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State of Tamilnadu- Act

The Chennai City Land Revenue Act, 1851

TAMILNADU
India

The Chennai City Land Revenue Act, 1851

Act 12 of 1851

  • Published on 1 January 1851
  • Commenced on 1 January 1851
  • [This is the version of this document from 1 January 1851.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Chennai City Land Revenue Act, 1851Central Act No. 12 of 1851An Act for securing the Land-Revenue of [Chennai] [Substituted for the word 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.]Whereas it is expedient that the land-revenue, accruing due to [the Government] [According to the direction in the Adaptation Order of 1937, the words 'East India Company' should be changed into 'the Crown' and consequently the expression 'the East India Company' in the Act should read as 'the Crown'. The superfluous the 'in the expression the Crown' was omitted with effect from the 1st April 1937 by section 3(2) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951). The words 'the Government' were substituted for the words 'the Crown at Madras' by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955).] [within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at [Chennai] [Substituted for the words 'within the limits of the Town of Madras as defined in section 12, Regulation II of 1802 of the Madras Code' by the Amending Act, 1891 (Central Act XII of 1891).], should be ascertained and collected in as summary a manner as in other parts of the territories under the Government [x x x] [The words 'of the Crown' were omitted by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing, and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955).]. It is enacted as follows :-

1. Assessment of un-assessed lands in [Chennai] [Substituted for the word 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.] Town.

- All assessable lands not the property of [the Government] [The words 'the Crown' were substituted for the words 'East India Company' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown' by the Adaptation Order of 1950.] [within the local limits of the ordinary assessed original civil jurisdiction of the High Court of Judicature at Chennai] [Substituted for the words 'within the limits of the Town of Madras as defined in s. 12, Regulation II of 1802 of the Madras Code' by the Amending Act, 1891 (Central Act XII of 1891).], of which the rate of assessment is not known, or which have not heretofore been assessed, shall be assessed at the rates customarily charged upon lands of a similar description in the neighbourhood according as they may be situated respectively within or without the [Presidency town of [Chennai] [The words 'Presidency town of Madras' were substituted, for the words 'walls of George Town' by section 4 of, and the Third Schedule to the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). The words 'George Town' were themselves substituted for the words 'Black Town' by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955).].

2. Lakhiraj tenures.

- Lakhiraj tenures of land in Chennai, of which uninterrupted possession has been held under alleged grants, exempt or partially exempt from assessment for sixty years, shall be valid; no other lakhiraj tenures of land in Chennai shall be deemed valid, unless the same are or shall be held under an unexpired grant from the British Government.

3. Rate of assessment.

- The Collector of [Chennai] [Substituted far 'Madras' by Tamil Nadu Act 28 of 19%, w.e.f. 30.9.1996.] shall determine the rate of assessment to be [levied] [Substituted far the word 'laid' by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957).] on assessable land under section 1 of this Act, with reference to the rate assessed upon other land of a similar description in the neighbourhood, subject to an appeal to the Board of Revenue, to be made within six months from the notification by the Collector of the assessment fixed by him. The decision of the Board of Revenue upon such appeal shall be final.The Board of Revenue was abolished in the year 1980 by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) and by virtue of sub-section (1) of section 10 of the said Act, any reference to the Board of Revenue shall be deemed to be a reference to the State Government of the appropriate authority specified in the notification under subsection (1) of section 4 of the said Act.

4. Power to order measurement.

- The Collector may order any assessable land or land already assessed or charged with a rent payable to [the Government] [The words 'the Crown' were substituted for the words 'East India Company' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown' by the Adaptation Order of 1950.], to be measured, for the purpose of determining the amount of assessment to be imposed, or in the case of land already assessed or charged with a rent, for the purpose of ascertaining whether the actual dimensions, and the dimensions upon which the amount of assessment or rent was calculated, correspond.

5. Abatement for land assessed beyond actual dimensions.

- Whenever, upon the measurement of any land under the preceding section, it shall be found that the dimensions upon which the amount of assessment or rent was calculated exceed the actual dimensions, a proportionate abatement shall be made for the excess, on the demand of the party entitled to claim it.

6. Charge for land in excess of quantity assessed.

- On the other hand, when the actual dimensions exceed the dimensions upon which the amount of assessment of rent was calculated, the excess shall be charged at the same rate as the rest of the land, the possession being left undisturbed:Saving of right of holder from who excess is usurped. - Provided that, when it shall appear that the excess has been caused by the surreptitious usurpation of ground belonging to another tenure, the act of the Collector in assessing is usurped, it shall not prejudice the holder of such other tenure in any effort he may make to recover the ground usurped from it.Appeal against extra assessment. - An appeal shall lie to the Board of Revenue against any extra assessment or additional rent charged by the Collector for excess by measurement under this section, if preferred within six months from the date of the Collector's order. Upon such appeal the decision of the Board of Revenue shall be final.

7. Recovery by distress and sale.

- [Repealed by section 2 of the Madras City Land-revenue (Amendment) Act, 1867 (Madras Act VI of 1867):]

8. Deduction from landlord's rent of payment by under-tenant.

- In the case payment by any tenant or occupier not holding immediately under [the Government] [The words 'the Crown' were substitute/or the words East India Company' by the Adaptation Order of l937 and the word 'Government' was substituted tor 'Crown by the adaptation Order 1950.], or the seizure and sale of his property, he may deduct the amount of the payment or levy from the next payment of rent to his landlord.

9. Priority of Government claim for and revenue.

- The claim of the Government for land-revenue or rent has priority over all other claims upon the land, or to which property distrained upon the land may be liable.

10. Deposit of amount of disputed claim.

- It the Collector's claim for arrears of rent is disputed, the process of distraint and sale shall not be stayed, unless the amount claimed be lodged with the Collector.

11.

Omitted by section 2 of the Madras City Land Revenue and Revenue Recovery (Amendment) Act, 1907 (Tamil Nadu Act 16 of 1967)

12. Inquiry into claim to hold land rent-free, and report to Board.

- When a claim to hold land lakhiraj, or free of assessment, shall be set up under this Act, the Collector shall inquire into the claim, taking such evidence as the claimant may offer or the public records supply, and shall report his proceedings in the case for the consideration of the Board of Revenue.Procedure thereupon. - If the Board of Revenue are satisfied of the validity of the claim, they shall make an order accordingly, and such order shall be final. If they are not satisfied of the validity of the claim, they shall direct the Collector to assess the land, leaving the claimant to contest the Collector's demand in the Civil Courts, as herein provided.The Board of Revenue was abolished in the year 1980 by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) and by virtue of sub-section (1) of section 10 of the said Act, any reference to the Board of Revenue shall be deemed to be a reference to the State Government of the appropriate authority specified in the notification under sub-section (1) of section 4 of the said Act.

13. Penalty for obstructing Collector or his subordinates.

- Any person obstructing or molesting the Collector or any of his subordinate officers in the execution of their duty shall, on conviction before a Magistrate of the town of [Chennai] [Substituted for the word 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.], be liable to a fine not exceeding five hundred rupees, and, in default of payment, to imprisonment in the common gaol, for a term not exceeding sixth months, or until the fine is sooner paid.

14. Collector's power to punish contempts.

- The Collector may punish any contempt committed in his presence in open kachari or office, by fine not exceeding two hundred rupees, and in default of payment, by imprisonment in the common gaol for a term not exceeding one month.Appeal from his orders. - From every such order of fine or imprisonment Appeal from him an appeal shall lie to the Board of Revenue, whose decision shall be final.The Board of Revenue was abolished in the year 1980by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) and by virtue of sub-section (1) of section 10 of the said Act, any reference to the Board of Revenue shall be deemed to be a reference to the State Government of the appropriate authority specified in the notification under sub-section (1) of section 4 of the said Act.

15. Control of Collector.

- The Collector shall act in the execution of this Act under the usual control of the superior revenue authorities.

16. Exemption of questions relating to ground-rents from civil jurisdiction of Supreme Court.

- The ground-rents payable to [the Government] [The words 'the Crown' were substituted for the words 'East India Company' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown ' by the Adaptation Order of 1950.] from lands in [Chennai] [Substituted for the word 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.] are revenue within the meaning of the Act of Parliament, 21 Geo. III, cap. 703; and the Supreme Court of Judicature established by Royal Charter at [Chennai] [Substituted for the word 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.] has not any civil jurisdiction concerning tire said ground-rents or concerning anything ordered or done in the assessment or collection thereof.The Chennai City Land Revenue Act, 1851 was enacted in the year 1851 and at that time, the East India Company ruled the Madras Presidency. The said Act was repealed in part in 1867 when the British Government takenover the administration of the Indian Territory after the first war of Independence in 1857. Section 16 of the Act become obsolete on coming into force of the Constitution in 1950 since disputes regarding revenue matters also brought within the jurisdiction of the High Court.

17. Jurisdiction of Civil Courts in [Chingleput] [Now the Chengalpet district was bifurcated into Kancheepuram and Thiruvallur districts.] in suits against Revenue officers.

- All actions concerning any trespass or injury committed by any Revenue-officer, acting under colour of this Act, or concerning any claim in respect of any goods taken by, or any moneys paid to, any Revenue-officer under this Act, or concerning any claim of rent or revenue on the part of [the Government] [The words 'the Crown' were substituted for the words 'East India Company' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown' by the Adaptation Order of 1950.] under this Act, shall be tried and determined in the Civil Courts established by [the Government] [The words 'the Crown' were substituted for the words 'East India Company' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown' by the Adaptation Order of 1950.] in the Zila of [Chingleput] [Now the Chengalpet district was bifurcated into Kancheepuram and Thiruvallur districts.], notwithstanding that the cause of action in respect of which such action is brought arose, or the defendant therein reside, within the limit of the town of [Chennai] [Substituted for 'Madras' by the Tamil Nadu Act 28 of 1996, w.e.f. 30.9.1996.], and every such action shall be brought within six months after the cause of action arose, and not afterwards.

18. "Collector" and "Board of Revenue" defined.

- The words "Collector" and "Board of Revenue" used in this Act shall be taken to mean any person or persons lawfully appointed to exercise the Revenue powers vested in the Collector and Board of Revenue, respectively, under this Act.The Board of Revenue was abolished in the year 1980 by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) and by virtue of sub-section (1) of section 10 of the said Act, any reference to the Board of Revenue shall be deemed to be a reference to the State Government of the appropriate authority specified in the notification under sub-section (1) of section 4 of the said Act.