part of an inam estate, means the officer appointed therefor under sub-section (1) of section 5;(19)"Tribunal" means a Tribunal constituted under section 8 and having jurisdiction;(20)"village"-(i)in relation to an existing inam estate shall have the same meaning as in clause (19) of section 3 of the Estates Land Act; and(ii)in relation to a new inam estate shall mean any local area which is designated as a village in the revenue accounts and for which the revenue accounts are separately maintained by one or more [karnams] [Now this post was abolished and renamed as Village Administrative Officer.] or which is now recognised by the Government or may hereafter be declared by the Government for the purposes of this Act to be a village, and shall include any hamlet or hamlets which may be attached thereto.
