The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

(1) This Act may be called the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963. (2) It extends to the whole of the State of Tamil Nadu, except- (i) the Shencottah taluk of the Tirunelveli district ; (ii) the Kanyakumari district ; and (iii) the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 55 of 1959). (3) It applies to all inam estates. (4) This sub-section was added by section 2 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, the rest of this Act as aforesaid shall be deemed. to have come into force in regard to such Pudukkottai inam estate on such subsequent date : Provided further that where, in regard to any Pudukkottai inam estate, the operation of the rest of this Act as aforesaid 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 estate shall be deemed to be the date on which the rest of this Act as aforesaid shall be deemed to have come into force.

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 Estates Land Act, 1908 (Tamil Nadu Act I of 1908) ; (4) " existing inam estate " means an inam village which became an estate by virtue of the Tamil Nadu Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Act XVIII of 1936) ; (5) " Government " means the State Government; (6) " impartible inam estate " means an estate governed immediately before the notified date by the Tamil Nadu Impartible Estates Act, 1904 (Tamil Nadu Act II of 1904) ; (10) " notified date" in relation to the inam estate other than a Pudukkottai inam estate specified in Schedule I-A)] 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) shall come into force in regard to the inam estate, and any such notification has been stayed by order of court or Tribunal or other authority 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 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 : 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) 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) " new inam estate " means a part village inam estate or a Pudukkottai inam estate ; (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 it 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 "- (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 (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 in 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 : Provided that where the kudiwaram was acquired at any time after the 1st day of April 1960, 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; and includes such of the inam areas in the said territory as are specified in Schedule I-A; (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 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 or for his permission for water has not been consolidated with the rent for the use or occupation of land and also (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 any sum 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 fees for 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 ; (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 lawfully due upon it. Explanation.-In relation to a new inam estate- (i) a person who has been admitted into possession of ryoti land by a landholder after the 1st day of April 1960 and who has been paying to the landholder the rent in respect of such land shall not be a ryot for the purposes of this Act; (ii) a person unauthorisedly occupying ryoti land from which the landholder has been entitled to claim rent shall not be a ryot, and where in respect 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 ; (iii) " ryoti land " in relation to a new inam estate shall mean any land in such estate which is not (a) private land ; (b) (i) land on which the building of the landholder is situated ; (ii) forests, tanks and ooranies, rivers, streams, supply and drainage channels, works for the execution of which are being repaired or maintained by the Government and lands situated in any new inam estate which are set apart for 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 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 ; (ii) in relation to a new inam estate shall mean any 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 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 are attached thereto.

With effect on and from the notified date and save as otherwise expressly provided in this Act- (a) in respect of which the rate of rent was fixed before the notified date, the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908), the Pudukkottai (Settlement of Inams) Act, 1955 (Tamil Nadu Act XXIII of 1955) and all other enactments applicable to the inam estate as such shall be deemed to have been repealed in their application to the inam estate; (b) the entire inam estate (including all communal lands and porambokes, other non-ryoti lands, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and ooranies (including private tanks and ooranies) and irrigation works fisheries shall stand transferred to the Government and vest in them free of all encumbrances, and the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), the Tamil Nadu Irrigation Cess Act, 1865 (Tamil Nadu Act VII of 1865), and all other enactments applicable to ryotwari areas shall apply to the inam estate; (c) all rights and interests created in or over the inam estate before the notified date by the principal or any other landholder, shall as against the Government cease and determined ; (d) the Government may, after removing any obstruction that may be offered, forthwith take possession of the inam estate and all accounts, registers, pattas, muchilikas, maps, plans and other documents relating to the inam estate which the Government may require for the administration thereof: (e) the principal or any other landholder and any other person, whose rights stand transferred under clause (b) and determine under clause (c), shall be entitled to such rights and privileges as are recognized or conferred on him by or under this Act ; (f) the relationship of landholder and ryot, shall, as between them, be extinguished ; (g) any rights and privileges which may have accrued in the inam estate, to any person before the notified date against the principal or any other landholder thereof, shall cease and determine, and shall not be enforceable against the Government.

As soon as may be after the publication of this Act in the Fort St. George Gazette, the Government shall appoint a Director of Settlements to carry out the survey and settlement operations in inam estates and introduce the ryotwari settlement therein. The Director shall be subordinate to the Board of Revenue.

(1) As soon as may be after the publication of this Act in the Fort St. George Gazette, the Government shall appoint one or more Settlement Officers to carry out the functions and duties assigned to them under this Act. (2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue, from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal.

(1) With effect on and from the notified date, the Government shall appoint one or more persons to manage the inam estate. (2) Every manager shall be subordinate to the District Collector and shall be guided by such lawful instructions as he may issue, from time to time ; and the District Collector shall also have power to cancel or revise any of the orders, acts or proceedings of the manager.

The Board of Revenue shall have power- (a) to give effect to the provisions of this Act and in particular to superintend the taking over of inam estates and to make due arrangements for the interim administration thereof; (b) to issue instructions for the guidance of the Director, District Collectors, Settlement Officers and Managers of inam estates ; and (c) to cancel or revise any of the orders, acts or proceedings of the Director and other authorities, including those passed, done or performed in the exercise of revisional powers.

(1) The Government shall constitute one or more Tribunals for such area or areas as may be necessary for the purposes of this Act. (2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge. (3) Each Tribunal shall have such jurisdiction, and such powers, as the Government may, from time to time, determine. (4) Every Tribunal shall, subject to the provisions of this Act, have the same powers as are vested, in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit or when hearing an appeal.

(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 properly included as private land within the meaning of clause (10) of section 3 of the Estates Land Act : Provided that the private land referred to in sub-clause (1) has not been subsequently converted into ryoti land or has not been finally held to be ryoti land under the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947); (2) (a) is, in the case of a landholder other than a religious institution, 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 (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 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 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; (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 September 1955 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 September 1955 or from the date of such acquisition whichever is later and has been in direct and continuous possession of such lands from that date: Provided that nothing in this sub-clause shall affect lands acquired 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].- " 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.--For the purposes of this proviso to clause (a) of sub-section (1) and 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 Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959).]

(1) In the case of an existing inam estate every ryot shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of- (i) all ryot lands which were properly included, or which ought to have been included, in his holding under section 3 of the Tamil Nadu Estates Land (Reduction of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947) ; and (ii) all ryoti lands which immediately before the notified date, were properly included or ought to have been included in his holding and which are not lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act and who has been admitted into possession by a landholder on or after the 1st day of July 1950, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land. (2) (a) In the case of a new inam estate every ryot shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of all ryoti land in his holding not being lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act and who has been admitted into possession by a landholder on or after the 27th day of September 1955, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land. (b) A ryot as defined in clause 16 (ii) of section 2 shall be entitled to a ryotwari patta to the exclusion of the ryots, if any, specified in paragraphs (i) and (ii) of the Explanation to the said clause (16)(ii) and a ryot specified in paragraph (i) of the said Explanation shall be entitled to a ryotwari patta to the exclusion of the ryot, if any, specified in paragraph (ii) of the said Explanation. (3) Notwithstanding anything contained in sub-sections (1) and (2) no ryot shall be entitled to a ryotwari patta in respect of any land under sub-section (1) or sub-section (2) which he has voluntarily abandoned or relinquished his rights in respect of such land on or before the date of the decision of the Settlement Officer under sub-section (1) of section 12. Explanation.--No person to whom a right to collect the rent of any land has been leased before the notified date, including an ijuradar or a farmer of rent, shall be entitled to a ryotwari patta in respect of such land under this clause.

(1) Where no person is entitled to a ryotwari patta in respect of a land in an inam estate, under section 9 or 10 and the land vests in the Government, the persons specified below shall be entitled to a ryotwari patta in respect of that land in the following order of preference :- (i) firstly, a person who had been personally cultivating such land for a continuous period of twelve years immediately before the 1st day of April 1960 ; (ii) secondly, if there is no such person as is referred to in clause (i), then, a person who had been lawfully admitted into possession of such land on or after the 27th day of September 1955 and who had been personally cultivating such land ever since ; and (iii) thirdly, if there is no such person as is referred to in clauses (i) and (ii), then, a person who had been personally cultivating that land on the 26th day of September 1955 and for a period of twelve years immediately before that date : Provided that no person shall be entitled to a ryotwari patta in respect of any land under clause (i) or (iii) of this sub-section if such person has voluntarily abandoned or relinquished his rights in respect of such land on or before the date of the decision of the Settlement Officer under sub-section (1) of section 12 : Provided further that no ryotwari patta shall be granted in respect of any land falling under any of the categories specified below :-- (a) forests ; (b) beds and bunds of tanks and of supply, drainage, surplus or irrigation channels ; (c) threshing floor, cattle stands, village sites, cart-tracks, roads, temple sites and such other lands as are set apart for the common use of the villagers ; (d) rivers, streams and other porambokes. Explanation.--For the purposes of this sub-section, a person is said to personally cultivate a land when he contributes his own physical labour or that of the members of his family in the cultivation of that land.

(1) Notwithstanding anything contained in this Act, no ryotwari patta shall be granted in respect of any private tank or oorani. (2) Any ryotwari patta granted in respect of any private tank or oorani under this Act before the date of the publication of the Tamil Nadu Inam Estates, Lease-holds and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975, in the Tamil Nadu Government Gazette, shall stand cancelled, and for purposes of compensation under this Act, the private tank or oorani shall be deemed to be land in respect of which neither the landholder nor any other person is entitled to ryotwari patta under this Act.

(1) The Settlement Officer shall examine the claims of any person for a ryotwari patta under section 9 or section 10 or section 11, as the case may be, and decide in respect of which lands the claim should be allowed. (2) Against a decision of the Settlement Officer under sub-section (1), the Government may, within one year from the date of the decision, and any person aggrieved by such decision may, within three months from the said date, appeal to the Tribunal: Provided that the Tribunal may, in its discretion, allow further time not exceeding six months for the filing of any such appeal: Provided further that the Tribunal may, in its discretion, entertain an appeal by the Government at any time if it appears to the Tribunal that the decision of the Settlement Officer was vitiated by fraud or by mistake of fact.

(1) (a) Every person who becomes entitled to a ryotwari patta under this Act (other than under section 11) in respect of any land shall, for each fasli year commencing with the fasli year in which the inam estate is notified, be liable to pay to the Government such assessment, as may be lawfully imposed on the land. (b) Every person who becomes entitled to a ryotwari patta under section 11 in respect of any land shall, for each fasli year commencing with the fasli year in which such patta is granted, be liable to pay to the Government such assessment, as may be lawfully imposed on the land. (2) If a ryot was liable immediately before the notified date to make any payment to the landholder, otherwise than by way of rent, whether periodically or not, in respect of any land to which he is entitled to a ryotwari patta, he shall continue to make such payments as accrue on or after that date to the Government.

(1) Where any land (not consisting of an entire village or not being a part village inam estate) granted on service-tenure, whether to an individual or institution, falls under sub-clause (c) of clause (16) of section 3 of the Estates Land Act or under item (c) of sub-clause (ii) of clause (17) of section 2 of this Act, then,-- (a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution, the land shall be discharged from any condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date; (b) in all other cases, the holder of such land shall have the same rights in the land, and be subject to the same obligations, as the holder of a minor service inam in a ryotwari village, in respect of his land: [Rest of section context implies cross-reference to other clauses].

(1) Every person making a claim against the compensation paid in pursuance of the provisions of this Act or any portion of the principal or any other landholder or any person claiming any portion of such compensation by way of a share or by way of maintenance or otherwise, whether their debt or other liability has been reduced under section 35 or not, shall apply to the Tribunal within three months from the date of which the amount was so deposited: Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from preferring the application within the said period, allow further time not exceeding three months for such application. (2) Every claim to, or enforceable against, the portion of any compensation aforesaid which is not made to the Tribunal, within the time aforesaid, or (i) where it relates to an amount in respect of which an order for payment has been made by the Tribunal or the Special Appellate Tribunal in favour of any person, shall cease to be enforceable.

The Tribunal shall, after giving notice to all persons who have applied under section 37 and to any other person whom it considers to be interested, make inquiry into the validity of the claims received by it, and determine the persons who, in its opinion, are entitled to the compensation deposited and the amount to which each of them is entitled.

(1) As a preliminary to such determination, the Tribunal shall apportion the compensation among the principal landholder and any other persons whose rights or interests in the inam estates stand transferred to the Government under clause (b) of section 3, or cease and determine under clause (c) of section 3, including persons who are entitled to be maintained from the inam estate and its income, as far as possible, in accordance with the value of their respective interests in the inam estate. (2) The value of those interests shall be ascertained-- (a) in the case of the impartible inam estates referred to in section 40, in accordance with the provisions contained in that section and in such rules, not inconsistent with that section, as may be made by the Government in this behalf; (b) in the case of other inam estates, in accordance with such rules as may be made by the Government in this behalf.

In the case of an impartible inam estate which had a joint Hindu family, the Tribunal shall, in order to determine the aggregate compensation for the following persons, considered as a unit, namely, the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in existence on the notified date (who are hereinafter called "the sharers"), and (b) other persons who, immediately before the notified date were entitled to maintenance out of the estate and its income either under section 9 or 32 of the Tamil Nadu Impartible Estates Act, 1904 (Tamil Nadu Act 2 of 1904), or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called "maintenance-holders") : Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid, if, before the notified date, his claim for maintenance or the claim of his branch of the family for maintenance, has been settled or discharged in full. (3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the impartible inam estate and the amount to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the sharers and maintenance-holders as hereinafter provided. (4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement, such portion shall not exceed one-fifth of the remainder referred to in sub-section (3), except in the case referred to in the second proviso to sub-section (2) of section 42. (5) (a) The Tribunal shall, in determining the amount of compensation payable to the maintenance holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely :- (i) the compensation payable in respect of the inam estate; (ii) the number of persons to be maintained out of that estate; (iii) the nearness of relationship of the person claiming to be maintained; (iv) the other sources of income of the claimant; and (v) the circumstances of the family of the claimant. For the purpose of securing that any maintenance-holder may receive his share of the compensation in land instead of in money, the Tribunal may, in lieu of all or any portion of the money compensation payable to him, allot to him such lands in respect of which ryotwari patta may be granted under section 9, as the Tribunal may consider proper: Provided that the total extent of the lands granted to all such maintenance-holders shall not exceed one-fifth of the extent of the lands in respect of which ryotwari patta may be granted under section 9: Provided further that where it is found to be inconvenient or impracticable to grant any such lands, or to grant any such lands to the full extent to which the maintenance-holder may be regarded as entitled, whether on the ground that such a grant will result in the creation of an uneconomic holding or for any other reason, the share of the compensation awarded to the maintenance-holder may be increased by such amount as the Tribunal may consider reasonable. (3) The lands in respect of which ryotwari patta may be granted under section 9, after excluding any lands which may be granted to maintenance-holders under sub-section (2), shall be divided among the sharers, as if they owned such lands, as a joint Hindu family and a partition thereof had been effected among them on the notified date.

Where the power of the land-holder to alienate any property in an inam estate is restricted whether by the terms of the grant or otherwise, the provisions of this Act relating to the payment and apportionment of compensation in respect of impartible inam estates shall, so far as may be and subject to such rules as may be made by the Government in this behalf, apply to the payment and apportionment of the compensation payable in respect of the inam estate.

Where it is alleged that the interest of any person entitled to receive payment of any portion of the compensation has devolved on any other person or persons, whether by act of parties or by operation of law, the Tribunal shall determine whether there has been any devolution of the interest, and if so, on whom it has devolved.

(1) In cases not governed by any other provision of this Act, where on or after (i) the 1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate, but before the notified date, a landholder has created, by way of lease or otherwise, rights in any mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government: Provided that the transaction was not void or illegal under any law in force at the time and that any such right was created for a period not exceeding one year. (2) (a) Where any such right was created before (i) the 1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate, for a period exceeding one year, the Government may, if in their opinion, it is in the public interest to do so, by notice given to the person concerned terminate the right with effect from such date as may be specified in the notice, not being earlier than three months from the date thereof. (b) The person whose right has been so terminated shall be entitled to compensation from the Government which shall be determined by the Board of Revenue in such manner as may be prescribed, having regard to the value of the right and the period for which the right was abated. (c) Where any such right created before (i) the 1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate is not determined under this sub-section, the transaction whereby such right was created shall be deemed to be valid and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government: Provided that the transaction was not void or illegal under any law in force at the time.

(1) No court shall, before the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, order or continue execution in respect of any decree or order passed against the principal or any other landholder of an inam estate against his interest in the inam estate or against his other immovable property or against his person by arrest and detention; and with effect on and from such date, execution in the cases aforesaid may be ordered or continued as specified in, and in accordance with, the provisions of section 60. (2) All proceedings for the execution of any decree or order by the arrest and detention in prison of the principal or any other land-holder of an inam estate pending on the notified date, shall stand dismissed and if on such date the principal or any other landholder is detained in prison in execution of any such decree or order, he shall be released forthwith. (3) Notwithstanding anything contained in any other law for the time being in force, no principal or other land-holder of an inam estate shall, on or after the notified date and before the date on which the earliest deposit as aforesaid is made, sell, mortgage, lease, or otherwise assign or alienate any of his immovable property and any transaction of the nature hereby prohibited shall be void and inoperative and shall not confer or take away any right whatsoever from any party to the transaction. (4) (a) No claim or liability enforceable immediately before the notified date against the principal or any other land-holder of an inam estate or against any other person whose rights stand transferred to the Government in virtue of clause (b) of section 3 shall, on or after that date, be enforceable against the interests he had in the inam estate. (b) all such claims and liabilities shall, after the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, be enforceable- (i) against the interim payments or the compensation or other sums paid or payable to him under this Act; (ii) against his other property, if any, to the same extent to which such claims and liabilities were enforceable against such property immediately before the notified date.

When, under this Act, any person is dispossessed of any land, any crop or other produce raised on the land unauthorisedly and any building or other construction erected or anything deposited thereon if not removed by him after such written notice as the officer who issued the order for dispossession may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the said officer and any property so forfeited shall be disposed of in such manner as that officer may direct.

(1) The Government shall have power to terminate the services of any such person after giving him one calendar month's notice or paying him one month's pay in lieu of such notice. (2) Persons whose services are retained shall be governed by such rules as the Government may make in regard to them.

Every educational institution which was being maintained by any land-holder of an inam estate immediately before the notified date shall be maintained by Government.

The provisions of Sections 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, and 500 of the Madras Estates Land Act, 1908 (Madras Act I of 1908) shall, in so far as it relates to any inam estate, cease to apply.

(1) Subject to the provisions of sub-section (3), in any proceeding under this Act if it becomes necessary to determine whether any land is a ryoti land or a private land, it shall be presumed, until the contrary is proved, that such land is a ryoti land. (2) Any person for the purpose of proving that the land concerned was private land at the commencement of this Act. (3) Nothing contained in this section shall apply to communal land, poramboke and, pasture land.

The High Court may decide the questions regarding forests.

Where a person- (a) is entitled to the ownership or to the possession or occupation of any land or building immediately before the notified date but has transferred his right to the possession and occupation thereof or has been temporarily dispossessed or deprived of his right to the occupation thereof ; and (b) has not on that date lost his right to recover the possession or occupation of such land or building ; he shall, for the purposes of this Act and subject to the provisions thereof, be deemed to be the owner, or to be in possession or occupation, of such land or building: Provided that any lawful transferee of the right to the possession or occupation of such land or building shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transferor, as he had immediately before the notified date: Provided further that any lawful transferee of the title to such land or building shall be entitled to all the rights under this Act of his transferor.

(1) The decision of a Tribunal or Special Appellate Tribunal in any proceeding under this Act or of a Judge of the High Court hearing a case under sub-section (2) of section 46 on any matter falling within its or his jurisdiction shall be binding on the parties thereto and persons claiming under them in any suit or proceeding in a Civil Court in so far as such matter is in issue between the parties or persons aforesaid in such suit or proceeding. (2) The decision of a Civil Court (not being the Court of a District Munsif or a Court of Small Causes) on any matter falling within its jurisdiction shall except in so far as such decision is inconsistent with the provisions of this Act be binding on the parties thereto and persons claiming under them in any proceeding under this Act before a Tribunal or Special Appellate Tribunal or a Judge of the High Court under sub-section (2) of section 46 in so far as such matter is in issue between the parties or persons aforesaid in such proceeding.

In computing the period of limitation for any suit or application to a Civil Court by a creditor in respect of a proceeding under this Act, the period of time commencing on the notified date and ending with the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, shall be excluded, and the time taken for obtaining certified copies of any decree or order passed in such proceeding shall be excluded.

(1) Any order passed by any authority under this Act in respect of matters to determine which provision is not provided, shall be final. (2) No such order or decision shall be liable to be questioned in any Court of law.

No suit or other proceeding shall lie in any Court of law in certain cases as per the provisions of the Act.

(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder. (2) (a) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government. (b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties or the discharge of the functions imposed by or under this Act. (3) No suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder after the expiry of six months from the date of the act complained of.

(1) Notwithstanding anything contained in sub-section (4) of section 8 or in sub-section (3) of section 46 or in any other provision of this Act or in any other law for the time being in force, no Tribunal or other authority under this Act shall have the power to appoint a receiver or commissioner in respect of any land in an inam estate and in respect of which any proceeding is pending before such Tribunal or other authority. (2) Any person who was personally cultivating any such land on the notified date and continues to be in possession of that land shall not be dispossessed of the land, until it is finally decided that such person is not actually entitled to ryotwari patta in respect of that land under the provisions of this Act. (3) Any receiver appointed by any court or other authority in respect of such land immediately before the notified date shall cease to function. (4) The said person shall be liable to pay to the Government the rent in respect of such land which was payable by him to the landholder and the provisions contained in section 56 shall apply to the recovery of such arrears. (5) The said person shall not be liable to be evicted under the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), in respect of the arrears referred to in sub-section (4), except for failure to pay the said arrears in accordance with the rules made in this behalf under sub-section (5).

(1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed ; (b) the procedure to be followed by the Tribunals, Special Appellate Tribunal, authorities and officers appointed, or having jurisdiction, under this Act ; (c) the delegation of the powers conferred by this Act on the Government or any other authority, officer or person ; (d) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf has been made herein ; (e) the application of the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), to applications, appeals and proceedings under this Act ; (f) the fees to be paid in respect of applications and appeals under this Act ; (g) the transfer of proceedings from one Tribunal, authority or officer to another ; (h) the manner in which, and the officer by whom, the amount shall be ascertained for the purposes of this Act. (3) A rule made under clause (c) of sub-section (2) may provide for restrictions and conditions subject to which the power delegated may be exercised and also for control and revision by the delegating authority either suo motu or on application of the orders of the authority or person to whom the power is delegated. (4) (a) All rules made under this Act shall be published in the Fort St. George Gazette and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published. (b) Every rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

(1) The Government may, by notification, include in Schedule I any inam village not already specified therein and upon such entries, the provisions of this Act shall apply to every such estate accordingly and every proceeding taken under that Act and pending in respect of that inam village, (i) any amount paid under that Act to any person in respect of that inam village, shall, with interest thereon at three per cent per annum, be recoverable as if it were an arrear of land revenue. (2) Where the entries relating to the name of the inam village, and the revenue number and name of revenue village as specified in columns (3) and (4) respectively of Schedule I are found to be either incomplete or incorrect with reference to the corresponding entries in the revenue registers, the Government may, by notification, from time to time, amend suitably the entries in columns (3) and (4) aforesaid : Provided that nothing in this sub-section shall be construed as empowering the Government to omit any entry from columns (3) and (4) aforesaid. (3) All references made in this Act to Schedule I shall be considered as relating to the said Schedule as for the time being amended in exercise of the powers conferred by this section.

(1) Notwithstanding anything contained in the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963) and in the Tamil Nadu Inams (Supplementary) Act, 1963 (Tamil Nadu Act 31 of 1963)- (i) the provisions of the said Acts shall be deemed never to have applied to a Pudukkottai inam estate specified in Schedule I-A, and every order passed in any proceeding taken under the said Acts in respect of that inam estate shall be deemed to be of no effect and if any proceeding were an arrear of land revenue. (2) Where the entries of Schedule I-A are found to be incomplete or incorrect with reference to the revenue registers, the Government may, by notification, from time to time, amend suitably the entries in columns (3) and (4) aforesaid. (3) All references made in this Act to Schedule I-A shall be considered as relating to the said Schedule as for the time being amended in exercise of the powers conferred by this section.

Repeals.

(1) With effect on and from the notified date, the inam estate shall be deemed to be an estate as if that estate had been an estate immediately before that date. (2) The provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), but subject to the following modifications the authorized officer shall in calculating the ceiling area of any person under that Act not include any land in an inam estate. (3) For the purposes of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), any ryotwari patta granted under this Act, shall be deemed to have been granted on the 6th day of April 1960 and for the purpose of the ceiling area and standard acre under that Act, land revenue payable in respect of the land referred to in sub-section (1) shall be the ryotwari assessment payable in pursuance of the ryotwari settlement referred to in sub-section (2).

(1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty. (2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

[See sections 33 (9) and 72-A (4).] 1. For topes, orchards and lands used for non-agricultural purposes, the fair rent shall be the lease amount as determined by rules made by the Government in this behalf. 2. In respect of lands, other than those specified in paragraph 1, the fair rent shall be the aggregate of- (a) (i) in the case of wet land, 40 per cent of the normal gross produce or its value in money ; (ii) in the case of wet land, the irrigation of which is supplemented by lifting water, 35 per cent of the normal gross produce or value in money ; (iii) in the case of land on which crops which do not any yield within a period of one year from the time of cultivation are cultivated, 40 per cent of the normal gross produce or its value in money ; (iv) in the case of any other class of land, 33 1/3 per cent of the normal gross produce or its value in money : Provided that in the case of lands referred to in sub-paragraphs (ii) and (iv) for the cultivation of which water is lift pumpset installed at the cost of the service-holder, the fair rent shall be increased to 40 per cent ; and (b) the value of one-fifth of the straw or stalk of all the crops cultivated on the land in an agricultural year. Explanation I.-In this paragraph, "normal gross produce"- (a) in respect of a land cultivated with any crop which does not give any yield within a period of one year from the time of cultivation, means the gross produce for one year if the land were cultivated every year; (b) in respect of a land cultivated with any other crop means the produce which would be obtained for one year from a land of the same class as the land in question similarly situated and possessing similar advantages if the rainfall and the seasons were normal. Explanation II.-In the case of land on which different crops are cultivated at different times on different portions of the lands, the fair rent shall be calculated with reference to the actual crops cultivated according to the ordinary rotation of crops in the locality in which such land is situated. Explanation III.-In this paragraph, "agricultural year" means the year commencing on the 1st day of April, or, in respect of any area or any part of any district, on such other date as the Collector of the district may specify in that behalf, by notification, in the district gazette. 3. (a) In the case of land cultivated by the service-holder, the fair rent shall be the fair rent as calculated in the manner specified in paragraph 2 in respect of a land of the same class as the land in question, similarly situated and possessing similar advantages. (b) If the rent actually payable to the service-holder in respect of the land during the fasli year immediately before the fasli year in which the appointed day falls is less than the fair rent ascertained as aforesaid, the said rent shall be deemed to be the fair rent in respect of the land.