State of Tamilnadu- Act
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Rules, 1973
TAMILNADU
India
India
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Rules, 1973
Act 707 of 1973
- Published on 24 July 1973
- Commenced on 24 July 1973
- [This is the version of this document from 24 July 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Kanyakumari Sreeapdam Lands (Abolition and Conversion into Ryotwari) Rules, 1973.2. Definitions.
- In these rules, unless the context otherwise requires,-3. Procedure for taking possession of Sreepadam lands.
4. Period within which appeal against an order under proviso to section 3 (c) can be filed.
- Every appeal against an order under the proviso to clause (c) of section 3, deciding the question whether a person is to be dispossessed or not, shall be preferred within thirty days from the date of such order or within such further time as the appellate authority may, in its discretion, allow.5. Revision by the Director of Settlements and Settlement Officer.
- Every petition under sub-section (2) of section 5, or under sub-section (2) of section 6, as the case maybe, for revision of the order, act or proceeding of the Settlement Officer or the Assistant Settlement Officer, shall be preferred in Form No. 4 to the Director of Settlements or, to the Settlement Officer as the case may be, within thirty days from the date of communication of the order, or of the date of the act complained of:Provided that the Director of Settlements or the Settlement Officer, as the case may be, may admit a petition preferred after the period aforesaid, if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.6. Revision by [the Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G, O. Ms. No. 2675, Revenue, dated the 1st December 1980.].
- Every petition under clause (c) of section 7 for revision of the order, act or proceeding of the Director of Settlements shall be preferred to [the Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of land Administration, vide G, O. Ms. No. 2675, Revenue, dated the 1st December 1980.] in Form No. 4 within sixty days from the date of communication of the order or of the date of the act complained of:Provided that [the Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G, O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may admit a petition preferred after the period aforesaid, if it is satisfied that the petitioner had sufficient reason for not preferring the petition within the said period.7. Enquiry into claims for grant of ryotwari patta under section 9 or 10.
8. Eviction of occupant of land not entitled to ryotwari patta in respect of it consequent on decision under section 11.
- In cases, in which the Assistant Settlement Officer, the Tribunal or the Special Appellate Tribunal, as the case may be, decides that the occupant of a Sreepadam land is not actually entitled to ryotwari patta in respect of that land, the Tahsildar shall serve on the occupant a notice in Form No. 9. The Tahsildar shall also taken such further steps, as are necessary to evict the occupant. Any such eviction shall be carried out in accordance with the provisions of sub-rule (7) of rule 3:Provided that, if the occupation is unobjectionable and if the occupant, states in writing, that he accepts the decision of the Assistant Settlement Officer, the Tribunal or the Special Appellate Tribunal, as the case may be, that he is not entitled to rayotwri patta in respect of the land in his occupation, and that he will surrender actual possession of the land to the Government, forthwith, if the land is not assigned to him under the darkhast rules, his petition being treated as his darkhast application and he need not be evicted. The Tahsildar may allow the occupation in such cases to continue, subject to the payment of ryotwari assessment of the land under section 14, until orders are passed on the darkhast application or the land is required by the Government for any purpose, whichever is earlier.9. Liability of unauthorised occupant of land to be proceeded against under any law.
- Nothing contained in these rules shall be construed as exempting any person unauthorisedly occupying land from liability to be proceeded against, under any law for the time being in force.10. Eviction of occupants of buildings vesting in other persons.
- The provisions of rule 8 shall apply mutatis mutandis to cases of eviction of the occupant of any building, which vests under section 12 in other persons.11. [ [Omitted by G. O. Ms. No. 2246, Revenue, dated the 28th May 1974.]
[***]12. Application by landholder for a copy of the data.
- Every application for a copy of the data under sub-section (2) of section 16 shall be made by the land holder or other person interested within two months from the date of publication in the Tamil Nadu Government Gazette, of a notification by the Settlement Officer that he proposes to determine the compensation payable to the landholder.13. Publication of the fact of determination of compensation and interim payment.
- As soon as may be after the determination of the compensation and interim payments payable under sections 15 and 26, the Settlement Officer shall publish the fact of such determination in the Tamil Nadu Government Gazette with full details of compensation and interim payments determined and the Sreepadam land, to which it relates.14. Payment of compensation under section 20(1).
- All amounts of compensation and interim payments finally determined as payable to the landholders or persons interested shall be disbursed by the District Munsif having jurisdiction over the Sreepadam land concerned. Every landholder or person interested claiming compensation or interim payment under section 20 shall apply in Form No. 10. Every such application shall be signed and verified by the applicant and shall be presented in person or sent by registered post to the District Munsif, within three months from the date of [publication of the fact of determination of the compensation and interim payment in the Tamil Nadu Government Gazette by the Settlement Officer] [Substituted by G. O. Ms. No. 2246, Revenue, dated the 28th May 1974.].15. Appeal to the Tribunal.
16. Powers of the Tribunal.
17. Appeal to the Special Appellate Tribunal.
18. Deposit of unclaimed and undisbursed amount.
- As soon as any amount is deposited under sub-section (1) of section 23 in the District Court having jurisdiction, the District Court shall notify the fact of such deposit in the District Gazette in Form No. 14. The District Court shall also cause a copy of the notification to be affixed on the notice board of its office and shall send copies of the notification to the Settlement Officer, Assistant Settlement Officer and the Tahsildar concerned, who shall cause them to be affixed on the notice boards of their respective offices and send certificates of such publication to the District Court.19. Form in which claim should be made.
- Every person making a claim to or enforceable against any amount held in deposit by the District Court shall make an application in Form No. 15 to the District Court.20. Levy of process fee and award of costs by District Court.
21. Procedure for dealing with amounts deposited in the District Courts.
- The amounts deposited in the District Court shall be finally dealt with in accordance with the procedure laid down in rules 51 to 60 in Chapter III of Part I of the Civil Rules of Practice and Circular Orders (Volume II).22. Application by pattadars for a copy of data.
- Every application for a copy of the data under sub-section (2) of section 30 shall be made by the pattadar or other person interested within two month from the date of publication in the Tamil Nadu Government Gazette of a notification by the Settlement Officer, that he proposes to determine the contribution payable by the pattadar.23. Publication of the fact of determination of contribution.
- As soon as maybe after the determination of contribution payable by the pattadar under section 29, the Settlement Officer shall publish the fact of such determination in the Tamil Nadu Government Gazette, with full particulars of the contribution, the name of the pattadar and the Sreepadam land to which it relates.24. Recovery of contribution.
- The annual instalments of contribution payable by each pattadar shall be payable to the Tahsildar in cash in the first kist month of every fasli year. The first annual instalment shall be payable in the first kist month of the fasli year succeeding that, in which the Settlement Officer determines the contribution payable by the pattadar under section 29. Interest shall be charged on all arrears at the rate of six per cent per annum.25. Transferor title.
- Notice of every transferor and transferee under sub-section (1) of section 32 or any person, to whom the title of a deceased person shall be transferred as heir or otherwise under sub-section (2) of that section shall be given in Form No. 16 to the Assistant Settlement Officer.26. Collection of arrears.
27. Mode of entertaining appeal or revision petition, enquiry thereon and grant of interim stay.
28. Powers to receive application, appeal or revision petition after the prescribed period.
- Subject to the provisions of the Act and the rules, any authority, to whom an application, appeal or revision petition lies, may, where no specific provision is made in this behalf, allow in its discretion for the time not exceeding thirty days for the filing of any such application, appeal or revision petition, if it is satisfied that the applicant, appellant or revision petitioner had sufficient cause for not preferring the application, appeal or revision petition, as the case may be, within the prescribed period.29. Time barred application, appeal or revision petition to be dismissed.
- Subject to the provisions of the Act and these rules, every application made and every appeal and revision petition presented to the authorities or officers having jurisdiction under the Act and these rules, after the period of limitation prescribed therefor in the Act and these rules, shall be dismissed, although limitation has not been set up as a defence.30. Transfer of proceedings.
- The proceedings pending before any tribunal, authority or officer may be transferred to any other Tribunal, authority or officer, as the case maybe, by the authority, to whom appeals or revision petition lie against the decisions of such Tribunal, authority or officer, or where there is no such appellate or revisional authority, by the Government.31. Power to issue summons.
- Every Settlement Officer and every Assistant Settlement Officer and every officer of, and above the rank of, Deputy Tahsildar, working under a Settlement Officer or an Assistant Settlement Officer, shall have powers to issue summons to any person, either for appearance or for production of documents, in connection with the enquiries into questions pending before such officer under the Act and such person shall be bound to obey such summons. The form of summons shall be that used by Revenue Courts.32. Manner of service and publication of notice and orders under the Act and the Rules.
33. Court-fees and process fees.
| Section | Description of document | Court-fee |
| (1) | (2) | (3) |
| Rs.P. | ||
| 5(2) 16(6) and30(6) | Revision petition, Appeal to the Director ofSettlements Officer | 2.00 |
| 6(2) | Revision petition to the Settlement Officer | 2.00 |
| 7(c) | Revision petition to the Board of Revenue | 2.00 |
| 11(1) | Application to the Assistant Settlement Officer | 0.75 |
| 11 (3) and 21 | Appeal to the Tribunal | 2.00 |
| 20(1) | Application to the District Munsif | 0.75 |
| 22(1) | Memorandum of Appeal to the Special AppellateTribunal --- | 1500 |
| (a) if the claim does not exceed Rs. 3,000 | ||
| (b) if the claim exceeds Rs. 3,000, but it isless than Rs. 10,000 | 100.00 | |
| (c) if the claim is Rs. 10,000 or more | 50000 | |
| Interlocutory application to the SpecialAppellate Tribunal | 200 | |
| Vakalatnama to the Special Appellate Tribunal | 300 | |
| 23(3) | Application to the District Court --- | 500 |
| (1) If the claim does not exceed Rs.100 | ||
| (2) If the claim exceeds Rs. 100 | 1000 |
| Rs. P. | ||
| (a) | For service of notices or summons on a singleperson | 2.25 |
| (b) | For service of notices or summons on everyadditional person residing in the same village if applied for atthe same time. | 1.15 |