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[Cites 0, Cited by 13] [Entire Act]

State of Tamilnadu - Section

Section 9 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

9. Lands in which landholder is entitled to ryotwari patta.

(1)In the case of an existing inam estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of -
(a)all lands which immediately before the notified date-
(i)belonged to him as private land within the meaning of sub-clause (b) of clause (10) of section 3 of the Estates Land Act, or
(ii)stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act:
Provided that the private land referred to in sub-clauses (i) and (ii)-
(1)has not been subsequently converted into ryoti land or has not been finally held to be ryoti land under section 3-A 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 (Reduction of Rent) Act, 1947 ([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 XXX of 1947); and
(2)[is, in the case of a landholder other than a religious institution, proved to have been cultivated by the landholder himself] [Substituted for the words 'is proved to have been cultivated by the landholder himself by section 3(i) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.], by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, for a continuous period of three years within a period of twelve years immediately before the 1st day of April 1960; and
(b)
(i)all lands which were properly included or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry', from the date of such acquisition or the 1st day of July 1950 whichever is later and has been in direct and continuous possession of such lands from such later date;
(ii)all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July 1950 and has been in direct and continuous possession of such lands from that date;
(iii)all lands not being (i) lands of the description specified in sub-clauses (a), (b) and (c) of clause (16) of section 3 of the Estates Land Act, or (ii) forest land which have been, voluntarily abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July 1950 and has been in direct and continuous possession of such lands from that date.
(2)In the case of a new inam estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of-
(a)all lands which immediately before the notified date belonged to him as private land:
[Provided that in the case of a landholder other than a religious institution, the private land specified in clause (13)(ii)(a) of section 2 is proved to have been cultivated by the landholder himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, for a continuous period of three years within a period of twelve years immediately before the 1st day of April 1960; and] [Substituted for 'Provided that in the case of private land specified in clause 13(ii)(a) of section 2, such land is proved' by section 3(ii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.]
(b)
(i)all lands in the holding of a ryot and which have been acquired by the landholder by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, from the date of such acquisition or the 1st day of April 1960 whichever is later and has been in direct and continuous possession of such lands from such later date;
(ii)all lands in the holding of a ryot and which have been acquired, by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 27th day of September 1955 or from the date of such acquisition whichever is later and has been in direct and continuous possession of such lands from such later date:
Provided that nothing in this sub-clause shall apply to any acquisition by purchase, exchange or gift including purchase at a sale for arrears of rent by the landholder on or after the 1st day of April 1960.
(iii)all lands not being (i) lands of the description specified in items (a), (b) and (c) of sub-clause (ii) of clause (17) of section 2, or (ii) forest lands which have been voluntarily abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 27th day of September 1955 and has been in direct and continuous possession of such lands from that date.
(3)In the case of an inam estate or part thereof held immediately before the notified date by an individual on condition of rendering service to a religious institution, the grant of ryotwari patta under sub-section (1) or (2) shall be subject to the provisions of section 33.[Explanation I. [The Explanation to section 9 was numbered as Explanation 1 of that section by section 3(iii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.] - "Cultivate" in this section includes the planting and rearing of topes, gardens and orchards, but does not include the rearing of topes of spontaneous growth.][Explanation II. [This Explanation was added by section 3(iii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966) which was deemed to have come into force on the 1st January 1964.] - For the purposes of item (2) of the proviso to clause (a) of sub-section (1) and of the proviso to clause (a) of sub-section (2), "religious institution" shall mean a religious institution as defined in clause (18) of section 6 of the [TamilNadu] Hindu Religious Charitable Endowments Act, 1959 ([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 22 of 1959).]