The Tamil Nadu Estates Land Act, 1908 Keyword(s): Holding of … · f 1908 : T.N. Act I] Ztstates...

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The Tamil Nadu Estates Land Act, 1908

Act 1 of 1908

Keyword(s): Holding of Land in Estates, Agriculture, Collector, Holding, Improvement, Land Holder, Pay, Private Land, Rent, Revenue Field, Ryot, Ryoti Land, Village, Tahsildar Amendments appended: 8 of 1934, 18 of 1936

$34 Estates Land , . 0908: T.N. Act I \

THE YTAMTL NADU] ESTATE@LBND ACT, 1908.

TABLE OF CONTE~,TS.

PAEAMBLE.

CHAPTER I.

1 Short title. 2 [Omitted.] 3 Defhitions.

CHAPTER 11.

4 Landholder's right to colleot rent.

6 Rent to be a first charge upon the holding and prodnoe thereof.

6 Occupanoy right in ryoti land,

6-A Ryot becoming landholder, ijaradar or farmer of rent.

7 Reservation of mining rights.

8 Merger of occupancy right.

9 Right of landholder to eject a ryot.

10 Occupancy right heritable and trasaferable.

11 Use of land by the ryot.

12 Right of ryot to trees in holding.

13 Right of occupancy ryot to make an improvement.

14 [Omitted.]

, i ~ h e s e words were substituted for .the word "Madras" by tho Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Seoond Amendment) Order, 1969, which came into force on the 14th January 1969.

f 1908 : T.N. Act I] Ztstates Land 536 5

1 6 Power of Collector to settle questions connected with improvements.

1 6 Registration of landholder's improvement. 1 7 Application to record evidence as to improvement. 17-A Landholder's right to enter on and measure land. 1 8 Saving as to improvements made in ordinary course of

cultivation. 1 9 Relations of ryots and landholders with their tenants. 2 0 Collector to decide whether land is communal land or not and

the customary rights in such land. 20-8. Power of District Collector to divert disused communal

lands. 20-B Power of District Collector to acquire land for communal

purposes. 21 Eviction of persons occupying communal lands contrary

to rule.

2 2 Application of provisions of Tamil Nadu Land Encroach- ment Act to orders under section 21.

23 Presumption that inam villages are esvtates.

CHAPTER 111.

GENERAL ~ROVISIONS RELATING TO THE RATES O F RENT PAYABLlt BY RYOTS.

2 4 Restriction on enhancement.

2 6 Rent payable on admission to possession of ryoti land after commencement of Act.

Saving as to receipt of premium.

2 6 Enhancement of rent originally fixed a t a lower rate in consideration of bringing waste land inta ci~ltivation or of making improvement upon the holding.

53 6 Eatatea Land 11908 : T.N. Act I

27 Presumption as to amount of rent and conditions of holding.

28 Presumption as to fair rate of rent.

29 Waxam rates not liable to enhancement.

30 Enhancement of rent by application.

31 Rules as to enhancement of rent on the ground of a rise in prices.

32 Rules rts to enhancement of rent on the ground of landholder's improvement.

33 Rules as to enhancement of rent on the ground of improve- cnent by the Government.

34 Rules as to enhancement of rent on the ground of fluvial action.

36 Enhancement of rent to be fair and equitable.

36 Power to order enhanoernent to be gradual.

37 Limitation of time to bring successive applications f t

enhancement of rent. 38 Reduction of rent by application.

39 Limitation of time to bring successive applications for reduction of rent.

39-A Remission of rent by application.

40 Commutation by suit of rent payable in kind.

41 Prohibition against enhancement or reduction of rent for twenty years after commutation.

42 Alteration of rent in respect of &ration in area. 43 [Omitted.] 44 Rules for the determination of alteration of rent with area, 46 [Omitted.] 46 [Omitted.] 07 [Omitted.] 48 [Omitted.] 40 [Omitted.]

1908 : T.N. A d I ] &%dm Land

CHAPTER IV.

60 Application of Chap$r IX t all ryots. Right' of , m r e s s ondeposi holder to obtain patta and

m u c a d . . . 7 51 Contents of patta andqmuckhka. - 62 Period for which pattaa and muchilikaa may be exchanged. 53 [Omitted.] ' 64 Patta to be tendered. 66 Suit to obtain patta. 66 Suit to enforce acceptance of patta. 67 Prooedure in adjudication of suits to enforce grant or aceep-

tame of patta. 68 Pattaa and muchilikaa to be signed and registered by 6he

kmam.

CHAPTER V.

59 Payment of rent in instdments. 60 Arrear of rent. 61 Interest on arrears. 62 Right of ryot to receipt for rent. 63 Contents of valid receipt. 64 Credit of payments on account of instalments. 66 Compensation for withholding receipt. 66 Place of payment. 67 Effect of receipt of person recognized or nominated as lwd-

holder for receiving rent. 68 Application to deposit rent. 69 Receipt of deposit by Collector to be a valid aoquiftance.

638 Estates Land . Ci908:. T.N. Act I

70 Notification of receipt of deposit of rent. 71 Payment or refund of deposit. 72 Barring of suits. 73 Rights and liabilities wut~., possession of orop. , 74 Application to Collector for a$praisement, division or

determinati'on of produce. 75 Procedure on such application. - .

76 Power of entry. '

CHAPTER VI. \

77 Modes of recovery of arrears of rent. 77-A Conditions for recovery of arrears by distraint of movable

property or sale of holding. 71-13 Enforceability of partially correct patta. 77-a Provision where tendered patta includes claim exceeding

that due under previous engagement. 77-0 Arrears which may be enforced by distraint. 77-E Prohibition of distraint where decree for rent has been

obtained. 77-B Articles exempted from distraint. 78 Distraint how to be effected. 79 Distraint to be proportionate to m e a r and list of propert3

to be served on owner and copy sent to sale officer. 80 Distrainer may procure police assistance. 81 Distress to be proportionate to arrears.

* 82 Time of distress. 83 Right to reap and preserve produce.

4 What places distrainer may force open.

1908 : T.N. Act I] 28tutes Land 539

I SECTIONS.

85 Power to force open doors, and to enter zenana in presence of a police officer.

86 Distrained cattle or goods not to be used.

87 Withdrawal of distress on deposit, payment or furnishing of security.

88 Liability of distrainer for loss of, or injury to, distrained property.

89 Claim of third person to right or interest in distrained property.

90 Delivery of property fraudulently conveyed to prevent distress or forcibly or clandestinely removed after distraint.

91 Suit against orders under sections 89 and 90. 92 Application for sale. 93 Contents of application. 94 B'ee for service of notice. 95 Procedure on receipt of application. 96 When sale may take place. 97 Place of sale. 98 Sale of perishable articles. 99 When crop may be sold.

100 Namer of sale. 101 Postponement of sale. 102 Payment of purchase-money. 103 Obligation to report irregularity in distraining. 104 Effect of irregularity in distraining. 105 Certificate to be given to purchaser. 106 Disposal of proceeds of sale. 107 Prohibition against bidding or purchase of property by sale

officer or subordinate.

108 Right of tenant or cultivator to deduct from rent amount paid for his landlord. I

109 Codict between distress by landholder and attachment by court.

640 38tcttes L a d . [1908: T.N. Act I

110 Tender of amount under protest to be deemed vdid. 11 1 Sale of holding.

112 Notice of intention to sell.

113 Intimation of date of service to landholder. 114 Application for sale. 116 Period of limitation for application under seation 114. 116 Proclamation of sale and appointment of selling officer. 117 Duty of selling officer. 118 Sale when amount due is not discharged in full. 119 Place of sale. 120 Manner of sale. 120-A Right of landholder to bid for holding and set off amounts

due to him. 121 Postponement of sale. 122 Stoppage of sale. 123 Payment of purahase-money and notification of sale. 124 Transmission of purchase-money to Collector and grant of

certificate of sale. 126 Encumbrances. 126 Extent of holding to be brought to sale. 127 Rules for disposal of sale-proceeds. 1 128 Right of person having interest in the holding on payment of

amount due. 129 Right of tenant or sub-tenant to deduct from rent amount

paid for ryot. 130 [Omitted.] 131 Application to set aaide sale on deposit of purchase money. 132 Application of this Chapter to exeoution of decrees for arrears

of rent. * 133 Colleotor executing decree may grant defaulter time to pay. 134 Extension of application of provisions of this Chapter.

---- - - - i

1908 : T.N. Aet Estates Land 641 t

I- CHAPTER VII.

t RE~OVERY OF EXCESS PAYMENTS SECTIONS.

136 Prohibition of payments in addition to rent 136 Recovery of such payment and penalties.

CHAPTER VIII. 4

IRRI~ATION WORKS.

136-A Ayaout.

136-B Notification of certain works as major irrigation works.

' 136-0 Applications to whom to be made.

136-D Inquiry on application.

137 Determination of ayacut.

137-A Sanction to extend ayacnt.

137-B Prohibition of unauthorized extension of ayaout.

137-0 Reclaasifioation of irrigated or garden land as unirrigated.

137-D Determination of rate of rent on reclassified lands.

138 Application for repair of irrigation work.

139 Inquiry and order on such r,pplication.

140 Liability of dasabandam 'i3&mdar.

141 Temporary reduction of rent pending completion of works of repair.

142 Irrigation works serving partly an estate and partly Govern- ment land.

143 Irrigation works serving more than one estate.

144 Bar on jurisdiction of Civil Court.

I

Estates Land

CHAPTER IX.

[I908 : T.N. Act I

145 Recognition of transfer or devolution of holding or portion of a holding.

146 [Omttted .] 147 Proceedings against transferor or co-sharer prior to notice to

be valid against transferee or GO-sharer. 148 Notioe of transfer or partition by landholder and transferee

or co-sharer. i.

CHAPTER X.

149 Relinquishment of holding by ryot. 150 Application to Collector for service of notict'. 161 Suit for ejectment. 162 Decree where damage is repairable or pecuniary compensa-

tion would be adequate relief. 163 [Omitted.] 164 [Omitted.] 166 Right of ejected ryot in respeot of orops and land prepared

for sowing. 156 Payment by ryot for occupation of land under preceding

section. 157 [Omitted.] 158 Eviction of tenant under Collector's warrant, 159 Contents of warrant. 160 Execution of warrant. 161 De.bermination of tenancy. 162 Saving clause. 163 Ratos of rent and damages payable for unauthorized occupa-

tion of ryoti land. 163-A Ejectment of trespasser.

- - - - -

\

1 1908 : T.N. Act I] ' Esdates Land 643

CHAPTER XI.

SECTIONS. 164 Power of State Government to order survey and record-oB.

rights.

166 Partioulars to be reoorded.

166 Publication of preliminary record and entertainment of objections thereto. Publication of final record.

167 Presumption as to final publication and correctness of record-of-rights.

168 Settler ' . " ---nt..a.

169 uo give reoeipt. ten6 of settlement record. A.it+d.]

170 Finth.,,..-. ind incorporation of the same in rmo'rd-o, ,

he parties. 171 Appeal to superior R e e ~ . = ~ ~ ~ a hAY.

172 Revision by Board of Revenue.

173 Entries in settlement record when open to question by civil suit.

174 Entry of note of decisions under sections 171 and 173 in record-of-rights.

175 Correction of clericd and accidontal mistakes.

176 Presumption as t.. oorrcctncss of rents settled under seotions 168 to 170.

177 Time from wh:cil settlement of rent is to take effect and . limitation of period of enhancement.

178 Stay of procoedirlgs during preparation of record-of-rights.

179 Limitation of jurisdiction of Civil Courts in matters other than rent relating to the record-of-rights.

180 Apportionment of expenses.

@ ti44 E8tates .&and [I908 : T.N. Aet I

CHAPTER XII.

181 Conversion of private Iand into ryoti land.

182 Power to order survey and record of laadholder's private land.

183 Power to record private land on applioatiion of landholder or oooupanb.

184 Prooedure for recording private Iand.

185 Presumption that Iand in inam villages is not, private Iand.

185-A Declaration of kudivaram interest of inamdar.

186-B Aoquisition of oooupanoy r igh~ in Iwds in whiob kudi- vwam is deolared bo be in inamdar. 1

CHAPTER XIII.

A~QUI~ITION BY L~KDHOLDZO~ OF LBND POR suILDma AND OTHER PURPOSES.

186 Aoquieition by landholder of land for building and other PnrpW@.

CHAPTER XIV. .. \ CONTRACT.

187 Restriotions on contraot.

188 [Omitted.]

.---

4

1908 : T.N. Act I] Estates Lad 646

CBAPTER XV. JURISDICTION AND PROCEDURE.

189 Suits and applications. Appeals. 190 Second appeals. 191 Limitation for appeals under sections 189 and 190.

1 192 Application of Code of Civil Procedure, 1908, to prooeedinge under Act.

193 Joinder of ryots in applications for commutation, enhancement or reduction of rent.

104 [Omitted.] 196 [Omitted.] 196 [Omitted.] 197 Court to give receipt. 198 [Oktted.] 199 [Omitted.] 1

200 Landholderg who may be parties. 201 Transfer of decree or order passed by Revenue Court for

payment of money. 202 [Omitted.] 203 Regard to be paid by Courts to entries in record-of-righta. 204 Power of District Collector and Board of Revenue to d is t r ibd~~

bueiness and to withdraw and transfer cases. 205 Eower to oall for and revise proceedings of Collectors. 206 Power to invesb any person with powers of Collector. 207 Appointment of dditional District Collectors. 208 [Omitted.] 209 Place of institution of suits or proceedings.

CHAPTER XVI.

210 Limitation for suits, etc. 211 Application of the Indian Limitation Aot, 1908,

126-19-36

646 E8taks h n d [I908 : T.N. Act I

CHAPTER XVII.

212 Penaltiee for illegal interferenoe with produce, eto.

213 General right of suit for damages.

214 Power of landholder to so6 through agent.

216 Power of State Government to make rule&.

PART A.--Suits triable by a Collector. PART B.-Applications to be disposed of by a District Collacvtor or

Colleotors .

19 08 : T.N. Ad I] Edtdea &sd

'PAMIL wn] ACT SO. I OF 1908~.

(Received the ament of the h e m on the 26th March 1908, and that of the Clovernor-aeneml on, the 28th 'June 1908.)

An Act to declare and amend the law relati ng tn the holding of land in estrttes in t hs "State of Tamil Nadu. 3.

W HEBEAS it is expedient to amend and declare the law relating to the holding of land in estatea in the '[State of Tamil Nadu]; It is hereby enacted as follows :-

CHAPTER I.

PRELIMINARY. /

1. This Act may be called &he 'mmil Nadu] Short title. E~tates Land Act, 1908 ;

It shall come into force on the first day Cornmeme of July 1908 : men*.

1 These words were substituted for the word "Madres" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, whioh oame into farce on the 14th January 1969.

2 For Statement of Objects and Reasons, ace Port St. Cfwrge Gazette, Part IV, 1905, page 173; for Report of Seleot Committee, see. ibid, 1906, page 3; and for Proceedings in Council, see Qid, 1906, pagee 368,433, 609; ibid, 1907, page 226; ibid, 1908, pages 2, 41, 69, 97, 153, 163, 197, 229, 261, 293, 323, 363, 383, 413, 443, 487, 613 and 537.

This Aot will oeme to be in force in eehtes notified under tho Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil ETedu Act XXVI of 1948)-See section 3 of that Act.

3 This erpression was eubstituted for the expression "Preai- denoy of Madree" by the Temil Nadu Adaptation of Laws Order, 1970, which wae deemed to have come_ into f o r b on the 14th Senuary 1989.

12 5-1 9- 3 6 ~

648 Estactes Land [IgOS: T.N. A O ~ I

Looel extnt and it shall extend to the whole of the P~esidencg of Madras except the Presidency Town '[ ] and the portion of the Nilgiri district known as the South-East Wynaad.

"2. I Definitions. 3. I n thia Bat, unless there is something

repugnant in the subjeot or oontext-

uAgrioulture*'. (1) 'gAgrioulture" with its grammatical variations and oognate expressions shall inolude horticulture.

**C!)lleotorss. a[l -A) uCollector" means a Revenue Divisional Officer and includes any person appointed by the '(State Government) whether by name or in virtue of his ~ffice, to exeroise my of the functions of a Collector under this Act.]

~(ESI lib". (2) <' Estate " means-

(a) any permanently-settled estate or temporarily-settled wlmindari;

(b) any portion of such permanently-settled estate or temporarily-settled zamindari which is separately registered in the office of the Colleotor;

(6) m y unsettled palaiyam or jagir; The words "the district of I\bal8barW were omitted by the

Madras Adaptation of Laws Order, 1917.

3 This seotion was repealed by motion 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Aot, 1967 (Tamil Nadu Act XXV of 1967).

In so far as this Aat applies to, and is in force in, the edded territories, this section was repealed by aeotion 13 of the Tamil Nadu (Added Territories) Extension of h w s &t, 1964 (Tamil Nedu Aot 8 of 1964).

8 This olause wes inserted by motion 4 (1) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act V13T of 1934).

4 The words "Provincial Government" were substituted for the word8 "Loaal Qovernrnent" by the Adeptation Order of 1937 and the word "Ststa" was substituted for d6Pro~in~iel" by the-Lday arltm Order of 1960.

1908 : T.N. Act I ] E8fates Land 640

(a) my inam vilhge of whioh the grant has been made, confirmed or recognized by the ' [ 3 Government, notwithstanding tb t subsequent to the grant, the village has been partitioned among the grantees or the suocessors in title of the grantee or grantees.

a [Explanation (l).-Where a grant m an inam is expressed to be of a named village, the area which forms the subject-matter of the grant shall be deemed to be an estate notwithstanding that it did not include certain knds in the village of that name which have already been granted on service or o~her tenure or been reserved for communal purposes.]

Explanation "(2)l.-Where an inam village is resumed by the Government, it shall cease to be an estate; but, if any village so resumed is subsequently regranted by the Government as an inam, it shall from the date of such re-grant, be regarded as an estate.

Explanation '[(3)].-Where a portion of an inani village, is resumed by the Government, such portion shall cease to be part of the estate, but the rest of the village shall be deemed to be an inam village for the purposes of this sub-clause. If the portion so resumed or any part thereof is subsequently regranted by the Government as an inam, sucb portion or part shall, from the date of such re-grant, be regarded as forming part of the inam village for the purposes of this sub-clause];

1 Thie sub.o!suee was substituted for the original sub-olause ( d ) by motion 2 (i) of the Tamil Nadu Estates Land (Third Amendment) Aot. 1936 (Tamil Nadu Aot XVIlI of 1936).

nm,h le~ edJA)uom British" wes omitted by the Adaptation p6dowr0 *te~,ofl950.

a Old Explsnetiona (1) and (2) were renumbered es Exph natione 12) end (3) respeotively and Explanetion (1) was inserted by seotion 2 (1) of the Medrss Estates Lend (Amendment) Aot. 1946 (Madras Aot Il of 1946). re-enaoted permanently by seotion 2 of, and the Fimt Sohedule to, the Tamil Nadu Re. eneoting (No. IlJ Aot, 1948 (Temll Nadu Aat VIIT of 1848). This amendment shall be deemed to have had effwt as from the dote on whioh the Tamil Nadu Estates Land (Third Amend- ment) Aot, 1936 ( T a d Nedn Aot Xl?II of 1936) oame ink f oms.

[I908 : T.N. Aot I

(e) any portion consisting of one or more villages of any of the estatw speoified above in olauses (a), (b) and (c) whioh is held on a permanent under- tenure.

**Holding". (3) " Holding " means a parcel or parcels of land held under a single '[path] or engagement in a single village :

Provided that if the landholder and ryot so agree in writing anj portion of a holding as above defined shall be treated as a separate holding.

6'Impmement" (4) *' Improvement " means with reference to a ryot's holding anj work whioh materially adds to the talue of the holding, which is suitable to the holding and consistent with. the character thereof, and whioh if not executed on the holding, is either executed directly for its benefit or after execution is made directly beneficial to it, and, subject t,o the foregoing provisions, include*

(a) the construction of tanks, wells, water channels, and other works for the storage, supplj , or distribution of water for agricultural purposes;

' (b) the construotion of works for the drainage of land, or for th : protection of land from flood^, or from erosion or from other damage by water ;

(c) the reclaiming, clearing, enclosing, levelling, or terracing of land and the preparation of land for irrigation ;

(d) the motion of buildings on the holding or in its immediate vicinity, elsewhere than on the villsgc- site, required for the convenient or profitable use or ocoupation of the holding and the erection of dwelling houses for the ryot and his family and servants ;

(e) the renewal or reoonstruction of any of the foregoing works, or alterations therein or additions thereto ; and

1 This word was rubatitatd for the word a uttah " by motion 2 of the Tamil Nadu Estates Land m men Lent) &t, 1934 (Tamil Nadu Aot V I n of 1934).

[I908 : T.N. Act I E8tatea Lard .

d f ) the planting of fruit trees and fruit gardens; but does not include, unless made with the written - oonsent of the landholder, any work which prejudi- cially affects any other land of the landholder.

(5) "Landholder " means a person owning an "landhorder". estate or part thereof and includes every person entitled to collect the rents of the whole or any portion of the estate by virtue of any transfer from the owner or his predecessor-in-title or of any order of a oompetent Court or of any provision of law.

Where there is a dispute between two or more persons as to which of them is the landholder for all or any of the pix ses of this Act or between two or more joint lan&*.Fers 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 Colleotor subject to any decree or order of a competent Civil Court may recognize or nominate as such landholder in accordance with rules to be framed by the '[Stt~te Government] in this behalf.

(8) l~Pay", "payable" and "payment" used 6s~ay ," eto. with reference to rent include "deliver", "deliverable" and '%lelivery".

(9) "Prescrjbed" means prescribed from time "Pre"ribed"- to time by the l[State Government] by nobification in the official Gazette.

1 The words **]?rovinoial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 end the word "State" was substituted for '~Provinoial" by the Adaptation Order of 1960.

2 Clewes (6) end (7) were omitted by section 4 (3 of the Tamil Ndu Estate. Land (Amendment) Aob, 1934 (Tam~l ddo hob V I I I of 1 934).

,552 . fitatea Land 11908 : T.N. Act I

"Private land '. l ( ( l 0 ) 6cPrivate land"]--

(a) in the case of an estate within the meaning of %[sub-clause (a), (b), (c) or (e) of clause (2),] meam the domain or home-farm land of the landholder by whatever designation known, such as, hambattarn, k b , oir or panmi, and includes ell land which is proved to have been cultivated as private land by the Iand- holder himself, by his own servants or by hired labour, with his own or hired stock, for a conthiuous period of twelve years immediately before the oommencement of this Act; and

(b) in the case of an estate within the meaning of sub-clause (d) of ctlause (2), means-

(i) the domain or home-farn land . of tbe landholder, by whatever designt+tion known, such as kambattarn, k b 8 , air or pan* ; or

I

(ii) land which is proved to have been cultivated as private land 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 first day of July 1908, provided that the landholder has retained the kudivaram ever since and has ~ o t converted the land into ryoti land ; or

(iii) land which is proved to have been oultivated by the landholder himself, b y his own servants or by hired labour, with his own or hired stock, for a continuous period of twelve years immediately before the first day of November 1933, provided that the landholder has retained the kudivaram ever since and has not converted the land into ryoti land; or

1 Thie olsuse was substituted for the ofginal olause (10) by aeotion 2 (ii) of the Tamil Nadu Estates Lsnd (Third Amendment) Aot, 1936 (Tamil Nadu Aot XVIII of 1936).

2 These words, bmkets, letters and figure were substituted or the words, breokets, letteraend 0guw "sub-oleuse (a), (b ) , (0 ) or

(e) of ohueea (2)" by motion 3 of, and the Seoond Schedule to, the Tamil Nadu Repealing and Amending Aot, 1986 (TamilNadu Aot XXXVI of 1966).

1908: T. N. Act I] Estates Land 653

(iv) land the entire kudivmm in which was acquired by the landholder before the f i s t . day of November 1933 for valuable consideration from a person owning the kudivaram but not the melvaram, provided that the landholder has retained the kudivaram ever since and has not converted the land-dud land, and provided further that, wh&ve?ue aram was acquired a t a sale for arrears o~r* i e 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 commence-

'[Tamil ment of the l[Tamil Nadu] Estates Land (Third Nadul Amendment) Act, 1936. Aot XVIII of 1936. 2[(11) "Rent" means whatever is lawfully paya- #'Rent."

ble 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 includes whatever is lawfully payable on account of water supplied by the landholder or taken without his permission for cultivation of land where the charge for water has not been consolidated with the charge for the use or occupation of the land.

For the purposes of sections 5, 27, 28, 69 to 72, 77 to 131, 135, 136, 145: to 148, 165, 210 and 211 and the Schedule, rent includes also-

(a) any local tax, cess, fee or sum lawfully payable to a landholder by a ryot a s such in addition to the rent due according to law or usage having the force of law and also moneg recoverable under any emcttnent for the time being in force as if it was rent ; and

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969,as amended by the Tamil Nedu Adaptation of LBWs (Second Amendment) Ordm, 1969, whioh oame into foroe on the 14th Jenuary 1969.

9 This clause was substituted for the original clause (11) by seotion 4 (6) of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Act MIf: of 1934).

. (b) sums lawfully payable to a landholder by a

ryot as such on account of pasturage fees and fi~hery rents.]

(la) "Revenue field" means a survey field, or any nela.'* field or parcel of land, on which a definite ren i 3

payable, or which in case of dispute may be declared by a Collector to be a revenue field.

(13) I[* * * * *] - - - -

"Revenue par." (14) "Revenue year " means the year ending

on the 30th June.

"Ryot". (15) "Ryot" means a person who holds for the purpose of agriculture ryoti land in an estate on condition of paying $0 the landholder the rent which is legally due upon it.

a[Explanation.-A person who has occupied ryoti lcnd fpr a continuous period of twelve years shall be deemed to be a ryot for all the purposes of this Act.]

"Ryo ,ti (16) "Ryoti land" means cultivable land in land* an estate other than private land but does not

include-

8[(a) beds and bun& of t+a& and of supply, drainage, surplus or irrigation channels ;]

(h) threshing-floor, cattle-stands, village-sites, and other lands situated in any 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 if granted before the passing of this Act or free of rent if granted after that ddrttct, so long as the service tenure subsiuts.

1 Clsuse (13) waa omitted by eeotion3 of the TomilNedu Estates ' Land (Amendm-nt) Act, 1934 (Tamil Nadu Act VIII of 1934). Explanetion to alause (16) ww added by section 4 (6), {bid.

8 This nub-clause wan substituted for the originel subsleuee (a) of ohuse 16 by seotion 4 (7), {bid. .

1908: T. N. Act I] E8tatec &and

(17) "Signed" includes stamped with the name "Sig~ed"* of the pctrson purporting to sign.

(18) "Tahsildar" includes a Deputy Tabildar. "Thsildar."

(19) "Village" meam any local area situated in or 'Whp" constituting an estate 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 recognized by the l[State Government] or may hereafter be declared by the I[St&te (hvernment) for the purposes of this Act to be a villltge, and includes any hamlet or hamlets which may be attached thereto.

Le CHAPTER 11. i

'4. Subject to the provisions of this Act, a Landholder's landholder is entitled to collect rent in respect of all 22; to 0011' ryoti land in the occnl)at.ion of a ryot.

5. (1) The rent of ryoti land together with Rent to be a any interest which may be due in respect thereof shall ~ ~ ~ ~ ~ g e be cr, first charge upon the holding and upon the holding and produce of the holding or any part thereof, provided produae then that, if gathered, the produce is in the custody or possession of the ryot or deposited on the holding or on rt threshing-floor or place for treading out grain, or the like, whether in the fields or within the homestead.

1 The words "Provinoid Government " were substituted for the words "Looal Government" by the Adaptation Order of 1937 and the word c'State" wes substituted for "Provinoial" by the Adaptation Order of 1960.

a Under section 3 (7) of the Tamil Nadu Estates Lend (Reduction of Rent) Aot, 1947 (Tamil Nadu Aot XXX of 1947), a landholder shall not be entitled to collect rents due with effeot from the oommenoement of fasli 1367 or interest thereon in respeot of any ryoti lend for whioh the rate of rent has been b e d by the Govern- ment under eeotion 3 (2) of that Act end is reooversble by them under seotion 3 (4) of that Aot. Under seotion 4 of that Aot, a ryot has to pay only the rent fbed by the Government under seotion 8 (2) or (2-A) of the Aot aforesaid notwithtending anything oontained In this Aot. Chapters V and VI of thie Aot shall oeeee to rpply to auoh rnnh and internet.

656 B8tated I'.nd 11908: T. N. Act I

(2) Nothing in this suction dhdl be deemed to d e c t any right of the l[Govemwent].

OCCUP. '16. (1) Subject to the provisions of this Act, every qncy ryot now in possession or who shall hereafter be nght in ryoti admitted by a landholder to possession of ryoti Iaad m. situated in the estate of such landholder shall .have a

permanent right of occupancy in his holding.

Explanation (l).-For the purposes of this sub- section, the expression 'every ryot now in possession' sball include every person who, having held land as a ryot continues in possession of such land a t the cornmencement of this Act.

a[Explanation (2).-In relation to any inam village which waae not an edate before the cornmeme- ment of the4[Tamil Nedu] Estates Land (Third Amend- I,T%+$du' ment) Act, 1936, but became an estate by virtue of ,f ,936, that Act, or in relation to any land in an in& village which ceased to be part of an estate before the comrnen- cement of that Act, the expressions 'now' and 'cornmen- oement of this Act,' in this sub-section and Explane tion (1) shall be construed as meaning the thirtieth day of June 1934, and the expression 'hereafter' in thie sub-section shall be construed as meaning the period after the thirtieth day of June 1934.1

Explana,tim "(3)l.-Every landholder who receives or recovers any payment under section 163 from any person nnauthorizedly occupying ryoti l a d

1 The wordd~Crown" wee subatituted for the word"Uovenunent" by the Adaptation Order of 1937 and the word " Oovernment" wes substituted for "C~*own" by the Adeptation Order of 1960.

Z This seotion was substituted for the originel seotion 6 by section 6 of the Tamil Nedu Estetes Lend (Amendment) Act, 1934 (Tamil Nedu Act V I I I of 1934).

3 New Explenetion (2) was inserted and originel Explenetion (2) was renumbered as Explenation (3) by section 3 of the Temil Nedu Estates Land (Third Amendment) Aot, 1936 (Tamil Nedu Aot AVIII of 1936).

4 These words were substituted for the word ''Madras" by the Temil Nedu Adaptation of Laws Order, 1969, as emended by the Tamil Nedu Adaptation of Laws (Second Amendment) CWm, 1969, which oome into foroe on the 14th January 1069.

1908: T. N. Act I] Estates Land

shall be deemed to have thereby admitted such person into possession unless within two years from the date of receipt or recovery of payment or the first of such payments, if more than one, he shall file a suit in a Civil Court for ejectment against such person.

(2) Admission to waste Iand under a contract for the pasturage of cattle and admission to Iand reserved bona $de by a landholder for raising a garden or tope or for forest under a contract for the temporary oultivation thereof with agricultural crop shall not, by itself confer upon the person so admitted a perma- neht right of oocupancy; nor shall such Iand, by reason only of such letting or temporary cultivation, become ryoti land.

(3) A landholder who has acquired lands under section 186 may, for a period not exceeding three years in the aggregate, with the previous permission in writing of the Collector, temporarily let such lands for agri- oultural purposes but such letting shall not confer on the tenant any-permanent right of occupancy.

(4) When a landholder has reclaimed waste land by his own servants or hired labour, he may, by oontract in writing, prevent any person from acquiring a permanent right of occupancy in respect of the said Iand during a period of thirty years from the date of the first cultivation after reclamation.

(6) A person holding land as an ijaradar or . farmer of the rent shall not, while so holding, acquire,

otherwise than by inheritance or devise, a right of occupancy in any land comprised in the ijara or farm.

(6) Notwithstanding anything contained in this Act, the relations between the landholder and the person let into possession under l[sub-section (2), (3) or (4)] shall during the period and for the purpose referred to therein be regulated by the contract between the parties.]

1 These words, breokets and fi s were substituted fof, the m*, bm0ket.s and iigwoa c 6 s u ' o t i o n (2) , (3) or (4) .by motion 3 of, end the Seaond Sohedulo to, the TamilNdu Repeellng Md Amending Act, 1966 (Tamil N u A t XXXVI of 1966).

658 Ealalca Land (1908: T, N. Aot I

RYO t '[&A. A person having a right of ocoupancy beooming a n d in land does not lose it by subsequently becoming holder, interested in the land as landholder or by subsequently ijara*r holding the land as an ijaradar or farmer of rent.] or farmer of rent. Resew&- 7. Nothing in this Act shall affect any right of a

landholder to make a reservation of mining mining rights. rights on admitting any person to possession of

ryoti land.

Merger of '[S. (1) Whenever before or after the commence- ocoupa- ment of this Act the occupancy right in any ryoti noy right. land vests in the landholder, he shall have no right

to hold the land as a ryot but shall hold it as a landholder, but nothing in this sub-section shall prejudi- cially affect the rights of any third person.

(2) Whenever before or after the commencement of this Act the occupancy right in any ryoti land vests in any co-landholder, he shall be entitled to hold the land subject to the payment to his co- landholders of the shares of the rent which may from time to time be payable to them and if such co- landholder lets the land to a third person, such third person shall be deemed to be a ryot in respect of the land.

(3) The merger, if any, of the occupancy right under sub-sections (1) and (2) shall not '[ * * 'I have the effect of oonverting ryoti land into private land.

1 This section was inserted by aeotion 4 of the T& Nadu Estates Lend (Amendment) Aot, 1934 (Tamil Nedu Aot Vm of 1934).

1 Thissectionwas substituted for the originel seotion 8 by seotion 7, aid.

The proviso to eub-motion (1) wae omitted by aeotion 4(i) of the Famil Nadu Estates Lend (Third Amendment) Aot, 1936 (Tamil Nedu Aot X M I of 1936).

4 The words, figure end braoketa "exoept in the w e referred to in the proviso to sub-seotion (I)" were omitted by seotion 4 (ii) of the T&mil Nadu Estates Land ( W d Amendment) AM, 1936 (Tamil Nadu Aot JMI of 1936).

i C

1908: T. N. Act I] Estates Land 669

f (4) Where after the passing of this Act, the I interest of the ryot in the holding passes to the land-

holder by inheritance, the landholder shall notwith- r I standing anything contained in this Act have the L right, for a period of twelve years from the date of

succession, of admitting any person to the possession of such land on such terms as may be agreed upon between them.]

'[i6) If before the first day of November 1933, the landholder has obtained in respect of any land in an estate within the meaning of sub-clause (d) of clause (2) of section 3 a, find decree or order of a competent Civil Court establishing that the tenant has no occupancy right in such land, and no tenant has acquired any occupancy right in such land before

$[Tamil the commencement of the "Tamil Nadu] Estates Land

Ep] (Third Amendment) Act, 1936, the landholder shall xvn~ ofif the land is not private land within the meaning 1936. of this Act, have the right, notwithstanding anything

contained in this Act, for a period of twelve years '[Tamil from the commencement of the '[Tamil Nadu] Estates Nadu] Land (Third Amendment) Act, 1936, of admitting XVIII of any person to the possession of such land on such 1936. terms aa may be agreed upon between them :

Provided that nothing contained in this sub- section shall be deemed during the said period of twelve years or any part thereof to affect the validity of any agreement between the Iandholder and the

2[Tamil tenant subsisting a t the commencement of the '[Tamil

1 Ndu] Estates Land (Third Amendment) Act, 1936.1 XVIII of 1936. 9. No landholder s h d as auoh be entitled to eject Pigat of

a ryot from his holding or any part thereof otherwise 1 andholder to e sot a ryoi.

than in accordance with the provisions of this Act. 10. (1) All rights of occupancy shall be heritable and Ooou~enos

shall be transferable by sale, gift or otherwise. ~ $ ~ ~ ~ ~ ~ $ l c 1 Sub-eeotion (6) wee added by seotion 4 (iii) of the Tamil Nadu

EateteaLend (Third Amendment) Aot, 1936 (Tamil Nadu Aot XVIJI of 1936).

1 Them worde were subetituted for the word "W' by the Tamil Nadu Adaptation of Lam Order, 1969, aa amended by the Tamil Nadu Adaptation of Lawn (Seoond Amendment) Order, 1989, whioh aame inbo forae on the 14th January 1969.

660 Esfutes Iiand [I908 : T.N. Aot I

(2) I f a ryot dies intestate l[ * * * * * 1 without leaving any heirs except the BIGovernment], his right of occupancy shall be extinguished but the land in respect of which he had such right of occupancy shall not cease to be ryoti land.

Use of land it. A ryot may use the ladd in his holding in any by the Tot. manner which does not materially impair the value

of the land or render it unfit for agricultural purposes.

Right of '112. (1) Subject to any rights which by custom ryottOtreee or by contract in writing executed by the ryot inholding. before the passing of this Act are reserved to the

landholder, every ryot shall have the right to use, enjoy, cut down, carry away or otherwise dispose of all trees now in his holding and in the case of trees which after the passing of this Act may be planted by the ryot or which may naturally grow upon the holding, he shall have theright to use, enjoy, cut down, carry away or otherwise dispose of them notwithstanding any contract or custom to the contrary.

(2) It shall be open to a ryot on payment to the landholder of such compensation as may be fixed by the Collector on an application made to him in that behalf, to acquire the rights reserved to a landholder by custom or by contract in writing executed as aforesaid in any trees which were in the holding of the ryot before the passing of this Act :

Provided that nothing contained in this sub- section shall be deemed to affect the rights of any third person or to entitle a ryot to acquire com- pulsorily the landholder's rights to any trees included in a tree-patta issued by him to a third person.]

4 1 The worde "in respeot of a right of oooupanoy and" were omit-

ted by seotion 8 of the T a i l Nadu Estates Land (Amendment) Aot. 1934 (Tamil Nadu Aot - VIII of 1934).

a This word wea substituted' or the word ''Crown'' by the Adaptation Order of 1960.

a This seotion waa substituted for the originel &ion 12 by motion 9 of the Tamil Nadu Estates Lend (Aumdment) Aot, 193(

(Tamil Nedu Aot V I I I of 1934).

- 7

1

! F

1948 : T.N. Act I] E.~tates Land 661 i. 1 13. (1) '[Neither' a ryot nor the landholder] sbr tiRight of

as such be entitled to prevent the other from makink "$yr;;ke f an improvement in respect of the holding except on the an r L ground that he is willing to make it himself. mont.

(2) If both the ryot and the landholder wish to make the same improvement, the ryot shall have the prior rigbt to make it, unless i t affects tlhe holding of another ryot under the same landholder, in which case t#e landholder shall have the prior right, I

a[(3) Notwithstanding any usage or contract to the contrary, the ryot shall not, by reason of his making an improvement a t his expense, become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised, as a consequence of such improvement.]

15. If a question arises between a ryot and the landholder, Power of Collector to

settle quesions (a) as to the right to make an improvement, or

~ ~ ; v ~ ~ e ' ~ ~ h (b) as to whether a particular work is or will

be an improvement, the Collector may, on the application of either party, decide the question.

16. (1) A landholder may apply t o '[the Collector] to register any improvement which he has lawfully Registration oi made or which has been lawfully made a t his?mdho'der's ~mprovement . expense or which he has assisted a ryot in making, - -- .--

1 Theae words were substituted for the Words " Where a ryot has a permanentright of occupancy in his holding neither the ryot nor the landholder " by section 10 (i) of the Tamil Nadu Estates L a d (Amendment) Act, 1934 (Tamil Nadu Aot KTII of 1934).

This sub-section was substituted for the original sub-section (3) of section IS by section I0 (ii), ibid.

3 Seation 14 was omitted by section 11, ibid. r These words m m substituted for the words "such Revenue

Offiwr ss the Local Government by may appoint" by section 3(2), &id.

126-19-46

5 62 'EstateLaralEa, [I908 : T.N. Act I

(2) The application shall be in such form, shall oontain such information, and shall be verified in such manner, by 1oco.l enquiry or otherwise, as the [StaBc Government] may by rule direct.

(3) The B[Collector] may reject it if it has not bcen made within twelve months from the date of the completion of the work.

Applica- tion to 17.(1) If any landholder or ryot uf a holding desires record that evidence relating to any improvement made evidence after the passing of this Act in respect of a holding shall 5s to improve- be recorded, he may apply to the Collector, who shall mont. thereupon, at a time and place of which notice shall

be given to both parties, record the evidence, unless for reasons to be recorded he considers that there are no grounds for the application.

(2) When any matter has been rccorcled undor this secticin, the record shall be admis~ible in evidencs in every subsequent proceeding between the landholder and ryot or any persons claiming u ~ d er i hem.

Land- holder's

8[17-A. Every landholder by himself or his duly right to authorized agent may a t all reasonable times enter enter on upon any land in his estate for any of the purposes and of this Act and may also measure any land for any mwum land. 8 ~ 0 h P U ~ P O ~ ~ ~ ~ . ]

18. Notwithstanding anything contained in sections Sscing ee 13 * * ] and 15, the ryots shall be entitled to 2~::: make temporary wells, wafer ohannels, embankments, ,,, levellings, enclosures or other worlrs or pctty alhra- cultivatio tions or repairs to such works as are made in the ordinmy course of cultivation and the provisions of seotion 17 shall not apply to suoh' works or repairs.

The words Provincial Government " were substituted for the words "Looal overnment " by the Adaptation Orcler of 1937 snd the word '' St.& '' was substituted for " Provincial " by the Adaptation Order of 1960.

"his word was ~ubstitutcd for the wordq a d officor receiving tho application" by reotion 3 (2) of the Tamil Nadu Estate8 Land (Amendment) Act, 1934 (Tamil Nadu Act VIII pf 1934).

Section 17-A wan inserted by motion 12, ibid. LThefigures "14" omitted by eeotion 13,

1908 : T.N. Act I] Estates Land 663

19. Except as otherwise specially provided in this $j;tz;; .";id- Act, the relations between a ryot and his tenants, holders with or between a landholder and a tenant of his private their tenants. land, and the rights of any other owners of land, are not regulated by the provisions of this Act.

1[20. (1) The Collector may, on the application of Collector to de- the landholcler or other person interested, dccide any ::$ ib ;v2z question as to whether any land is or is not of the ,,I l,,.d,, not description mentioned in 2[sub-clause (a) ( b ) or (c) of and tho custo. clause (16) of section 3,] or as to the custorni~ry righls iL~h;',:r$:ts in in the user of any land which is of any such dcscrip- tion, as existing a t the commencement of this Act.

(2) Any person aggrieved by such decision may within a period of one year from the date thereof institute a suit in the Civil Court to egtablish the right

'

elaimed by him in respect of such land but subject to the result of such suit, if any, the Collector's decision shall be final.

820-A. (1) Subject to such rules as the 4[State Powcr of Dis- trict Collrctor

Government] may prescribe in this behalf, the to divert dis- District Collector may on the application of the land- ;:t8ymmunal holder, a ryot or any other person interested-

1 Section8 20,20-A and 20-B Were substituted for the original section 20 by section 14 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Aot VIII of 1934).

These words, brackets, letters and figures were substituted for the mrda, brackets, letters,~nd figures " sub-clauses (a), (b) or (c) of clauso 16 of section 3 by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1966 (Tamil Nadu Act XXXVI of 1966).

3 Under section 61(1) of the Tamil Nadu Village Panchayats Act, 1960 (Tamil Nadu Act X of 1960), in estates governed by the Tamil Nadu Estates Land Act, 1908, the pmchayat shall have power subject to such restriotions and control as may be prescribed to regulete the use of lands which are set apart for my of the purposes referred to in section 3 (16) (b) of that Act and to exemise the power vested in the District Collector by section 20-A of that Aot.

The words " Provincial Governmunt " were substituted for the words "Local Governyent " by the Adaptation Order,,of 1937 and the word "State was substituted for "I?Tovincial by the Adaptation Order of 1960.

125-19- 3 6 ~

664 Estateo Land [I908 : T. N. Act I

(a) declare that any land or any portion of any land which is eet apart for any of the purposes referred to in sub-clauses (a) and (b) of clause (16) of section 3 is no longer required for its original purpose; and

(b) by order in writing direct-

(i) that any such land or portion in respect of +oh such declaration is made be used for any other specified communal purpose ; or

(ii) if such land or portion is not required for any communal purpose, that it be converted into ,[ryotwari land] or landholder's ryoti land aocordiilg as the reversionary rights in such land vest under the terms, express or implied, of the sanad, title-deed or other grant =[in the Government] or in the landholder:

Provided that before mttking any such dsclaration and order, the District Collector shell have due regard to any other customary rights of the landholder or the ryots in the user of such land or portion and shall satisfy himself that the exercise of such rights would otherwise be provided for adequately if the declaration and order are put into effect :

Provided further that in the case of any land of the description referred to in sub-clause (a) of clause (16) of section 3 the reversionary rights in which vest in the landholder under the terms, express or implied, of the samd, titledeed or other grant, any order under sub-clause (i) of clause (b) shall be made only with the consent of the landholder.

(2) Without the written order of the District Collector under clause (b) of sub-section (I), no land which is set apwt for any of the purposes referred to -- --

1 These words were substituted for the words "aovenunent land " by the Adaptation Order of 1937.

2 The word. " in the " were subtituted for the wor& in the Qovernment,," by the Adaptation Order of 1937 and the

word " Government Was substituted for " " Adaptation Order of 1960. by the

4

1908: T.N. Act I] Estates L a d 66 5

in sub-clauses (a) and (b) of clause (l6)of section 3 shkll be assigned or used for any other purpose. Nothing contained in this sub-section ahall affect or take away or be deemed to affect or take away the customary rights of the landholder or the ryots in the user of any such land.

20-B. (1) When the District Collector is satisfic d that g;;;;60ueot- no land is set apart for any of the purposes mentioned or ,, aoquirb in sub-clause (b) of clause (16) of section 3, or that larid for oom- any land so set apart are used is inadequate for ~ u ~ ~ P w J o * ~ ~ the purpose, he may, after giving notice to the landholder and the other persona, if any, affected and after making such inquiry as he thinks fit, determine the land or additional land needed for the purpose, and apply to the "State Govern- ment] for the acquisition of such land under EEf the Land Acquisibion Act, 1894. On such application,

1894. the l[State Government] may pass an order directing the District Collector to take order for the acquisition of such land under the said Act. Thereupon the provisions of that Act shall apply as if the '[State Government] had direoted the District Collector to take order for the acquisition of such land under seotion 7 of the said Act and the land shall, after such aoquisition, be set apart for the purpose for which it is acquired.

The cost of such acquisition including all charges incidentalthereto, shall be borne by the l[Sbte Govern- ment], any local authority or authorities having jurisdiction over the area in which the land is situated, the landholder and the ryots or other persons benefited thereby in such proportions as t b Distriot Collector m y fix. If a local authority, landholder, ryot or other person makes default in paying its or his sham, if any, of such cost, the District Collector may recover suoh share-- - _ _ - - -

1 The words " Provinoisl Fvemment " were rmbstituted for the "Loael $ o v o ~ n t by the Adsptation Order of 1937

word Btafe clubetitutrd for " fiorinoid " by the Adaptation Order of 19116.

Eviction of persons. occupying communal lands contrary to rule.

666 ' Estates Land ti908 : T.N. Act 1

(i) in the case of alocal authority, in such manner as may be prescribed ; and

(ii) in the case of a landliolder, ryot or other person, in the same manner as an arrear of land-revenue.

(2 ) Subject to such rules as the '[State Government] ma y prescribc in this behalf, the share, if any, of such cost payable by a ryot under this section together with interest thereon a t six per cent per annum may, a t the discretion of the District Collector, take the form of annual payments, the amount of suoh paymen* being fixed with due regard to the prevailing rents.]

21. Any person occupying 8[any of the lands mentioned in sub-clauses (a) and (b ) of clause (16) of section 31 for any purpose other than that for which the land is so set apart or contrary to the rules framed by the l[State Government] may a t any time within thirty years from tho commencement 'of such occupation be summarily evicted by the Collector in the manner provided by the pamil N adu] Land Encroachment #[Tamil Act, 1906, and any crop, product, construction or z?JI thing raised, erected or deposited on or upon the lands 1g08. shall be applied to such communal purposes as the District Collector may adjudge.

Application of 22. The provisions of sections 10 to 14 of the a[.r,,il provisions

Nad$ '[Tamil Nadu] Land Encroachment Act, 1905, shall N d u Aot ILI and Enaroach- apply, as far as may be, to '[orders under section 211 of 1906.

Act to of this Act. ordern 11nder --- -- .-- Seotion 2 1. 1 The words " Provinoial Government " were substituted for

tho words " Local Government " by the Adaptation Ordor of 1937 end the word ' I State " was substituted for " Provincialw by the Adaptation Order of 1950.

2 These words, figures and letters were substituted for the words end figures "any of the lands mentioned in seotion 20 by seotion 16 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Aot VIII of 1934).

3 These words were substituted for the word " W a s " by the Tamil Nedu Adaptation of Laws Order, 1969, as clmended by the Tamil Nadu Adaptstion of Laws (Seoond Amendment) Order, 1969, which came into forae on the 14th January 1969.

4 These words and figures were substituEd for the word. and ?gums "ordera under seotions20 and 21 by section 16, oft],,,

a am.1 Nsdu Eytrdc s L ~ n d (Amend-- 1:n: ) Ar , I ?"d (Talrsil Nadu Aot V111 of 1934). d

1908 : T.N. Act I] E,-:n?es Land 667 - l[23. Where in any suit or proceeding it becomes Presumption

that inam necessary to determine whether an inam villago w. f

or a separated part of an inam village was or was estate^. not an estate within the meaning of this Act, it stood before the cornmencement of the '[Tamil Nadu]

NaduIAot Estates Land (Third Amendment) Act 1936, it XVIIIof shall be presumed, until the contrary is shown, that lg3" such village or part was an estate.]

CHAPTER 111.

24. The rent of a ryot shallnot be enhanced except Restriction as provided by this Act. on enhanae-

ment.

25. '[A ryot] admitted by the landholder afterRent the commencement of this Act to possession of ryoti on admission land 4[ * * *I '[shall not, unless otherwise $ PO&$eez

,provided in this Act, be bound to pay rent a t a rate .fb, co-en,. exceeding] the rate prevailing for similar lands with ment of Act. similar advantages in the neighbourhood. or, in case such rate cannot be ascertained s[exceeding such rate] as the Collector may on application decide to be fair and equitable.

Nothing in this section preclude8 the landfiolder g t $ to from receiving any premium when the ryot ispm*w. admitted info poasersion ; but a ryot so admitted

. - 1 This motion was inserted by soction 6 of the Tamil Nadu

Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Act XVIII of 1936).

Theee words weere substituted for the word " Maclram " by the Tamil Nadu Adaptation of Laws Order, 1969, aa amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which aame into fome on the 14th January 1969.

The words '' A ryot " mere substituted for the words '' Every ryot ", the words " shall not, unless otherwise q ~ v i d e d in thia Aot, be bound to pay rent a t a rate exceeding were substi. tuted for the y r d s " shall be bound to pay rent st s rthe not exoeeding and the wordn " exceeding ~ o h mte" were substituted for the words " at suoh rate" by seotion 18 of the Tamil Nadu Estates W d (Amendment) Ad, 1934 (Tamil Ndu Aot V I l I of 1934).

4 The mmb "ot&er than old waae " worm smitpd by ibil.

668 Estates Land , [I908 : T.N. Act

shall under no circum8tanocs become liable to mako any payment to the landholder after his admission by way of premium or other consideration for such '

admission ; nor shell any holding of the ryot be subjected to any charge in respeat of any such premium or consideration or part thereof.

Enhancement 26. (1) Where for the purpose of clearing and of rent bringing waste land in the estate into oul tivation or OF'dmy for the p u p s o of making any permanent improve- fixed at a ,, ment or for planting trees on the holding or where in oonaideratio~~ under a oontract made prior to the commenaement of

b r i w i ~ tRi~ Aot for any premium, loan or other valuable waste land into dtimtiOn consideration, a ryot has accepted a '[patta] from or qr of making hae entered into an engagement with his landholder lmprOvemmt at a r&e of rent lower than tho lawful rate previously upon the holding. payable upon the land or than the rate lawfully

payable upon land of similar description and with similar advantages in the neighbourhood, such rent shall not be liable to enhancement during the period for which such lower rate is payable by contract or custom, so tong as the ryot shall substantially fdfil the terms upon which and the purposes for which such lower rate was allowed.

(2) After the expiry of the period for which such lower rate of rent is payable or if the terms upon a hioh and the purposes for which such lower rate was allowed have not been subst~nt idy fulfilled, the landholder shall be enfitled to the full rate.

(3) Except as provided by sub-section (I ) no rate of rent a t which land may havo been granted by a landholder shall be binding upon the person entitled to the rent after the lifetime of the landholder if such rate is lower than the lawful rate payable by the ryot before the date of the grant upon the land or upon land of similar desoription and with similm advantage in the neighbourhood.

1 Tbia word wee aubatituted for t,he word "pi1ttrrh" by eeotion 2 of the Tamil Nadu Batcltes Lend (Amelidmoat) Act, 1954 (Temil Nadu Aot V I I I of 1984). '4


27. If a question arises as to the amount of Presurnr)t~on rent payable by a ryot, or the conc?itions under which as of rent to amount and he holds in any revenno year, he shall be presumed, conditions of until tho contrary is shown, to hold at the same rate holding. and under the same conditions as in the last preceding revenrro year.

28. In all proceedings under this Act the rent or Presumption rate of rent for the time being lawfully payable by a as to fair rate of rent. ryot ahall be presumed to be fair and equitable until the contrary is proved :

' [Provided that in the case of an estate within the meaning of sub-clause ((a) of clause (2) of section 3, the rent or rate of rent lawfully payable by a ryot or tenant on the first day of November 1933 shall be presumed to be fair and equitable at the commence~ient of the 'pamil Nadu] Estates Land (Third Amend- ment) Act, 1936, until the contrary is proved.]

of 29. Where for any land in his holding a [a ryot] Warm rates

pays rent according to the " Waram " (that is, the :at. . established rate of the village for dividing the crop between the landholder and the ryot) with or without an addition in money, or otherwise in kind or on the estimated value of a portion of the crop, or at rates varying with the crop OF partly in one of these ways and partly in another or others, such rent shall not be liable to enhancement.

30. Where for any land in his holding a ryot Enhancement of rent by pays a. money rent the landholder may ' [apply to

the Collector] to enhance the rant on one or more of the following grounds and no others-

- -

? 1 This proviso was added by tt 1 . on 6 of the Tamil Nadu

Estates Land (Third Amendm . t) Act, 1936 (Tamil Nadu Act XVIII of 1936).

1 * Theee words Were substituted for the word "Madras " 1 1 the Tamil Nedu Adaptation of Laws Order, 1969, as mended by I 1 the Tamil Nadu Adaptation of Laws (Second Ammdment) Order, I/! 1969, which came into force on the 14th January 1969.

a These words were substituted for the words ' an occupancy ryot ' by section 19 of the Tamil Nadu Estates Land ( h e n d . ment) Act, 1934 (Tamil Nadu Act VIII of 1934).

4 These words were syptituted for the words " imtitute a nuit before the Collector by seotion 20, ibid.

678 Estates Land 11908 : T.N. Act I

(i) that during the currency of tho existing rent there hae been a rise in the average local prioea of rtaple food-orop~~ in the trtluk or zamindari divieion :

(a) Provided that if the rent be permanently payable at a, fixed rate or rates it shall not be liable to be enhanced under this dause on the ground of a rise in prioee:

(b) Provided also that no enhancement uhdw thir clause shall raise the rent by more than two annaa in the rupee of the rent previously payable for the land ;

(ii) that during the ourrency of the existing rent the productive powere of the land held by the ryot have been inoreased by an improvement effected by, or at the expense of, the landholder ;

(iii) that a work of irrigation or other improvement has been executed a t the expense of 1 [the Government], and . the landholder hsr been lawfully required to pay in respeot of the holding an additional revenue or rafe to [the Government] in coneequenoe thereof ;

(iv) that the produative powers of the land held by the ryot have been incmaaed by fluvial aetion.

Explanation.-"Fluvial action" includes a change in the course of a river rendering irrigation from the river practicable where it was not previously practicable.

Bubr cr to anbanoemcnk 31. Where an enhancement is claioied under ,f on 6he rect ion 30, clause (i)- sro'ouad of a rim in pricer. (a) the Collector shall compare the average prices

during the ten years immediately preceding the a[applioation ] with the average prices during the ten years ending twenty years immediate] y before the e[applica- tionl ;

1 The words " the Crown " were substituted for the word '* Governmelit " bv the Adaafetio?' Order of 1937 md the word

Government " wis subetit;ted for :' Orown "by t h e ~ d * ~ t , e t L n Order of 1950.

8 The word '' spplicstion " was ~ubstit~uted for the nor& " institution of the 8uit "by section 21 of the Tamil Nsdu Eataten Land (Bmeabaent) A&, 1984 (Tamil Nsdu Act V11Zf of 1934).

i 1908 : T.N. Act I] Est~tes Land 671 r

(b) if in the opinion of the CoUector it is not -

practicable to take the decenni ,1 periodi mentioned in cbuse (a), the Collector may, in his discretion, substitute any shorter periods therefor ;

(c) the average prices by which the Collector shall be guided shall be those published under the authority of the ' [Ptate Government] and the Collector shall presume that the prices shown in the lists prepared for any year subsequent to the passing of this Act are correct and may plesume that the prices shown in the lists prepared for any year prior to the passing of this Act are correct unless and until it is proved that they are incorrect ;

(d ) the decennial periods takcn for the comparison of average prices shall be periods of ten years excluding all years which the '[Btate Government] may notify to be, or to have been, famine years in respecf of any local area ;

(e) the enhanced rent: shall bear to the previous rent the same proportion as the averzge prices during the last decennial period bear to the average prices during the previous Cen years taken for purpose8 of comparison : Provided that, in calculating this proportion, the average prices during the later peribd shall be reduced by one-half of their excess over the average prices during the or~rlier period.

32. (1) Where an otih?ncement is claimed under ~ d e s aa to enhancement motion 30, clause (ii)-. . of rent on the ground of

(a) the Collector s l ~ ,il not gritnt an enhancement landholder'" improvement. unless the improvcme~lt has been registered in accordance with this Act or has been executed within fifteen years preceding the commencement of this Act ; --. ---

r me words " Provincinl Go~ommont " wore substituted f ~ v the words " Local Government by the Adaptation Order of 1937 and the word "State" was ~ubst~ituted for " Provinaial " by +,he Adaptstien Order of 1980.

673 E8tates h .nd [I908 : T.N. Act I

(b) in determining the amount of enhancement the Collectior uhslll have rega~d to-

(i) tihe increaae in the productive powers of the land caused or likely to be caused by the improvement ;

'[(ii) the cost of maling the improvement and the proportion in which such cost was borne by the landholder and by the ryot ;]

=[(iii) the probable cmnnrl cost of minbelunee of 8he improvement-

(a) to *he landholder ; and

2[(iv)] the cost of the preparation and eulti- vasion required for utilizing the improvement ; and

the existing ren$ and the ability of the land bo bear a higher rent.

[(2) Before exeouting any improvemenb the landholder may, with the previou sanotion of the Clolleotor, enter into a contraot with the ryot for the payment of Ltn additiional rent in consideration of moh improvement. On the improvement being effeoted the Landholder shall apply to the Colleotor for registration of the eame, and the Colleotor after satisfying himself that the sanctioned improvement has been executed, shall register the same. On or after suoh registration and on the application of the kndholder to enforce such contrrtot, the Collector m y

- 1 Thia eubslauae waa substituted for the original eub-ohuse

(ii) by neation 22 (i) (a of the Tamil ??du Eataterr Land (Amend- ment) bl, 1034 (Tamil h t VIII of 10114).

* New sub-elwm (iii) wha inserted and tha original mb-ctlhuaen (iii) and (iv) were renumbered M sub-clsurrea (iv) and 1 (v) ma. peotivelg, by seation 22 (i) (b), W.

New mb.seotion (2) was insrrted Ad the originel mb-mtion (2) wna renumbered EU nub-motion (8) by amtion 21 (ii) (a), W.

i

1908 : T.N. Act I] Estate Lanh 67 3

pass an order granting such enhancement, not exceed- - ing the 2,dditional rent mentioned in the contrast, gs is found by him to be reasonable with due regard to the consideration apeoified in clsuae (b) of aub-

' section (l).]

[(3)] An enhancement 2[ordered] under this section shall, on the application of the ryot or hia Guccessor in intereet, be subject to revision by the Collector in the event of the improvement not produc- ing or ceasing to produce the estimated effect.

33. Where an enhancement is claimed under Rules as to section 30, clause (iii), the rent may be enhanced by $ ~ ; ; ~ ~ ~ o the sum 01 proportionate part of the sum whioh the srounaof landholder has lawfully to pay to S[the Government) improve- on account of the improvement made by '[it]. men6 br tho

Governmmt .

34. Where an enhancement is claimed under rule^ rr t o section 30, clause (iv)- enhance-

men* (a) the Collector shall not take into account of pent on

any increase which is merely temporary or casual ; (b) the Collector may enhance the rent to such~tion*

an amount as he may deem fair and equitable, but not so as to give the landholder more than one-half of the value of the net increase in the produce of the land,

35. Notwithstanding anything contained in E U ~ ~ ~ O , . sections 31 to 34, the Collector shall not in any case menbof N**

to ba f8ir '[order] any enhancement which is under the circume- 4 equitable.

1 New sub-sertion (2) wns inserted and tho original sub- section (2) was relmmbered 8 s sub-section (3) by section 22 (ii) (a) of the Tam11 Nadu Estates Land (Amendment) Ac*, 1934 (Tamil Nadu Act VTII of 1934).

a This word was substituted for the word "decreed" by seotion 22 (ii) (b), ib4d. * The words "the Crown" were substituted for the word "ao~ernrnent'~ by tho Adaptation Order of 1037 and tho word "&vemment" wcs substituted for "Crown" by tho Aclnptation Order of 1960.

4 Thi8 word wan rubstituted for the word "them" by tho Adapt~tion Order of 1937.

r This word wae substituted for the word "deoreo" by section 23 of the Tamil Nadu Estates Land (Amendment) Acb, 1934 (Tamil Nadu Act lTII of 1914).

574 Estata Land [I908 : T.N. Act I

Power to order enhancement to, be gradunl.

Limitst ion of time to bring ruaaesbive sppliaatiolu for enhanae- ment of nnt.

Muation of rent b~ applioetion.

tances of the case unfair or inequitable, or whiab would operate so as to raise the rent beyond the value of the established waram of the village in which the holding is situated, commuted in accordance with the provisions of section 40.

86. If the Collectol. '[ordering] e~hmlcemont under clauses (i), (ii) and (iv) of section 30 considers that the immediate enforcement of l[the order] to its full extent willbe attended with hardship to the ryot, he may direct that the enhancement shall be gradual; that is to say, that the rent shall increase yearly by degrees for any number of years, not exceeding five, until the limit of the enhancement '[ordered] has been reached.

An application for enhancement of rent on the ground of a rise in prices shall not be entertained, if, within the twenty years next preceding the 'application, the rent has been enhanced or reduced on the pound of a rise or fall in prices or commuted or a suit or an application for enhancement or reduction of rent on the ground of a rise or fail in prices has been dismissed on the merits :

Provided that nothing in this section shall, in respect of pending suits, affect the provisions of rule 1 of Order XXIII of the Code of Civil Procedure, 1908.1 C ntrel

Act V Reduction of Reat. of 1808.

38. (1) Where for any land in his holding *[a ryot] pays a money rent, he may S[apply to] the Collector for the reduction of his rent on one or more of the following grounds and on no others-

(a) that the soil of the holding has, without the fault of the ryot, become permanently deteriorated by a deposit of sand or by other specific cause, sudden or gradual ; or

1 The words "ordering ", "the order" and "ordered" wem substituted respectively for the words "passing a decree for" "the docree" and "decreed" by section 24 of the Tamil Nad; Estates Land (Amendment) Act, 1934(Temil Nadu Act VIIIof 1934)

: This section was substituted for the original swtion 37 b; j

motion 26, ibid. The w&ds, ,"e ryot" were substituted for the worb asn

~ooupanoy ryot end the words "apply to" were Substituted for +>eworde"institutee suit before" by motion 26 (i) , dm.

f 1908 : T.N. Act I] Estatea Land 5 76

( b ) that, in the case of irrigated land, there has becn a permanent failure of supply from the irrigation work on which i t is dependent : or

.(c) that during the currency of the existing rent there has been a fall not due to a temporary cause in the average local prices of staple food-crops in the taluk or zarnindari division.

(2) '[On such an application being made], the Collector may direct such reduction of the rent as he thinks fair and equitable and, in settling the amount of reduction under clause (c) of sub-section (l), shall have regard to the considerations specified in olauses (a), (b) , (c) and (d) of section 31.

=[39. When in a suit or on an application under Limitati." of tinu to clause (c) of sub-section (1) of section 38, a decree or briw order has been passed reducing the rent or dismissing nuccssrire the suit or application on its merits, no fresh application epplicatioar for d u o e t u shall be entertained under the same clause if made within twenty years from the date of such decree or order :

Provided that nothing in this section shall in respeot of pending suits affect the pro6sions of rule 1 of Order

~,,t v of XXIII of the Code of Civil Procedure, I908.l

a[39-A. ( 1 ) Notwithstanding anything contained in R~aiwier this Act, where the rent of any land has been enhanced

of rent by mppliemti~m.

under section 30 or commuted under section 40 or has been settled under Chapter XI, a ryot may present an application before the Collector for the remission of the rent payable by him during any particular revenue year on the ground that the average local ~r ices of staple food-crops in the taluk or zamindari -

1 meae words were substituted for the words "In any nuit instituted under this section" by section 26 of the'Tami1 Nadu Eatntes Land (Amendmont) Act, 1034 (Tamil Nadu Act VIII of 1934).

a f f i i r rection was substituted for the original nection 88 by motion 27; {bid.

8 Section 30-A was inserted bysection 2 of the Madrcra Eatator Land (Amendment) Act, 1936 (Madras Act, VI of 1936).

6 76 Estatecr Land [I908 : T.N. Act 1

division during the twelve months ending with the 31st Masoh of that revenue year were lower by not less than 189 per cent than the average prices on whioh rent in regard to such land was partly or wholly baaed:

Provided that, where after a commutation under section 40 or a settlement of rents under Chapter XI, the rent of the land has been enhanced or reduced under l[the provisions of clause (i), (ii) or (iv) of section 30 or of section 38,] regard shall be had to the prices on which such enhancement or reduction has been wholly or partly based.

(2) The rent after remission shall bear to the rent lawfully payable for the time being, the same proportion t~ the average prices during the twelve months ending with the 31st March of the revenue year, in respeot of whioh such remission of rent is claimed, bear to the average prices, on the basis of which the rent has been previously fixed :

Provided that the rent after remission shall not %e less than the rent payable by the ryot before the enhancement made under section 30.

(3) No application under sub-section (1) shall be maintainable unless sixty days' notice in writing has previously been sent to the landholder by registered post on or before the 30th day of April of the revenue year in respect of which remission of rent is claimed specifying-

, (a) the names and addresses of the applicants ;

(b) the extent and description of the holding or holdings in respeot of which remission is claimed, if such application does not relate to an entire village ;

(c) the cause of action for the relief claimed ; and

(a) the relief claimed.

1 Them worde,breckets and figures were substituted for the words, brackets and flgwea "the provisions of clauses (i), (ii) or (iv) of eection 30 or of motion 38" by seotion 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1966 (Tamil Nadu Act XXXVI of 1966).

b (4) The appliatjon shad be made before the 1st b- day of September of the revenue year following that : in respeot of which the remission of rent is claimed and ; shall not be liable to be dismissed on the mere ground 1 th& s-hch rent had been previously or subsequently

paid or realized.

(6) The pendency of an application under sub-section (1) or of an appeal under sub-section (7) shall not by itself debar a landholder from recovering the rent lawfully payable for the time being from the ryot, but the Collector may stay proceedings for the recovery of such portion of such rent on such terms as he may deem fit. In doing so, the Collector may direct the p a p e n t of the remaining portion of the rent to the landholder or his authorized agent in the presence of the Collector or any officer authorized by him and within such time as the Collector may h.

(6) On the makingof an application under sub-section (1) the Collector shall after enquiry in accordance with the rules made under this Act, determine the amount of the remission to be granted to the ryot.

(7) The order of the Collector under this section shall be find subject to the result of an appeal to the District Collector to be preferred within thirty days of the date of the Collector's order and shall not be questioned in my civil court.

(8) If, within thirty days from the date of the original order or from the date of the order passed on appeal by the District Collector, as the case may be, granting remission, the landholder fails eithw to refund to the applicant or applicants or to adjust towards any rent due in respect of the holding or holdings oovered by the application from the applicant or applioante, the whole or any portion of the rent remit- ted, the applicant or applicants concerned may apply to the Collector for the recovery of the amount or ba187108 due together with interest at six per cent per axmum from the date of the order granting remission. On moh application, the Collector may, &er satiafg-

678 E8tatea L a d [I908 s T.N. Act I

ing himself that the amount or balance is still due, proceed to recover the a m e as an arrear of land- revenue.

(9) The District Collector shall, in the month of April of every year, publish in the District Gazette and at each tduk offioe, lists of average market prices of staple food-crops in each taluk for the twelve complete ,

months preceding such publication and such lists shall, in any enquiry under this section, be conclusive evidence of the prices of such crops in such locality at such time :

Provided that a reasonable deduction may be made for the cost of carting the crops to the market.]

Commutation of rent.

Oommuts- tion by 40. [(I) Where for any land in his holding a ryot ,it ofrent pays rent in kind or on the estimated value of a por- p e ~ b l e tion of the crop, or at rates varying with the crop, in kind. whether in cash or in kind, or partly in one of these

ways and partly in another, or partly in one or more of these ways and partly in cash, either the ryot or tihe landholder may apply to the Collector to have the rent on the holding commuted to a definite money rent. i

(2) Qn such application, the Collector shall pass an order declaring the sum to be paid aa money rent in lieu of rent in kind or otherwise. The oommutation shall take effect from the beginning of the revenue year next after the date of such order.]

(3) In making the determination the Collector shal have due regard to each of the following oonsiderations :-

(a) the average value of the rent actually accrued , duo to the landholder a[during the ten years preceding the date of applic&ion] other thah the yeam which /

1 These sub-seotiona wereaubatituted for the origins1 sub-motions (1)and (2) by eection 28 (i) of the Tamil Nadu E s t s k Lsnd (Amendment) Act, 1934 (Tamil Nadu Aot MI of 1934). I

These words were substituted for the worde "during the preoeding ten yeare" by motion 28 (ii), M. .

.I

1908 : T.N. Act I Eetale~ Land 679

the l[Sta,te Government] may notify to be or to have been famine years in respect of any local area or, if the value for such period cannot be ascertained, during

I my shorter period for which evidence may be available i excluding famine years;

(b) the money rent payable by a [ryots] for land of a similar description and with similar advantages in the same village or neighbouring villages [or where there are none such, in the village of a neighbouring taluk] ; a d

{c) improvements effected by the landholder or the ryot in respect of the holding, and the rules laid down in section 32.

41. (1) Where the rent of a holding has been com- Prohibition muted under section 40, it shall not, except on the :zttement grounds specified in olauses (ii) and (iii) of section 30 or or on the ground of a subsequent alteration of the area of rent for of the holding, be enhanced for twenty years, nor shall Fzdzfter it be reduced for twenty years save on the ground of comuta. alteration in the area of the holding or on the ground tion. specified in clauses (a) and (b) of sub-section (1) of section 38.

(2) The said period of twenty years shall be oounted from the date on which the commutation takes effect.

Alteration of rent with area.

42. (1) Every ryot shall-

(a) be liable to pay additional rent for all land Alteration proved to be in excess of the area for which rent has ;;zitf 'been previously paid by him,unless it is proved that the alteration

in arm. 1 The words "Provincial Government" were substituted for

the words "Loaal Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

a The word "ryots,'" was substituted-for the words "occupancy ryot8"and the words or where there are none such, in the village of a neighbouring taluk" were inserted by section 28 (iii) of the Tamil Nadu Eatatem Lend (Amendment) Act, 1934 (Tamil Nadu Aot V I I I of 1934).

126-19-37~

580 Estates Land [1908 : TN. Act I

excess is due to the addition to the holding of land which having previously belonged to the holding was lost by diluvion or otherwise without any reductipn of the rent being made; and

(b) be entitled to a reduction of rent in respect of any deficiency proved to exist in the area of his holding as compared with the area for which rent has been previously paid by him unless it is proved that the deficiency is due to the loss of land which ww added to the area of the holding by alluvion or otherwise and that an addition has not been made to the rent in respect of the addition to such area.

(2) l[ * * * * * ] In cases of dispute, no alteration of the amount of rent under this section shall be allowed except under the order of the Collector upon application made to him for that purpose by the landholder or the ryot concerned.

8[(3) Notwithstanding asything contained in sub- seotion (2), where by agreement in writing the rent is fixed in proportion to the area or where by agreement in writing the rent is k e d on the basis of an assumed area and the agreement provides for the alteration of the rent when the actual area is found to vary from the assumed area, it shall be lawful for the landholder or the ryot to enforce as increase or decrease of the rent, aa the case may be, in consequence of an increase or decrease of area, measured in the same unit.]

Rules for M. ' [(I) Upon an application under sub-seotion (2) the determi. of section 42 being made, or in proceedings in which it rntion of ie olaimed to enforoe an inoreme or deorease of rent as alteration of rent with 1 The words "Provided that *' were omitted by seotion 29 (i) am. of the Tamil Nadu Estetee Lend (Amendment) Aot, 1934 (Tamil

Nedu Aot MI of 19%).

Sub-mation (3) wee added by seotion 29 (ii), ibCd.

Seation 43 wee omitted by seotion 30, ibid.

4 Thie sub-eeotion was substituted for the originel sub-seotion I1 ) by section 81, W.

1908 : T.N. Act I] Estates Land P : provided in sub-section (3) of that section, the Collector i

shall determine the area for which rent has previously been paid and the amount, if any, to be added to or deducted from the rent.]

(2) In determining the area for which rent has been previously paid, the Collector shall have regard to each of the following considerations :-

(a) the origin and conditions of the occupancy- for instance, whether the rent was a consolidated rent for the entire holding ;

(b) any reason which may have led the landholder to permit the ryot to hold the additional land whether in consideration of an addition to his total rent or otherwise;

(c) my reason which may have led the ryot to oonsent to hold a reduced area without a corresponding reduction in his rent ;

Explanation.-In determining whether the landholder has permitted the ryot to hold the additional land or whether the ryot has consented to hold the reduced area without a corresponding reduction in

t rent, the Collector may take into consideration the length of time during which the occupancy has lashd without dispute as to rent or area ; and

(a) the length of the measure used or in local use at the time of the origin of the occupancy as compared with that used or in local use a t the time of the application.

(3) In determining the amount to be added to the rent, the Collector ehall have regard to the rates payable by ryots for lands of a similar description and with similar advantages in the village or neighbouring;

t villages, and shall not in any case fix any rent which t in the circumstmces of the case is unfair cr inequitable.

(4) When the landholder or ryot is unable to indicate any particular land as held in excess, the rent

Estates Land [I908 : T.N. Act

Application of ChapterIV t o all ryots. Right of ryot and landholder to obtain patta and muchilika.

to be added on account of the excess area may be cal'culated at the average rate of rent paid on all the lands of the holdings exclusive of such excess area.

(5) In case of abatement the deduction from the rent shall be proportionate to the diminution in the total yearly produce of the holding or, in default of satisfactory proof thereof, the deduction shall be proportionate to the diminution in the area of the holding.

(6) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.

CHAPTER IV. '[PATTAs] AND [MUCEILIKAS.]

50. (1) The provisions of this chapter shall apply to all ryots ' [ * * * * * * 1.

(2) Every ryot shall be entitled to call upon his landholder to grant him a 8. [patta] for any t;unen% revenue year and every landholder sklall he entitled to call upon his ryot to give him a S[muchilika] for any ourrent revenue year in exchange for a [patta].

'[(3) The ryot shall a t his request be entitled to have all the lands in his possession in s single village entered in a single patta.] . -

1 Section 45 was omitted by eeotion 32 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

a Sections 46 to 49 end the heading thereto were omitted by section 33, ibid.

The words "patte ", "p8ths,' ' "muohilib, " and "muchili- b s " were substituted reapeotively for the words "puttah," "puttahs," mucha1ka"and "muohslkas" by seation 2, ibid.

The words "with a permanent right of oooupanoy and also so far as may be to ryots holding old waste under a landholder other- aiee then under 8 lease in writing" were omitted by motion 34 (i),

' icrd. .5 This sub-seotion web added by section S4 (ii), &id.

1908 : T.N. Aat I] E8tate.8 Land

i 51. (1 ) The lCpatta] shall contain t h 6 names of the Contents ot parties; the local description and extec t of the land; ~ ~ ~ i ~ ~ . 1 the rate or amount and nature of the rent pspble thereon, according as i t may be payable in money, in kind or by a share of the produce; "any sum payable by the ryot on account of pasturage fees or fishery rents]; any local tax, cess or fee or charge payable with the rent according to law or usage having the force of l&w; the period or periods at which s[they shall be paid], the date of the lbatta] and all special terms by which it is intended that the parties shall be bound and shall be signed by the -landholder. The l[muchilika] may, at the option of the landholder, be a counterpart of the l[patta] or a simple engagement to hold according to its terms and shall be signed by the ryot.

(2) Any stipulation in restraint of cultiva.tion or of harvesting by a ryot or for the giving up .of possession of his land by '[a ryot] at any specified time shall be void and of no effect.

52. (1) lpattas] and l[muchilikas] may be exchan- Per;od for ged for periods of one or more revenue years, but no whichpattas

and muchili- landholder shall be bound to tender, and no ryot to kas maybe accept, a l[patta] for a period of more than one revenue exchanged. year.

1 The words "path, "'lpsttas,"' 'muchi1ika"and "muchilikas," were substituted respectively for the words "puttah, ' ' ' 'puttshe", "muohelke" and "muohalkas" by section 2 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

a These words were inserted by section 35, Qid.

3 Theae words were substituted for the words "such rent, ocal fax, cese, fee or charge is to be paid" by {bid.

4 Theae words were substituted for the words "an ocaupanoy ryot " by iMd.

Estates Land [I908 : T.N. Aet I

(2) Subject to the provisions of sub-section (3), the tender of a '[patta] orl[muchilika] and the demand for a l[muchilika] or l[patta] shall be made within twelve months of the commencement of the period to which the l[patta] or l[muchilika) relates.

(3) lpattaa] and l[muchilikas] accepted, exchanged or decreed for any revenue year shall remain in force until the commencement of +he revenue year for which fresh l[pattas] and l[muchilikas] are accepted, exchanged or decreed : provided that where a l[patta] or l[muchilika] has continued in force for more revenue years than one, no fresh l[patta] or l[muchilika] for the same holding shall take effect until the commencement of the revenue year next succeeding that in which it is tendered, accepted, exchanged or decreed.

PBtta to be '[a. The tender of a l(patta) may be made to tendered. Ihe ryot '(by delivering a copy to him or to some

d u l t male member of his family or to hie authorized agent or when such service cannot be effected, by affixing a, copy in the village chavadi or, if there ia no village chavadi, in some conspicuous pbce in the village and by sending a copy by post to the ryot a t his last known place of residence), or, if the Collector on the application of the landholder shall so permi*, in respect of any estate or any portion of an estate, by

1 ThewordsUpatta," "pattas," " muohilika," and "muohilikos** weresubstituted respectively for th3 words " puttah," " puttab,' "muchalka "and " muchalkas," by section 2 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIU of 1934).

2 Seotion 63 was omitted by motion 36, ibid.

% Sub-seotion (1) of seotion 64 was renumbered as motion 64 end eub.section (2) thereof was omitted by seotion 37 (l), ibdd.

4 These words were substituted for the words and figure8 ('in the manner provided for the service of notice under sub-section (2) of section 78" by section 37(2), &id.

1108 .N. Act I ] Estate Land 686

filing it in the office of the'collector or such other officer as the '[State Government] may by general or special order direct, and, if so filed, the Collector or such officer shall cause the ypatta] to be served on the ryot in the aforesaid manner at the cost of the landholder '(and shall forthwith give intimation of the date of service to the landholder by post).]

@[ * * * *]

55. When a landhol;der, for three months after su i t to demand, fails tio grant a 2[patta] ih such terms as the Ob"iPpatta- ryot is entitled to receive, it shall be lawful for the ryot to sue for such a 2 [patta] before the Collector.

56. When a ryot for one month after tender fails fj$:$e to accept the '[patta] tendered to him and to give a,ceptenoe of a s[muchilika] in exchange, the landholder may sue patta. before the Collector to enforce acceptance of such 2Cpatta-J.

&[57. In adjudicating suits under sections 55 and ~~$~~~~ 56 the Collsctor shall proceed as herein mentioned. ,f,it, If he finds that the defenbnt is not bound to grant or to enforce

ant or accept a patta he shall dismiss the suit. If he finds ZceFtance. that the defendant is bound to grant or accept a patta of he shall decide whether the patta demanded or tendered is a proper one and if he so finds shall pass a decree directing the defendant to grant the patta in exchange for a muchilika or accept the patta, and give a muchilike in exchange. If the ColIector finds that the patta demanded or tendered is not a proper one he shall decide what the terms of the patta should be and shall embody such termsin the decree passed by him and the decree shall be ofthe same force and effect as if a patta and muchilika had been exchanged.]

1 Tho words " Provincial Qovornment " were substituted for the words " L?l Govcirment " by the Adapt:Fn Order 0: 1937 and the word State " was substituted for Provincial by the Adaptition Order of 1960.

2 The wo& "patta", '~psttasY', 'gmuohilika", and '6muchilikas" were substituted respeotively for the words "puttah''., "putt8he". 'muchslka" and 6'muchalkse~' by section 2 of the TamlNadu Esta- tea Land (An endment) Aot, 1934 (Tamil Nsdu Act VIII of 1934).

YL'heae words were insertd by section 37(2), a i d . 4 Sub-section 1) of seotion 64 waq re-numbered as section 64

and sub-rotion $) themof war omithd by section 37 (1). %d. 61'his egotion wea substituted for the origins1 Secti0 67 by eeotion

38, ibid.

Pattas and muohilikas ' to be signed and registered by the karnam.

Payment of rent in instahnts.

Arrear of rent.

Interest on .arrears.

Right of Ty0t to receipt for rent.

Contents of valid receipt.

Xst~ te s Land [I908 :- T.N. Act I

58. The karnam of the village in which the holding is situated shall regularly sign and register l[pattas] and '[muchilikas] in respect of the holding.

CHAPTER V.

59. Rent shall be payable in instalments according to agreement or in the absonce of agreement according to established usage.

60. An instalment of rent not paid on the day on ' which it falls due, becomes on the following day an arrear of rent.

61. 2[Subject to the provisions of this Act, an arrear of rent shall bear simple interest] a t the rate of one-half per centum per mensem from the date on which the arrear fell due until it is liquidated.

'[62. (1) Every ryot who makes a payment on account of rent shall be entitled to obtain forthwith t

a written receipt for the amount paid by him signed by the landholder or other person authorized to receive tho ront.

(2) The landholder or other person so authorized shall prepare and retain a counterfoil of the receigt.]

63. (1) The .receipt shall specify such of the following particulars as can be specified by the landholder at the time of payment, namely ,-

(a) tho names of the payer and payee ;

1 The worde "patta", "pattas", L'muchilika" and "muchilikas" were substituted respectively for the words "puttah", "puttahs", "muchalka" end "muchalkas" by section 2 of theTamil Nadu Eatates Land (Amendment) Act, 1934 (TamilNadu Act VIII of 1934)

These words were substituted for the worde "An errear shall bear simple interest" by section 39, ibid. ' Thisseotion was substituted for the original motion 62 by seotion

40, ibid.

1908 : T.N. Act I] Estates Land

(b) the name of the village in which the holding is situated ;

(c) the amount paid ;

(d) a description of the holding on account of which the rent has been paid ;

(e) tho year and instalment to which the '

payment has been credited;

(f) wbether the payment has been accepted ae a payment in full, or only on account ; and

(g) the date on which the rent is paid:

Provided that the '[State Government] may prescribe from time to time a modifled form either generally or for any particular local area or class of Ca888.

(2) If a reczipt'does not contaiu substantially the particulars required by this section it may be presumed to be an acquittance in full of all arrears of rent up to the date on which the receipt was given.

64. (1) When a ryot makes a payment on account amditof of rent, he may declare the year and the instalment payments f o which he wishes the payment to be credited, on account and the payment &hall be credited accordingly. of instal-

menta.

(2) If he does not make any such declaration, the payment may a t the option of the landholder be credited on account of any arrear not barred by limitation.

65. %[If a landholder or othor porson receiving compensa. rent on his behalf refuses without reasonable cause] $'hlf";dhg

1 The worda "Provincial Uovenunent" were substituted for the receipt' words "Local Government" by the Adaptation Order of 1937 and the word"Statel' was substituted for"Provincia1" by the Adaptation Order of 1960.

a These worde were substitutd for the words " If e landholder without reaeonable oauee ref- by seotion 41 of the TamilNadu Eetates Land (Amendment) Act;1934 (TamilNadu Act VIII of 1934).

Place of payment.

Effect of reaeipt of pereon recognized or nominated aa landholder for receiving rent.

Estates Land . 11908 : T.N. Aot I

to deliver to a ryot a receipt 1[as required by] sections 62 and 63 for any rent paid by him, or to credit the rent paid to the year and instalment to which the ryot has requested the payment to be credited, the ryot shall be entitled to a[recover from the landholder on application made to the Collector for that purpose] compensation not exceeding double the amount or value of the rent paid.

66. The payment shall, except in cases where a ryot is allowed under this Act to deposit his rent, be made at the landholder's village office, or a t such other convenient pl.ace within five miles of the village in which the holding is situated a8 may be appointed in that behalf by the landholdor :

Provided that the ryots may pay their rent to the landholder by postal money-orders under rules which the '[State Government] may prescribe:

Provided also that when rent is payable in kind 4

i t shall be delivered a t the landholder's granary in the village in which the holding is situated or at such other granary within ten miles of the village as may be provided in that behalf by the landholder 'put the landholder shall bear the cost of tramport from the threshing-floor to the granaxy if the distance exceeds three miles.]

67. Where rent is due to a landholder, the receipt for any paymel t on that account of the person recognized or nominated under 6[clsuae (6) of section 31

1 These words were eubatituted for the words "in ~ocordenoe with the provieione of" by eeotion 41 of the T d l Ndu Eetah Land (Amendment) Act, 1934 (Tamil Nadu Aot VIn of 1934).

a These words were substituted for the words "rewver from him by s suit before the Colleotor " by (bid.

a The words " Provinoial Government " were eubstituted for the words " Local Qovernment " by the Adaptation Order of 1987 and the word " State " wee Bubetituted for " Provinoial " by the Adeptation Order of 1960.

4 These words were added by section 42 of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Redu Aot VIII of . . 1934).

qieexp- ion wee eubstituted forthe exp-ion " sub- section (6) of section 3 " by eeotion 3 (1) of, and the Second &he- dule to, the Tamil Nsdu Repealing and Amending Act, 1961 (TemilNsdu Aot XIV of 1961).

1908 : T.N. Aet I] Estates Lo& 689

se landholder for the purpose of receiving rent l[or - of the person authorized to receive the rent] shall

i be a sufficient discharge for the rent, and the person

i liable for the rent shall not be entitled to plead in defence to a claim by a person so reoognized or nominated that the rent is due to a third person.But nothing in this section shall affect any remedy which any such third person may have against the landholder so recognized or nominated.

Depo~it of Rent.

68. (1) any of the followiq case8 in which rent Appliostia is due and i~ payable ia money, namely- to depoeit

rent.

(a) when a ryot tenders money on account of rent due from him, and the landholder refuses t o receive it or refuse8 to grant a receipt for it; or

(b) when the rent is payable to two or more persons jointly, and the ryot is unable to obtain the joint receipt of the said persons for the money, and no person has been empowered to receive the rent on their behalf; or

(c) when two or more.persons severally claim the right to collect the rent or when the ryot entertains a b m j i d e doubt as to who is entitled t o receive the rent which has become due;

the ryot may present to the [Collector], an applioation in writing for permission to deposit iri the office of '[the Collector] the full amount of rent Zhen due a[together with interest, if any, payable thereon].

Theee word I 1 re ineerted by eeotion 49 of the Tamil Nadu Estates Land (Amend-nt) Act, 1934 (TamilNadu Act VIII of 1934.)

a The worde " CoUeator " and " the Collector" were substituted r~~peotiwly for the words " OoUeotor or moh other officer es the h l Uowrnment may appoint " and "the mid Collector or other offioer " by seotion 8 (2), &id.

8 Theee WOI& m m added by -tion 44 (i), W.

Estates Land [I908 : T.N. Act I

(2) The application shall contain a statement of the grounds on which i t ia made; and shall state the item or items to which the paymant is fo . be credited and also-

in case (a), the name of the person to whom credit the deposit is to be entered;

in case (b), the names of the persons to whom the rent is due, or of so many of them as the ryot may be able to apecify; and

in case (o), the name of the person or persons to whom the rent was last paid and of the person or persons now claiming it.

Reoeipt o f 69. (1) If ' [on a perusal of the application] deposit it appears to the 8 [Collector] '[to whom it is made] Collector to be a v81id that the applicant is entitled under that section eoquittanoe. to deposit the renti, he shall receive the amount

and shall give a receipt for it.

(2) A receipt given under this section shall operate as an acquittasce for the amount of the rent deposited as aforewid, in the same manner and to the same extent aa if that amount of rent had been received-

in "[case (a) of sub-section (1) of section 681, by the person speosed in the application as the person to whose credit thf, deposit wm to be entered;

1 Gub-amtion (3) was omitted.by motion 44 (ii) of the Tamil Nadu Eetatea Land (Amendment) Aot, 1934 (Tamil Nadu Aot vlrr, of 1934).

8 These word8 were inserted by motion 46 (i), &id. This word was anbstituted for the WO+ "Colleotor or other :

&er" by section 3 (2), ibid. 4 These words were substituted for the words "to whom an a zepplioation is &,under the laat foregoing aeotion" by motion

46 (i) (b), 8 i d . 1 The words, -88 end letters " OW (a) of sub-motion (1) OF

f motion 68 " were eubetituted for the words and lettern " oaee (a) of the laat foregoing &ion," by seotion 45, ibid.

1908 : T.N. Act I] Estates h n d 691

in l[case @) of that sub-section], by the persons to whom the rent is due; and

in 1 [oase (c) of that sub-section], by the person entitled to receive the rent.

* 170. The Collector reoeiving the deposit shall forth- Notifioation with cause to be afbed, in a conspicuous place at f $ ~ ~ i $ " f ~ ~ his office and in the vernacular language of the district, rent. a, notification of the receipt of such deposit containing a, statement of all material particulars and shall also-

in case (a & °I-'- ': " i ~ q . ( ) of section 68, oause a notice o uehG the due div~slon bosii to be ssrved

on the person spt, ... YU IIL A n a s the person to whose credit tihe deposit was ti5 be entered:

in case (b) of that sub-section, cause a notice of the receipt of the deposit to be posted at the landholder's village, office or residence andin some conspicuous place in *he village in which the holding is situated; and

in case (c) of that sub-section, cause a like notice to be served on every person who, the Collector has reason to believe, claims or is entitled to the deposit].

71. (1) The 8 [Collector] may pay the amount payment or of the deposib to any person appearing to him to be g\yzP entitled to the same, or may, if he thinks fib, and shall, if deposit has been made under clause (c) of sub-section (1) of section 68, and there has been no joint application for payment by the dis- puting pazties, retain the amount pending the decision of the Civil Court as to the person so entitled :

The worda, figules and letters .6case (b) of that sub-section" and "case c) of thet sub-section" were substituted respectively 6 for the wor e and letters "case (b) of that section" and "case (c) of thet section" by section 45 of the Tamil Nadu Estates Land (dmendment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

a Thismotionwaa substituted for the original section 70 by section 46, ibid. .

a Thie word was eubetituted for the worde " Colleotor or other Moer " by motion 3 (2). aid..

8 92 Est~tea &and [I908 : T.N. Act I

'[Provided that no order for payment shall be made within @teen days from the date on which the notification referred to in seotion 70 waa affixed in the offioe of the Collector reoeiving the deposit.]

(2) The payment less the money-order commis- sion may be made by postal money-order under suoh rules as the '[State Government] may prescribe.

(3) If no payment is made under this seotion before the expiration of three years from the date on which a deposit is made, the amount deposited may, in the absence of any order of a competent court to the contrary, be repaid to the depositor upon hia application and on his returning the reaeipt given by the a[Collector] with whom the rent was deposited or on his produaing suoh other evidenoe of his having made bhe deposit as the Ckdleotor may consider sufficient.

Nothing in this seotion shall prevent any person entitled to receive the amount of m y such deposit from recovering the same by suit in a Civil Court from a person to whom it has been paid under this section.

Barring of 72. No suit or other proceeding shall be instituted suits. against the '[Gtovernment] or against any officer

of the '[Government] in respect of anything done by a 8[Collector] regarding a deposit under sections 68 to 71.

1 This proviso was added by motion 47 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nodo Aat VIII 1934).

The words "Provinoial Government " were substituM for the words " Local Government " by the Adaptation Order of 1937 and the word "State " was substituted for " Provinoial " by the Adaptation Order of 1960.

SThis word was substituted for the words " Colleotor or other ofacer " by seotion 3 (2) of the Tamil Nadu Estetw Land (Amend- ment) Act, 1934 (Tamil Nadu Aot VII I of 1934).

4 The word " Crown " was substituted for the words) " Seoretary of State for Indie in Counoil " by the Adaptation Order of 1937 and the word "Government" was mbstituted for ''Crown" by the Adaptation Order of 1960.

6 The word " Crown " was mbstituted for the word " Qovem- ment " by the Adeptation Order of l937end the word " h v n r m e n t was subetituted for " Orown " by the Adaptetian Order of 1950

1008 : T.N. Aot !

,@!$totes Lctnd i ! Appraisemt and Division of Produce.

73. (1) Where rent is taken by appraisement of the nights standing crop the ryot shall be entitled to the exclusive liabilities as to possession of the orop. possssion of

crop.

(2) Where rent is $&en by division of the produce, the ryot shall be entitled to the exclusive possession of the whole produce until it is divided, but shall not be entitled to remove any portion of the produce from the threshing-floor at such a time or in such a manner as to prevent the due division thereof at the proper time.

(3) In either cme, the ryot shall be entitled to cut and hrtrvest the PI J*l-, ir h e course of husbandry without of the landholder. But

of his intention to do so.

or gather the mop the mation to the landholder or -his authorized agent

(4) If the rgof cuts or removes any portion of the crop or of the produce at such a time or in such a manner aa to prevent the-due appraisement or division thereof, the produce may be deemed to have been as fuIl as the fullest mop of the same description in the neighbowhood on similar land for bhat hmest.

74. Where rent is taken by appraisement of the ~P~~~~ orop or division of the produce- for appraise-

ment, division or determins- (a) if either the landholder or the ryot fails tionof produoe.

to attend, either personally or by agenb, at the proper time for making the apppraisement or the division; or

(b) if there is a dispute as to the quantity a;nd value of the orop or rcs to what is a full crop under sub-seotion (4) of seotion 73, or as to the division of the produoe,

[I908 : T.N. A d I

an applioation may be presented by either party to the Colleotor requesting that an offioer be deputed to make the division. or appraisement or determination.

With the applioation the applicant shall deposit such fee as may be presoribed by tbe l[State Govern- meat] in rules made in this behalf.

~ r o o e d ~ ~ e a[75. (1) On remiving such application, the on euoh applioati~n*

Collector shall depute an officer by whom such division or appraisement or determination of rent shall be made and issue notioe to the applicmt and to the opposite party to appear before the said officer on the date and at the time. and place specified in the notioe together with a person who is a resident of the neighbourhood ho serve ae an assessor to assist in the division of the produoe or appraisemen6 or determination of the orop.

(2) If the oppoaib party object. that the rent is not, taken by division or appraisement or that no rent is payable, the offioer deputed s h d record the objeotion bub shall proceed as hereinafter provided and transmit the objeation when submitting his awmd to the Colleotor under sub-section (6).

(3) If, on or before the date appointed in the notioe issued under sub-seotion (l), the dispute has been adjusted, the officer shall not take any further proceeding8 under this seotion.

(4) If either party fails to attend or to seoure the a t t e n h e of an assessor aa required by the notice referred to in sub-seotion (l), the offioer deputed . shall nominate an assessor on his behalf. --- 1 The words "Provinoiel Government" were substituted

for the words "Lo& Government" by the Adaptation Ordef, of 1937 and the word '' &ate " wee subetituted for " Provinoial by the Adeptation Order of 1960.

Thin mtion war euWituted for the original seotion 76 by seation 48 of the Tamil Nadu M t e e Land(Amendment) Aot, 1934

(Tamil Nadu A& VIII of 1994).

(6)The offimr deputed shall record,, and in making the award shall have regard tod

' the opinions of the aasessm but shall nob be boun thereby.

(6) In the case of a division of the prbduce, if the parties agree to the award, the division shall be made accordingly. If the parties do not agree to such division, and in a11 caws in which the rent is payable by appraisement of the standing crop, or where the value of a full crop htts to be determined, the officer deputed shall make an estimate of the produce or crop and determine the rent payable. He shall then deliver his award after notice to the parties and submit it with a report of his proceedings to the Collector.

(7) The parties shall be at liberty to file objections bo the award within fifteendays after the day on which the award Was delivered.

(8) (a) The Collector shall hear such objections and the objections, if any, recorded under sub-section (2) and pass orders theteon after such further inquiry, if any, as may appear to him to be necessary. '

(b) If an objection is raised that the rent is not payable by division or appraisement, or that no rent is payable, and the Collector upholds the objection, he shall set aside the award.

(c) If the objection is di~llowed or if any other objection is raised or if no objection is raised, the Collector, except when the assessors agree with the officer deputed in which case the award shall, subject to the provisions of clause (e), be final, may con- firm the award or may, after giving an opportunity to the parties to be heard, modify the award as he thinks fit.

(a) The Collector's order for the payment of rent and costs, if any, shall be bl unless an objection of the nature described in clause (b) has been raised and shall be enforoeable as a decree for arrears of rent.

896 h t a t e s ~ a n d ii9b8 : T.N. Act I

(e) Where tm objection of the nature described in clause (b) has been raised, the Collector's decisio~z thereon shall be subject to an appeal to the District Court. Such appeal shall be presented within thirty day8 from the dafe of the Collector's decision.

(9) In any proceedings under this section the Collector may by order prohibit the removal of the produce until appraisement or division has becn effected.]

Power of 76. For the purpose of making the divi~ion and entry. appraisement, the o&er deputed, with his assessors,

may enter upon any land on which or into any building in which the produce is.

CHAPTER VI.

RECOVERY 03 RENT BY SUIT OB BY DISTRAINT AND SALE O r MOVABLB PROPERTY OR OF THE HOLDING.

Modes of reoovery of tWrb8rE of rent.

Conditions for reoover of arrears <y distraint of movable property Or rale of holding.

1[77. Subject to the provisions hereinafter contained, a landholder shall be entitled to recover any arrear of rent by a suit before the Collector, by distraint and sale of mova,ble property or by sale of a ryot's holding.

Explanation.-Movable property for the purpose of this section shall include growing crops and the produce of land or of trees in the defaulter's h9lding.l

a p7-A. No landholder shall have power to proceed against a ryot for the recovery of rent by distraint and sale of his movable property or by sale of his holding unless he shall have exohanged a patta and muchilika with such ryot or tendered him auch s ptltta as he was

1Tnis motion W8S substituted for the original &ion 77 by reofion 49 of the Tamil N ~ d u Estates Land (Amendmeni) Aot,

, 1934 (Tamil Nedu Aot of 1934).

'Seatione 77-A 60 77-F were ineertad by motion 60, : .,

:1 < ' , , "4 i

I bound to aooept or unless a valid pattra or muchilika -

continues in force; in the case of distrajnt and sale of movable property, the exchange of patta and muchilika or tender of such a patta as the ryot was bound to accept shall be not less than fifteen days prior to

[ the distraint.] I ' l[lfl-B. A patta tendered by a landholder which ~ d ~ ~ ~ ~ . I is partially but not entirely correct shall nevertheless ability o 1 be enforceable to the extent to which it is found to^^^^%' 1. be correct.] Datb. t lw-c. Where the patta tendered for a r e v e n u e b ~ ~ i o n

year includes any claim for rent in excess of the Cndered ; amount due under a previous subsisting engagement, patta

all proceedings for the recovery of the rent by distraint 2:p and sale of movable property or by sale of the holding exoeeding shall, on payment of such mount, be stopped and that due

not proceeded with further. The claim for the balance EFou, r shall be enforceable only by a suit before the Collector t engagement.

Provided that nothing contained in this section shall apply to the case referred to in sub-section (3) of section 42, in so far as the excess is claimed to be due to an increase in such area.]

lV7-D. A landholder shall not be entitled to Arrears whiah distrain, except for an smear of rent which has accrued zf;r'd by due within the twelve months preceding the demand di,t,,int. under section 78.1

'177-E. Where the landholder has eued for any pmhibition arrear of rent and obtained a d e w e he shall have no of distraint right to distrain movable property for such arrear or where deoree

for rent has to bring the holding to sale therefor under sections beenobtained. 111 to 131 and all proceedings to sell the holding for such arrear taken before the passing of the decree shall be stopped and not proceeded with further.]

'177-F. The following articles shall not be distrain- ArticleR ed for arrears of rent :- sxompted

from distraint. (1) the necessary wearing apparel, cooking

vessels, beds and bedding of the defaulter, and such personal ornaments of a woman as in accordance with religious usage cannot be parted with by her ;

1 Sections 77-A to 77-F were i ~ r t e d by eection 60 of the Tamil Nadu E-tes Land (Amendment) Act, 1934 (Tamil Nadu Act MI of 1934).

598 Estates Lam? [I908 : T.N. Aot I

(2) his ploughs and ikplements of husbandry, ploughing cattle and manure stocked by the ryot or cultivator and such seed grain as may be necessary for the due cultivation of the holding in the ensuing year.]

78. (1) Before or at the time when a distpaint is Distrain* made the distrainer, who may be either the landholder :;;Ed? or his duly authorized agent, shall serve on the defaulter a written demand specifying the amount of the arrear together with an account exhibiting the grounds on which the dema.nd is made.

(2) The demand and account s b l l be dated and signed by the distrainer and shall within one year from the date on which the arrear became due be served upon the defaulter by delivering a copy to him or to some adult male member of his family a t his usual place of abode provided that it is in the neighbourhood of the land to which the distress refers or to his suthori- zed agent, or, when such service cannot be effected, by affixing a copy of the notioe on some conspicuous part of the land to which it refers. The demand shall set forth-

- (a) the amount of the arrear due, with interest, if any ;

(b) the holding in respect of which it is due ;

(c) the period in respect of which it is due.

Distraint to be proportionate to erreer and list of proporty to be servod on owner end Copy sent to sale o88cer.

79. (1) Unless the demand is immediately satisfied,the distrsiner may dietrain property to the amount of the arrear '[with interest] and the costs of the distress and shall forthwith prepare a list or doscrip- tion of the said property, date and sign the same, and without delay serve it on the defaulter in the manner provided in the preceding section for the service of a written demand, and a copy of such list

- - 'Theee words were inserted by motion 61 (i) of tbe Temil

Nedu Estates Lend (Amendment) Aot. 1934 (Tamil Nadu boa YIII of 1934).

1908 I T. N. A d I] Eetates Land 699

or description, together with a copy of the written demand and account, shall be sent by the distminer within ten days of the service of the demand on the

'[Tamil defaulter to the public officer hereinafter called the ~ ~ d ~ j sale officer empowered under '[the =[Tamil Nadu] Rent AotVrr and Revenue Sales Act, 18391 to sell property dis- Of 1839. trained for arrears.

(2) any pel'son other t h n the defaulter notifies the distrainer that h? is the cultivator or the owner of the property] a copy of the demand and of the list or desoription of the property shall in like manner be served on or 4[delivered to such person in all cases in which the property distrained consists of-

(a) any crops or other products of the earth standing or ungathered on the holding ; and

(b) any crops or other products of the earth which have grown on the holding and have been reaped or gathered and are deposited on the holding or on a threshing-floor or place for treading out grain or the like, whether in the fields or in a homestead.]

80. A person authorized to distrain may applyDistr&er may q m r e to the nearest police station for such assistance as may poll^ be neoessary to prevent any breach of the peace, and as"stanoe. the authority to whom such application is made shall depute one or more police officers to be present at the time of such distress for such purpose.

1 This expression was substituted for the expmssion ~ ' M a d r ~ Aot VII of 1839" by seotion 3 (1) of, and the Seoond 8ohedule to, the Tamil Nadu Repealing and Amending Aot, 1951 (Tami: Nadu Aot XTV of 1961).

a These worda were substituted for the word llMadras" by the Tamil Nadu Adeptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Seoond Amendment) order, 1969, whioh oame into form on the 14th January 1969.

8 These words were substituted for the words "If the dietrainer has noti?, that the oultivator is some person other than the defaulter by motion 51 (ii) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

4 This wee substituted for the words "delivered to the aultivator" by motion 61 (iii),ibid.

Distresa to be proportionate to arrears.

Time of diatresr.

Right to map end P~~'eserv0 Produrn.

What pleoes dirtrainer mey foroe open.

Power to form open doors, and to entor zenana in presence of a police officer.

E8tatm Lad '. . ! s , [I908 : T.N. Act

81. The distress shall not be excessive ; '[ * * * * * * * ] the value of the property distrained shall be as nearly as possible equal to the amount of the arrears due '[with interest] and costs of distress.

82. Distress shall be made after sunrise and before sunset and not otherwise.

83. (1) Standing crops and other ungathered produce may, notwithsta.nding the 'distraint, be tended, and after notice to the distrainer be reaped, and gathered by the owner of the crop.

(2) If the owner of the crop neglects to tend, reap or gather the said crop or produce, the distrainer may do so at the expense of the owner.

(3) The distrained property shall be placed in the charge of some person appointed by the distrainer for the purpose ; the person so appointed shall store the same in some convenient place in the neighbourhood at the expense of the owner.

84. It shall be lawful for the distrainer to force open any stable, cow-house, granary, godown, out-liouse or other building, and he may also enter any dwelling- house, the outer door of which may be open and may break open the door of any room in such dwelling- house for the purpose of distraining prope~tp belonging to a dnfaulter and kept therein ; provided always that it shall not be lawful for euoh distrainer to break open or ontor any apartment in such dwelling- house appropriated for the zenana or residence of women, except as hereinafter provided.

85. When a distrainer may have reason to suppose that the property of a defaulter is lodged within a dwelling-house, the outer door of which may be shut, or within any apartments appropriated to women, ? which by the usage of the country, me considered 3; -- L

1 The words "that is to say" were' omitted and the words "with intsrest" were inserted by motion 52 of the Tamil Nsdu Eata.

Land (Amendment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

r 1908 : T.N.. A d 11 Estate8 Lad

private, such disfminer shall report the fact to the - officer in charge of the nearest police station. There-

P upon the officer incharge of the shtion shall send a police offioer to the spot, in the presence of whom the distrainer nsnoh a& open the outer door of such dwelling-house, mlu-& the door of any room within the house except the zenana. The distrainer may also, in the presence of the police officer, after due notice given for the removal of women within the zenana, and after furnishing means for their removal ina suitable manner (if they be women of rank, who, according to the customs of the country, canno% appear in public), enter the zenana apartments for the purpose of distraining the defaulter's property, if any, kept therein. If any such pr.operty be found, it shall immediately be removed from such apart- mente in order that they may be left free for the return of the former occupants.

86. The distrainer shall not work the b ~ l l o ~ k 8 Distreined or cattle or make use of the property distrained. ~~~E~~ He shall provide necessary food for cattle or other livestock, and the oost thereof shdl be a charge against the defaulting ryot and shall be recoverable as a mst of the distress.

87. (1) After a distress has been made under Withdrawal o q this Chapter and at any time before the date appointed distress deposit, on py. for eaIe, the defaulter, the cultivator or the owner ,lent or furni. of the property may tender or pay the amount specified 8hlng of in the written demand under section 78 with sub- "cmrity' sequent interest and costs '[or the amount referred to in section 77-C] to the distrainer, or may furnish security to the satisfaction of the distrainer, where- upon the distrainer shall give a written acknowledg- ment of the tender, payment or security, and shall withdraw the distress forthwith.

(2) If at any time before the sale of the &strained property, the defaulter or cultivator or owner of the property distrained pays to the sale officer, the amount

1 These words, @urea and letter ware inserted by aeotion (18 of the Tamil Nadu Estates Land (Amendment) Aot, 19M (Tamil Nadu Aot VIII of 1934).

E~ Lad [I908 : T.N. Act I

specifled in the written demand under section 78 with subsequent interest and costs =[or the amount referred to in section 7741, the sale officer shall grant a receipt for the s a p . apchh,$1,--&tt.&p~ the distress forthdith. brea I 1

, ;A $ l * b ~ m , , b t . (

Liability of 88. When property &strained may be stolen, dietrainer for lost, damaged or destroyed while in the keeping of lose of, or injury to, the distrainer, by reagon of his not having taken dintrained reasonable precautions for its preservation, the owner property. may sue the distrainer for damages before the Collector.

alaim of third 89. A third peraon claiming a, right or interest person to right or In in 4ny of the movable property under distraint may dietrained pro- before the date of sale make an application to the perty. Collector or sde officer and tk* Collector sha4 there-

upon hold or oause to be held an immediate inquiry, and if he sees sufficient cause for doing so, may postpone the sale of suoh property. The Collector shall pass suoh order upon the oldm as he shall deem fit.

Delivery of property 90. When after an appIioation made by the dis- fraudulently trainer, it is proved to the satisfmtion of the Chlleotor oonveyed to that, prevent distress or forcibly or olendestinely

(a) a defaulter has made a, fraudulent oon- removed after veyance of movable property to prevent distress diatraint. for arrears,

(b) any person has foroibly or clandestinely taken away movable property once distrained, the Colledor shall pass an order directing that the property be restored or that its value be pdd to the distrainer.

Buit against ordere under '[91. Any person aggrieved by an order under aeotions 89 section 89 or section 90 may institute a suit before and 90. the Civil Court within one year from the date of the

order to establish the right which he claims to the property in dispute and for wmpensation.]

1 These words, figures and letter were inaerted by section 63 of the Tamil Nadu Estates Lsnd (Amendment) Aot, 1934 (Tamil Nadu Act VITI: of 1934).

"Phis section was substituted for the original motion 91 by esotion (14, ibid.

92. (1) The distrainer shall within &en days Application from the date of the distraint apply to the sale offioer for "le' for the sale of the property specified in the list or desoription mentioned in section 79.

(2) If no auoh application is made, the distraint on the property shall cease to be in force at the expiration of the said period of fifteen days.

98. The application shall be in writing and shall contantn of specify the following particulars, namely,-- applicat

(a) The name and residenoe of the defaulter and in the caw provided for in sub-section (2) of seotion 79, l[also of the person who notifies that he in the oultivator or the owner ;]

(b) the amount due ;

(c) the date of the distraint ; and

(d) the plaoe in which the distrained pmpert;y is.

94. Together with the application, the distrainer Fee for shall deliver to the sale officer the fee prescribed for aervioe notice. of the service of notioe.

96. (1) Immediately on receipt of such application Prooedure on and fee, the sale offioer shall send a copy of the appli- of cation and of the list or description mentioned in application. seotion 79 to the Collector and shall serve a notice on the defaulter, requiring him either to pay the amount demanded, or to institute a suit before the Collector to coilteat the distraint within fifteen daya from the date of the service of the notice.

(2) In the case provided for in sub-section (2) of section 79 similar notice shall be served on the oultivator '[or owner who may also file a suit before

1 These words were substituted for the words "of the cultivator also" by aeotion 65 of the Tarnil Nadu EsMtes Land (Amend- ment) Act, 1934 (Tamil Nadu Aot VIII of 1934.)

Thew words were added bp motion 66 (i) end (ii),ibid.

i#k E8W33 &and [I908 t T.N. Ad I

tho Collector to contest the distraint within fifteen days from the date of the servioe of suoh notioe.]

(3) The sale officer shdl by order fm a date for the sale which shall not be less than fifteen days from the date of service of the notioe under sub-section (1) or sub-siction (2), as the oase may be, and s h d oause it to be proclaimed by beat of drum in the village where the distrained property is ; he shaJl dso post a oopy of his order in some conspiouous place in the village l[and communicate it in person or by post to the defaulter and to the cultivator or owner].

In fixing the date of sale, not less than seven days shall be allowed from the date of the aforesaid proclamation.

(4) The notice and proclamation shall specify- (a) the property to be sold ;

(b) the amount ,mentioned in the application under section 93 ; and

(c) the time and place at which the sale is to be held.

a [(5) If for any reason the sale officer is unable to hold the sale on the date fixed under sub-section. (3), he may, by order, adjourn the sale to another day. Such order shall be prodaimed and posted in the village in the same manner. t~ an order under sub-section (3). A copy of such order shall be delivered in person or sent by post to tho defaulter and to the cultivator or owner.]

When sale 96. If the defaulting ryot or [cultivator or owner aforesaid] doesnot, within iifteen days from plaae. the date of the service of the notice referred to in section 95, file a suit before the Collector to set a ide

- - -- a These words were added by seotion 60 (i) and (ii) of the

Tamil Nadu EststesLand (&nendment) Act, 1934 (Tamil Nadu Act YII]: of 1934).

2 Sub-section (6) wee added by aeotion 66 (iii), &bid. 8 These words were substituted for the words 8taultivato

a€Wd"by motion 67, dm.

1

lo08 : If.#. Act 11 Ba;te8 an$

the distress, or if such a suit is filed and is decided against him by the Collector and if the sale has not been countermanded or postponed under section 89, section 103 or 104, the sale officer, unless the uch expenses of the distraint

is discharged in full, shall proceed in the manner hereinafter described to sell the property or such part of it as may be necessary to satisfy the demand with the expenses of the distraint and tho costs of the sale.

97. The sale shall ordinarily be held in the village PIam of sale. where the property was &strained or is stored or at the nearest place of public resort if the sale officer is of opinion that the property is likely to sell to better advantage there. In any case, the distrainer shall be bound to produce the property at the time and place of sale, and the cost of the transport thereof &dl be considered part of the cost of distress.

98. Notwithstanding anything contained in this Sale of Chapter, crops or products which are in their nature pe rishable artiolee. speedily perishable shall be sold as early as possible by the distrainer, and the sale-proceeds shall be deposited with the sale officer.

/

99. (1) Crops or products which from their nature When urop admit of being stored shall not be sold before they are may be sold. reaped or gathered and are r,e:eady for storing.

(2) Crops or products which from their nature do not admit of being stored may be sold before they are reaped or gathered, and the purchaser shall be entitled to enter on the land by himself or by any person appointed by him in this behalf and do all that is necessary for the purpose of tending and reaping or gathering them.

100. The property shall be sold by public auction, Manner of in one or more lots aa the sde officer may think^^. advisable, and if the demand with the costs of distress and sale is satisfied by the sale of a portion of the property the distress shall be immediately withdrawn

I with respeot to the remainder.

606 Estates La& [I908 : T.. N. Aet

Postpone- ment of sale.

Payment of purohase- money.

1[iOi. If, on the property being put up for sale, a fair price in the estimation of the sale officer is not offered for ib and if the defaulter, cultivator or owner of the property or a p ~ , i o n <rs\nvad to act in his behalf or the distrain with r:::.:? 3 have the sale postponed until the next my or the next market day if a market is held at or nem the place of sde, the sale shall be postponed until the next day or until the next market day, as the case may be, and shall then be completed, whatever price may be offered for the property.]

102. The price of every lot shall be paid at the time of sale, or as soon thereafter as the officer holding the sale directs, end in default of such payment the property shall be put up again and sold and any deficiency in price which may happen on such second sale and 811 expenses attending such second sale shall be %[reported to the Collector by the sale officer and the Collector may, on application by the distrainer, the defaulter, the cultivator or the owner and after notice to the defaulting purchaser and hearing his objections, if any, certify the amount recoverable from him and the amount so certified by the Collector shall be recoverable from the defaulting purchaser at the instance either of the distrainer, the defaulter, the cultivator or the owner as if the Collector had passed a decree therefor.]

Any sum reoovered under this section from the defaulting purchaser shall be dealt with under section 106 as if it were proceeds of the sale.

103. The sale offimr shall bring to the notice of the Collector any material irregularity committed by the distrainer under colour of this Act, and may in such case postpone the sale pending the Collector's order.

1 This motion was substituted for the originel agotion 101 by eeotion 68 of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VIII of 1934).

The= word6 were substituted for the worde ('oertified to the Colleotor by the sale oftioer and shall at the instenoe either of the diatrsiner, the rdefaulter or the oultivetor, without pmjudim to m y other remedy whiob he may have, be reaoverable in a snit before the OolleoWr from the defaulting p u r d w w by eeotion 59, Qg.d

1908 : T.N.. Aot I] E8tate8 Land 607

104. (1) If it shall come to fhe knowledge of the Effect of irregularity in Colledor thah the distrainer has not served on the ryot distraining.

a written demand as required by section 78, or bas Biled to serve the list or description mentioned in section 79 I[* * * * * * * * * ]or that the distress was excess- aim, the Collector may either order the sale to proceed, or direct the issue of another notice or proclamation of sale, in which case he shall order that the costs of the resale shall be borne by the didminer.

(2) If the Collector finds that the distraint is vexatious or groundless, he '[shall order] the restoration of the distrained property.

105. When the purchase-money has been paid in oertiaoate to full, the sale officer shall deliver the property to the Fwohz.n to purchaser and hall give him a certificate signed biy himself, describing the property purchased and the. price paid.

108. (1) From the proceeds af every sale of dia- Disposal of trained property under this Act, the sale officer shall prooeeds of anlo, make a deduction at a rate not exceeding one anna in tbe rupee on account of the costs of the sale, and shall remit the amount so deducted to the Tahsildar.

(2) He shall then pay to the distrainer the expenses incurred by the distrainer on account of the distraint, and of the issue of the notice and proclam- tion of the sale mentioned in section 96 to such amount as, after examining the statement of expenses furnished by the dietrainer, he thinks proper to allow.

1 The words and figures "or hes failed to apply to the rde oftioer for sn order under seotion 92" were omitted by seotion 60 (i) of the Tamil Nadu Eetates Land (Amendment) A&, 1934 (Tamil Nadu Aot of 1934).

a These worda were mbetituted for the words "may order" by motion 60 (ii), {bid.

Prohibition againat bidding for or purchfbee of property by sale offioer or aubordinate.

Right of tenant or cultivator to deduct from rent amount paid for his landlord.

(3) The reminder shall be applied to the '[discharge of the amount for which the distraint was made with subsequent, interest up to the date of payment .I

(4) The surplus (if any) shall be delivered to the person whose property has been sold and he shall receive from the sale officer a receipt for any arrears discharged from the proceeds of sale.

(6) If either the distrainer, or th; owner of the distrained property, shall be dissatisfied with the sale officer's decision, t i e Collector shall, on an application being made to him by either party, dtttermine the expenses incurred in distwining the property and bringing it to sale.

107. No officer holding s sale of propexty under this Act and no person employed by or subordinate to such officer, shall either directly or indirectly bid for, acquire 01 attempt to acquire any interest in any property sold at: such sale.

108. (1) When an a m r of rent is realized from a tenan+ or cultivator by proceedings in distraint by any person other t b n his immediate landlord the tenant or cultivator shall be entitled to deduct the amount so realized from any zent payable by him to ouch landlord, and such landlord, if ho ie not tho defaulter, shall in like manner he entitled to deduct the same %mount from any rent payable by him to his landlord, and so on until the dehulter is reached.

(2) Nothing in this section shall affect the right of any tenant or cultivator snaking a pyrnent under nection 87 Go institute a suit in a Civil Court for the recovery from the deikulter of any portion of the amount paid whioh he has not deducted under this section.

'Thee0 worde wr.0 eubstituted for the worde "diecbrge of the arrear for which the dietraint wee medew by section 61 of the Tamil n d u Estatea Land (Amendment) h t , 1934 (Tamil Nadu Act V lX I of 1984).

I 3908 : T.N. Act I] Estate3 Land 60 9

109. Whed any conflict arises between the right of condk s lcndholder diat%ining produce over which he has betaeon s first charge under sub-section (1) of eeotion I 8nd$::$&yand the right of n person cl:,iming under &n attachment by a attachment Civil Court, the right of tlte landholder shall prevail ; by cou*. but if tho property i~ sold by e, Collector.in consequence of such Lo,ndholder's, distrrss Che surplus proceeds rof the sale sh~,11 not he prid under section 106 to the person whose property hr;s been hold, but shall be deposited in the Court from which the order of attacbmenti issued.

110. A tender of the amount of the arrears of rent Tender of claimed by the lGndhoIder shall be deemed valid ~~t~~~ though m,d&undor protest, on such tender being deemed valid. made the dietrainor ~ h ~ , l l be bound to refrain from distrr,injng or selling the prope~ty, and if a distraint has been u d e , to relewe the property didmined provided thp,t when the amount so tendered is received, the Qct t.hr,t the payment was mtde under protest shall be stated in the receipt given to the person making the payment.

8aZe of Ryot 's Holding.. 111. When an arrertr is not peid within the revenue Sale of holding.

yeibr in which it ~ccrued due, it shall be bwful for the landholder to sell the holding or any psrt thereof, in the mgtnner heroinr,fter provided, in satisfaction of the nnoar and of interest thereon and of coats, if any, of the . sale.

'[112. (I)] Whon t b kndholder to whom an arrear Notice of is doe intends to r,w,il himself of the powers given by E;;? tlle 1r.st proceding ~nction, he shell seive on the defaulter through I ho Collector a written notice stating the amount. due for arrems, interest and costs, if any, the period for whicli and the holding in respect of which it is due, and informing him thrd if he does not pay the &mount or '[instituto tb suit] before the Collector con- - -.

1 Section 112 was renurnbered ss sub-seotion (1) of eection 112 by section 82 (1) of the Tamil Nadu Estates Lend (Amendment) Act, 1934 (Tamil Nsdu Aot V m of 1934).

These worda were substituted for the words "file a suit*' by %id.

125-39 . _I .__ ...

. * 619 Edded Land [I908 : T.N. Aot I -

Miag fhe right of sale within thirty day8 from the date of aerPice of the notice, the mid holding or any

thsreof epeoaed in $he said notice will be sold. uob notice shall be '[delivered to the Colleotor] within iF one ~r trom tihe end of the revenue yeax for whioh the armr ie due.

'@'OW oopiee of the notice together with the fae ibr wrvice *hereof ehall be sent to the Collecfor. who rhsll muse eervioe to be effeoted upon the defaulter IP the manner provided in eub-seotion (2) of seotioa 78 for tbe eervim of a written demand. A oopy of the lrotioe sheli elso be sent by poet to the defaulter.]

*ies of fhe notice sb11 in evew ow. be goeted ab aonapiouow pbcea on the lmd to which it rel@tee and in the villege where the 18nd is situated.

'f(2) Any pereon baying an interest in the holding or part thereof who would be affccigd by ite male may institute a euit before the Collector conteetjng the right of sale within the period fixed in sub-eeotion (l)].

krt~mcrlfar 119. Intimation of the date of service shall

s$:,d forthwith be given to the landholder by post. lendbolde~, Applioabion 'fii4. If the amount specified in the notice updcr tor dr . neotion 112 has not been paid and if no suit contesting

the right of sale has been instituted before the Collector within thirty days from the date of service of the mid notice, or if such suit has been instituted and the defaulting ryot has been declared to be liable to pay the amount in whole or in part, the landholder may apply to the Collector for sale.]

' Them words were substituted for the word8 "eenti to the Cbhtof* by motion 62 (1) of tha Tamil lPadu Estafeo Land ~Bmendment) Aot, 1934 (Tamil Nedu Ibt V I I I of 1934).

The amond persgreph of metion 111 (I) waa oubetitut far the original paregreph by SW.

a Sob-motion (2) of-mobion 113 war added by reation ' @),M.

4 Thir W o n rsr rrrWitut4 for the originsl Mation 11 4 4 68, IW. . - - .

t

1 1908 :IT. N. Aet I] Eatate8 Lhnd 631

1 ' 116. (1) If no suit haa been instituted , mob a p p b $srtd of oetion shall be made within forty-five deye of the lunifs6ion for a lioatian posting by the Colleota of intimation of mRim under m% ~ t i - eeotion 113. 114.

I ~ d e uemij (S$he sale. been instituted and it hae been

disposed of - I I ~ ~ X E % the defaulter or withdr&wn, such application shall bo made within thirty days of the date

. of the dieposal or withdrawal.

1[1i6. (1) On receipt of such application, thOFifr' Collector ehsll issue notice to the partiw and &tar 8ppobtm&& hearing suoh of them as appear shall determine the ssUineolaost. extent of land to be sold, the Iots if any in whioh it shall be sold, the order in . hich the lot8 shall be sold end the estimated. value u L 3 each lot and shall order the sale, appoint an officer to conduct the eale, draw up the proolamatian of sale and dired copies thereof in the vernacular of the taluk to be posted in birr offim and in the tfbluk office :

Provided that no suoh lot shall, exmpt with the oonsent of the landholder, be l w fhao a revenue field.

(a) Tbe proclamation &all epeoify-

(a) (i) tbe land to be sold ;

(ii) the lots, if any, in which it shall be said I

(iii) the order in which the lot8 &all be aold 4

(iv) tbe estimated value of each lot ; end

(v) the rent or rates of rent papble in res- psot of each lot;

(6) subjeob to the provieione of seo6ion 71-0, $he amount speoified in the written notioe under aeotion 112 or where it haa been d e o l d by the Colleotor

1 Thii section wee eubatituted for the originel motion 116 by +adion 64 of the Tamil Nadu Ehtes I*sd (Amendment) &$. 1934 (Tamil Nodu Aot Vm of 1QIW.)

ciyl Eatatea Land [I908 : T.N. Apt I

in sl suib oomkiting the right of wle instituted under aub-aeobion (l),or sub-section (2) of seotion 11 2 tht the ryob is liable to pay only a part of t.bA amount speoified in suoh notice, such part, together in each owe with ooats end interest, if any, up to the-Ui:a of the ordcr of the sale ;

. p 1 - (6) m y encumbranoe subject to which the laad

ia liable to be sold ; and

(a) every other thing which the Colleotor considers m~terictl for the purohaser to know in order to judge

-I~.--, ..I- %he nature and value of the land.]

Dub J .f ndlimg 1[117. (1) The sell$ ,, n%cer shall, by order, fix .dloer. the date, time and pls of,, the sale and direot a copy

of the order in the verriaoular of the taluk to be posted in &he taluk office and came the contents of the order and of the proclamation of sale to be published by beat of drum in the village where the holding is situated. He shall also post a copy of the order and of the proolamation of salg in the village ohavadi or if them i~ no village ohavadi, in a wnspiouous place in the village and shall send a copy of his order and of the proclamation of sale to the defaulter by post. A copy of the order and proclamation shall be published in the District Gazette.

(2) In fixing the date of sale not less than thirty 1 i

days shall be allowed from the date on whioh publica- , tion by beat of drum is made as aforesaid.

(3) If, for any reasqn, the selling officer ia unable to hold the sale on the date fixed under sub-seotion (I), he may from time to time by order adjourn the sale to another day. Such order shall be published and posted in the village in the same manner as am order under gub-section (1 ). A copy of suoh order shall be delivered to the defaulter in person or sent to him by post.]

Thin section war substituted for tho origi n s l seotion 117 by reotion 65 of the T ~ m i l Nadu Estatea Land (Amendme1 t) An*, 1084 (Tomil Nadu A06 VIlX'of 1984). . .

1908 : T.N. Aet TJ Patatca h a " a 118. If the .'[amount mentioned d i Ihr w- 4-

tion of sale] ia not disoharged in .full, the sellbg80idoer aman* lur shall proceed in the. manner hereinafter daoribed l o ztc tzkM- sell the property or such part of it as may be neceswy to satisfy the demand with the expenses and ,441s ooats of the sale.

119. The sale shall ordinarily be heid in Ih*,villlge Of dt. ' '

where the holding is aituafed or at the neareat plaw of public resort if the selling officer ia of opinioa that the property is likely to sell to better advantage there.

120. The property shall be sold by public uuotion. *f '*lo. '[in one or more lots as may be specified in the proclamation of sale ;] '[* * * * * * ] and if the demand with '[the expenses and the costs of the sale] ire ratisfied by the sale of a portion of the property, the sale . , _ ... shall be immediately .stopped with respect to the remainder.

'[120-A. (1) A landholder who has brought to a l e ~~~~re',e'~$ a ryot's holding or part thereof for ail wear of rent for holding may bid for or purchase the same. neb off anerrts

duo lo him. (2) Where the landholder purohwea, Ohe p u r c b

money and the amount due to him as mentioned in the proclamation may be set off one against the other.]

121. If, on the property being put up for d e * z f " ' i r m e * * a fair prioe in the estimation of the selling officer is not offered for it, and if the defaulter or a person

These words were substituted for the words " anid amount " by section 66 of the Tamil Nadu Estatee Lend (Amendment) kt, 1934 (Tamil Nadu Act VTJI of 1984).

.' Thew words were sub&ituted for the worda ,',' in one or more lots er the selling oacer may think advisable by rection 67, ihd.

a The words " but no such lot shell exoept with the cornens of the landholder .be leas that 8 sevenue field 4 6 were omitted by ibid.

a Theee words were mubetituted for tho words " Oh* 0-t. d dutma end male " by W. . @ Seetion 126-A w a i-td bisection 68, ibld.

4$4; adder L a d [I908 : T.N. Act I

au- k mt in hir W, or the landholder ' applies to have the tale ptponed until the neat day,

W e h d be poetponed until that day and e h d then be oompletod, whrterer prim may be oEered for the proparty. *

BCopp10 of *. 122. Every auoh sale ahall be stopped, if the landholder v i ~ ~ ~ hie applioation for sale or if before ~e lot is hooked down, the amount mentioned in the proolemtion, end '[the expenses and the cats of $he sale] are Wdered to the eelling offloer, or proof ir given to his mtiefaotion that euoh amount has been paid to bhe Colleotor. %[The s e b g offioer shall reoeire the amount tendered snd transmit the ram. forthwith to $he Colleotor.]

Paymen(, of '[123. (1) The prioe of every lot, or where the landholder ia the puroha,aer, the balenm of suoh price aRer zecw** deduoting m y amount whioh he sets off under aub- sootion (2) of motion 120-A, or the poundage payable by him under oleuee (6) of 8ub-aection (1) of eeotion 127, whiohever is grater, ebell be paid to the selling offioer J the time of the mle, or as won thereafter ee be may diteot.

(2) In default of suoh m e n t the property shall be put up again and sold and any defioienoy in prioe, whioh may happen on euoh eecond sale and all expeneer attending auoh second mle inoluding the poundage . payable in respeot thereof, shall be oertified to $be Colleotor by the eelling offioer and the Colle&ot may, on applioabion by the landholder or the defaulter and rflter notioe to the defaulting purohaser and hearing hie objeutiom, if eny, certify the mount reooversble from him aad the amount so aertified by the Colleotor ahell be reooverable from the defaulting purcbbeer at the inatanoe either of the landholder or the defanlter, aa if the Colleotor had paesed e dearee $herefor. - ' T h e = o r b rere rabrtifuied for the worb " 00- od tb.

wb " by rectAon 69 of tbs Tmil Xedu htetsr Lm~d (Amend- mod) h f , 1986 ( T e d Nedu Aot VIII of 1934).

@ ThL edntenee waa added by W. ThL neation ru oubstititid for the original motion IS8 b7

r.r#oa 1% w.

Ang eum movered under thie eub.rsobion Gorm the defeulting p u r o b r e h d be dealt with apder aeotion 197, ae if i t were proof the Me.

(3) As soon aa the payment referred to in rub- motion (1) ie made, a notifloetion ahdl be published in the iseue of the Distriot Gazette immediately foOov. ing, giving partioulers of-

(I) Che d8te of sale,

(ii) the lands sold,

(iij) the prioe for which 6hq were sold, n d

(iv) the namee of the pmhseer, defenlter and landholder oonaeme<l.]

-f 4 l[124. (1) All moneys reoeived by the aelling T=~=&U

ofsaer under sub-eeotion (I) of section 123 shdl forth- ~ ~ n ~ , h ~ w with be branemitted to the Collector. hot@ lrod @#a.

of eerli%osta

(2) On the expiration of forty-five d a p &om $he of ad*.

date of sale as specified in the notification under eub-seotion ( 3) of section 123, the Collector ebll, if no application bse been made to set aside the eale under motion 131 or if such applioation has been made end rejected, grant a certificate of sde to the purohaeei etafing the property sold, the nsme of the pn~ohaser~ the date of the sale and the prim at which the propert J urea purohaeed and shdl pIam him in psewion of the property sold.

(3) The Collector shall also oawe a copy of W aertificate to be posted in the village ohavsdi of the village in which the lands ere situated or, if them ir no village ohavadi, in a oonspicuous plaoe in the village. A copy of the oertificate sh~l l dm be published in the District Qazette.]

8 Thir leotion ru ~ubrtituted for tbr origlnel8seWo~ 121 b motion 71 of the Tamil Nadn EaWa Land (Am-1161 4 1014 Famil W& Ao*vrn of 1084).

5 . . . Estaleu Land [I908 : T.N. Aot 1

' . Encumbran.or. , ,125. When a holding or part of a holding is sold

for arrears due in respect thereof, the purchaser shall take, subject to any right or interest which the ryot has oreated therein with the landholder's permission in kiting registered and subject dso to any encumbrances created before the passing of this Act =[but not snbject to my arrears of rent duo in respect of the holding before the date of sale or to interest on such arrears, whether a decree has been obtained or not for such arrears or interest].

Extemt of holding to 126. The portion of the holding brought to sale by be brought the landholder shall be, aa nearly as possible, equal in to ISIO. value to the amount of 'arrears due and costs.

Rulon for 127. '[(l) (a) From t4a proceeds of every sale of a d i s ~ 8 a l holding or part of e holdin- ';' A -';his Act, the Collector m1a- proceeds. ahall make a deduction at dq!"e not exceeding one

Lt - . . %ma in the rupee for poundage. L . l ? ' . ... (b) If the lmdholder purcharses the property and

# I T sets 08 any sum due to him against the purohase-

.' money, he-shall pay the amount chargeable for poundage at the rate specified in clause (a).

(c) The amount deducted or paid on account of poundage shall form part of the oosts and expenses of the sde.]

1[(2)] S[In disposing of the balance of the prooeeds of the s&le] the following mles '[shzll, subject to the provisions of sub-section (2) of seotion 120-8, be observed], tb t is to say:-

(a) them ahall firat be paid to the landholder the oosts inourred by him in bringing the holding to sale :

1 These words were added by section 72 of the Tamil Nedu Estates,Land (Amendment) Act, 1934 (Ttsnil Nsdu Act V I l l of 1934). :. a Original motion 127 was renumbered as sub-seotion (2) of saction 127 and new sub-section (1) waa inserted by section 73 (I), ibid.

- 3 These words were substituted for the wordo " in dis1;oring .< the:proceeds of a sale of e holding under this chapter" by wction 73 (2) (a), ' ibid

4 These words, figures and letter we;@ .subsbituted for the .,;srdr " shell be observed " by ibid.

ita airs h d 617

(b) there shall, in the next plaoe, be paid to tho landholder the amount due to him for arrears and interest up to date of payment ;

(c) if there remains a balance after these sums have been paid, there shall be paid to the landholder therefrom any '[arrears of rent and interest due jn respect of the holding between the date of the notice under section 1121 and the dtite of the sale and the d~fadter shall receive from the selling officer a receipt for the amount so paid ; if the defaulter disputes the landholder's right to receive any sum under this clause, the Colleotor shall register the dispute as a suit and shall prooeed to determine it :

Provided that no payment shall be made to the landholder under olauses (a), (b) and (c) '[until after the

b grant of a certificate of sale under sub-section (2) of aection 1241 ; . ,

(d ) the balance (if any) remaining after the payment of the amount mentioned in clause (c) shall, subjeot to the order of any Civil Court to the contrary, be paid to the defaulter on his application, after the expira,tion of three months from the date of the sale.

128. ( I ) When a proclamation has been made for Right of the sale of a holding or part of a holding and any persptl har~ng person having an interest therein which would be intcresl affected by the sale, pays to the Collector or the selling the holdi~ officer the amount requisite under section 122 to prevent or] paymen,

of :.mout.t &he saJe,- dun.

(a) the amount so paid by him shall be deemed to be a debt bearing interest at six per centum per sn- num and charged upon the holding; and

1 These words end figures were mbst'ituted for the words #' rent whioh may have fallen due to hi? in respect of the holding betwoen the date of application or suit by section 73 (2) I b ) of the Tamil Xndu Estates Land (Amendment) Act, 1934 (Tnmil Nadu Aot VIII of 1934).

1 These words &nd figures were aubabituted for, the wordr " of this section until after the exp~ration of thirty days ftom tho date of sale " by seetion 73 (2) (o), ibid.

EutaCeu Land [is08 : T.N. Aot I

Righb of tenen6 01 rub-tenant co aeawt from tent amount peid for ryob.

Applicetion to set bride ode on deposit of purohese money.

(b) euoh o m &ll trke priority of eppp other charge on the holding, other than a oharge for a m of sent end any prior oherge under this eeotion:

(2) Nothing in this aection lehall deo t any othd remedy to which any suoh person would be entitled.

129. Where a proolamation Bae been made for the mle of h holding or part of a holding of a efaul* ryot, and m y fenant or sub-taunt thereof, whoae interesf would be affeoted by the eale, pays to t?m CoUea- tor or to the selling offioer the amount requisite under reotion 122 to prevent theeele, he may, in addition to any other remody provided for him by law, deduot the whole or any portion of the amount so paid from any rent ayable by him to his immediate landlor& and L that dlord mey in like manner deduot the amount ro deduoted from any .rent payable by him to hie b n e - diate landlord and so on, until tho defeultar is mched.

'(131. (1) When a ryob's holding or part thereof ir gold for an atrear due thereon, the defaulting yo$, or person having 8 right or bterest therein a o t e d by the eale, mey apply to the Colleotor to have the wle sea wide on hie depositing <itb that ofl8aer-

(a) for payment to the Government, the amount deduced for poundage under olauee (a) of sub-seation (1) of eeotion 1278

(b) for pgmen.b Co the landholder, the amount speoaed in the proolemetion of sale se that for the reoovery of whioh the sale wee ordered, to- gethor with subsequent oosts, if any incurred by the landholder in bringing the holding to fiale, end

1 Seation 130 war omitted by motion 74 d the T d N d o Eehtee Land (Ameadment) kt, IS94 (Tamil N d a Aot VIIL of 1031).

8TUr aoofior ram mbrCifoted lor 6he original rechn 131 by &*tion 76, &id.

9 I I

I 1 1908 i TI. Aet I] Sa9)al~ hd $19

I including, -hem (he 1enQhollda. ie (be.purohmer, tho - unoun) p i d by bim ior poundage under oleuee ( b ) of eub-motion (1) of seation 127 lesa bny mount which m y , ainm fhe date of the prodamation of sale, have been reaeived by Cbe landholder) and

(c) 6 r payment fo the purobeer, a rum e q d to five per aentum of the pnrohaee money.

(2) If auoh deposit b mede'tbe Colleotor ahrll paw an order setting wide the sale, and direoting repayment of the purohaae-money a d the flve per centum to the puroharer:

Provided that where the landholder is the pnr- obarer, only the five per oentnm and the balence of the purohase-mone y after deduo ting the amount which he mtr otl under mb-aectlon (2) of motion 120-A shall be direofed to be reppaid to him a5 purcheeer.]

i8S. The proviriona of thi. Chapter shall be &fffgt:i:'r appliuable, as far as may be, fo the exeoutioa by r td e=eou:ion of Revenue &art of any deoree for &wears of rent. deoreea far

ureon of

133, The CoUeator, (a) in exeoubing a decree for O o W w o n e u s fn a suit under this Act or (b) on the 8ppli- ~ ; ~ ~ l ~ ! a , oation of the defaulter whose holding fa to be sold under Cho povision~ of this Chap~er, may, before L~su- %%llsr iw an order for the sale of the holding or part "me PJ'

thereof and on tho defaulter's giving oeourity for the qmount of the debt with ooste and intereat fo the eetisfaotion of the Colleotor, allow the defaulter time in whiob to pay the amount due, provided thet any

- period or the aggregate of any period6 eo allowed shall not exceed two monthr unless the l[Stato Govern- ment] by genera1 or epooid or& dlow a loxigtlr pcrriod.

184. The provisions contained in this Chapter f 0 Extension of the recovery of rent fiom a ryot by distraint and sale appliOdi* - -

1 The words 'a Provlnelel Wzernment '' rere aabetitutal fox the wordr " lac81 OovernxnpC by the Ada bation Order of 1 0 7 n d the word " I ta te warn mbatituJfor, *Ttovh~i.~** by U s Adephtlon Chdnr of 1060.

620 Estafer Lend [I908 : T.N. :Aet 1

of prerkions of movable property aha11 apply, as far as ef tbim Chaptor. may be, to -

(1) the recovery of rent by a landholder from a, tenant of private land in the estate, provided l[pattas] and 1[muchilikas] have been exchanged between them; and

(2) the. recovery of rent by e landowner under ryotwari settlement with %[the Government] or in any way aubjeot to the payment of land-revenue direot to 3[the Government] or any other registered holder of land jn proprietory right from a tenant from whom he has taken a written agreement speoifylng the rent to be paid. - '

'[The provisions contained in this Chaptor for the recovery of rent .from a ryot by a suit before the Collector, shall apply, as far as may be, to the re cov- ery of rent by a landholder from a ryot holding, under a, written engagement specifying the rent payable, a tree or trees apart fi om the land on which they stand in the same village as that in which he holds lands as a ryot.]

1 Tho worQ "pattad' a d "muchilikas" were mubstitutad, roapectivvly. for the worde "puttfib" mtl "~uuohalkar" by seotiori 2 of the Tamil Naqu Es&a Land (Amendmen6) Act, 1914 (Ternil Nadu Act V m of 1934). ,

* The words "the &own'' were ~ubstituted for tho words "the Government" by the Adaptation Order of 1937 snd the word "Qovernment" was substituted for '"Cro~n" by the Adaptation Order of 1910.

* T i e w o r b "the Crown" *re aub~titutrd for the word ua~vernment" by the Adaptation Order of 1937 and tho word "Government" we,s substituted for "Orpwn", by i l i d .

Thie paragraph was added by section 70 of the Tantil Nadu Eatatoe Land (Amendment) Act, 1834 (Tamil Ncciu .bt VnI of 1934).

1908 : T.N. Act I ] Eotates Land 62 1

l[CHAPTER VJI.

185. A landholder shall not be entitled to take, Prohibition reoeive, or exwt from his ryots, as such, under any $$= name or under any pretence anything in addition to the to rent,. rent. lawfully payable. All stipulations and reser- vationa for suoh additional payment sh dl. be void.

136. Every ryot from whom as such, anything haa Recovery of been taken, received or exacted by the landholder in addition to the rent lawfully pay.lble, shall be entitled pnal+ir. to reoover by a suit before the Collector the amount or value of what has been so tzken, received er exacted, and where anything b a been exacted, also such Bum by way of penalty as the Colleotor thinks fit, not ' '

exaeeding one hundred rupees or, when double auoh a~nount or value exceeds one hundred rupees, not exceeding double that amount or value.]

l[CmAPTER ) CII.

186-A. In this Chapter-

(1) the #ayacut' of an irrigation work shall ' aYaau*. ' mean all the lands which are entitled to irrigation under the irrigation work;

(2) 'major irrigation work' shall me .n an irriga- 'm@ior irrigation Gon work of which the ayaout is 200 acres or more in extent and any other irrigation work notified by the District Collector under seotion 136-B; and

(3) 'mir or irrigation work' shall mean any irriga- ~~~~~~i.a tion work whioh is not a major irrigation work. work'. --- - --- -

1 Chaptern VII end v~CIL were substituted for the original cn8 bra VIIC end V I I I respectively by noction 77 of the Tamil &u Estate. b n d (Amendment) Act, 1924 (Tamil Nadu +t vUI of 1914).

&tale$ h n d [I908 : T.N. Act 1

Noaifloafion 188-B. The Dietriot OoUootar may, by notidrntion Oehin in the Dfstriot GIaeette, deolare that any irrigation

W O ~ R B aa r n ~ j ~ r irrigation work &ell be deemed to be, or to be p ~ r t of, a major ~01)U. irrigation work for the purposes of this Chapter, no*-

witbatan- t b t its eysout is l e ~ s then 200 ecrea-

(a) on the ground that the work ia so sitaafsd that any reilwsy may appear liable to be injved from the eeoape or ovedow of weter tborefrm; or

(b) for any other epeoiel reeson.

The ground orreason for every dealeration under this section shall be syeoified in tBe notifioetion.

Appllostionr t o whom to 136-C. Appliostions under this Chapter shell be be mad.. made-

(a) to the Distriot Collector in the oaae of a major irrigation work, end *

(b) t o the Revenue DivieSonal Offioer in the sane of a minor irrigation work.

1%-D. The offioer to whom an appliat~tion is made :$Zt,n. under thia Chapter may himwlf inquire into the appli-

oation or depute an offioer subordinate to him no* below the r i d of a Deputy Tahaildar to make the inquiry. The offioer malring the inquiry shall fix e date md the time and plaoe at whioh the inquiry will take place and cause to be eerved on the reaponden# or respondents a oopy of the applioation and a notiae to ahow oawe why the order prayed for should not iesue. The notice ahall also be posted in the village or villages where the land irrigated is eitmted and ehsll also be published in the manner presoribed so ae to give notioe to the ryota holding lande in the ayacu* of bhe irrigation work. On the day h e d in the notioe or, on any other date to whioh the inquiry may be adjourn- ed , the offimr making the inquiry shall hear the applioant or applioants , the regpondent or respondents and any ryots interested who may attend, and may take evidenoe and make auoh further inquiry as he may think fit. If the inquiry is made by an offioer othm thm the offioer to whom the ~ppliafiopr is made, he ohoU

1908 :' T.M. A d I] Eetated Land

I make a reporb thereon to the offioer to whom the application ie made and shall send him the reoorda of the enquiry; and the offioer to whom the application is made shall pass his order after oonsidering the reporb and hearing the objeotioae, if any, of the parties.

137. The landholder in whose estate an irrigsfim Determination work ie situated or my ryot or .ryots holding land i d - Of ayacu'- gable from the irrigation work may apply for an order determining what lands are or should be inoluded in the syaout of suoh irrigation work. On inquiry or repod under aeofion 186-D, the offiwr to whom the applioation ie m d e ehell pam an order-

(a) determining what lande are or should be inoin- ded in the a y m t of suoh irrigation work, end

(b) olaesifying any such lands ea 'irrigated' or 'garden' if they ere not a3ready so classified, and

(c) determining the rate of rent to be paid on the Imd so OIsRsified.

187-A. Where the ayaout of anirrigation work in UA sanction to .&ate has been determined by an order pawed under extend apeout. motion 137 or in a reoord of rights published under Ohapter XI, the landholder of the eatate may apply for ation ion to extend euoh syaont by the inoluaion in it of the land or lands mentioned in the application. On inquiry or report under section 138-D the offioer to whom the application is made may pms an order-

(a) stmotioning the erfenaion of the eyeout by b h e inoldon of such lands mentioned in the appliolcfion M he finds can be included in the ayaout without preju- diae to the irrigation in the,onatomary manner of the lsads h a d y inoluded in tihe eyecut, and

(b) reclaedfying the lend newly included in the rysout d r oleuse (a) se 'irrigeted' or 'garden', bad

(6) deeemrinio8 the pte of rent $0 be pnid on lmda I

I ro d @ s d .

624 Estates L a d [1908: T.N. Act I

Prohibition 13'7-B. Where the ayacut of an irrigation work in umUth'- an estate has been determined by an order passed under rized

e r t w s i o ~ saction 137 or by a record of rights published under of 1 ~ ~ ~ 7 l l t . Chapter XI, the landholder shall not be entitled to

extend such ayacut except in pursuance of an order. under section 137-8.

R~:las~illca- 137-C. Any ryot holding land under a landholder tion of irrisrtt ,d or ILS irrigated or garden land in the ayacut of an irrigation gardt ,.?end work, may apply for an order for the recl~sification as lirrig&t*d. of such land as unirrigated land, on the ground that

it has not been possible for a period of not less than six consecutive years immediately prior to the date of application, to irrigate such land from such irrigation work. If on inquiry or report under section 130-D the officer to whom the application is made finds that i t has not been possible for a period of not less thin six consecutive years immediately prior to the date of application, to irrigate such land or any portion of i t from the irrigation work in the ayacut of which i t is included, he may p ~ s an order reolassifying such land or portion as unirrigated and determining the rato of rent to be paid on the land or portion so reclassified.

Debormi- 187-D. (1) In determining the rate of rent under nebion clause (c) of section 137, clause (c) of section 137-A rhto of renP ,,,, reolaari. or section 137-C, the officer to whom the application 'a aodlhndr. made shall have due regard to the rato of rent for

similar lands, if any, with similar advantages in the neighbourhood.

(2) Nothing contained in Chapters I11 and XI ahall be deemed to affect the powers of the said officer bo determine the rates of ren6 under any of the provisions referred to in sub-section (1).

4 pi~lication 138. Any ryot or ryots holding land under a land- for repair at holder in the ayacut of an ikigation work, and irrigation wsrk.

(a) paying not Ibss than one-fourth of the rent of the clyaout, or

(b) holding pot less than one-fourth of the extent o fthe ayaout; or . .

: . L _ a 5 I

1908 : T.N. Act IJ E8We8 Lam

(c) depositing such amount not exceeding two hundred rupees in the case of a major irrigation work and one hundred rupees in the case of a minor irrigation work as may be demanded by way of security may apply for the issue of an order for the repair of the work if the work is in such a state of disrepair aa materially to prejudice the irrigation of the l a d e dependent upon i t and if the landholder upon his or their application has refused or neglected to execub the necewry repairs. The application shall state in sufficient detail thefaots on which the claim of the applioant or applioants is based and the general nature of the defects in the irrigation work. Any ryot or ryots intending to file an application under this section and any person or persons authorized by him or them shall have free access to the irrigation work concerned to enable him or them to state these facts and the general nature of these defects.

Expbmtion.-Repaira shall not include petty works such as yearly clearance of supply and distribution channels or minor repairs which the ryots are by law or custom bound to carry out.

139. (1) (a) If on inquiry or report under section rn:nsuia and order on 138-D, the officer to whom the application is made is satisfied- applioation.

(i) that the irrigation work is in such a &ate ' ' of disrepair as materially to prejuacc the irrigation of the lands dependent upon it ; and

(ii) that the state of harepair is not due exclusively to the wrongful aots of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carny out, he may pass an order specifying the works necessary for the restoration of the irrigation work to efficiency and the estimated cost of the same and requiring the landholder to execute the said works within a specified time which may be extended from time to time by the officer, In passing an order specifying or extending the time,the offioer e h d consider any representations mads

126-18-40

626 E8htes Land [I908 : T.N. Act I . by the ryot or ryots who made the application and pay due regard to the capacity of the estate of such landholder to beax within suoh time, the cost. of such works in addition to the cost of other works, if any, ordered by such officer or by any other officer to be executed by such landholder or undertaken by such landholder of his own accord.

(b) If on suoh inquiry or report, the officer to whom the application is made is satisfied-

(i)khat the irrigation work is not in such a state of disrepair as materially to prejudice the irrigation of the lands dependent; upon it ; or

(ii) that the state of disrepair is due exclusively to the wrongful acts of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carry out, he shall d i s m i ~ the application.

(2) (a) The costs inourred by the applicant or rcpplioants or by the landholder in connection with the application, shall be in the discretion of the officer to whom the application is made and he shall have full power to determine by whom and to what extent such o~s t s are to be paid:

Provided that the amount awarded as costs shall be reasonable and that the amount awarded to the landholder shall in no case exceed two hundred rupees in the case of a major irrigation work and ono hundred rupees in the case of a minor irrigation work.

(b) Where any security has been deposited under 8ection138 the officer aforesaid may, if he awasds costs to the landholder under clause (a), pay suoh costa out of the amount of such security and where suoh offioer is satisfied that the application was frivolous, he may also declare the whole or part of the balance, if any, of the said amount to be forfeited to the Government.

(3) An order passed under clause (a) of sub-section (1) shall declare that, if the landholder refuses or wibhin the time specified in suoh order as extended from t.im

908 : T.N. Act I] Eslates L a d 627

to time under that clause, fails to execute the works, he shall deposit the amount of the estimated cost within a time to be specified in that behalf. ,If the landholder fails to make the deposit within the time so specified or within such $&her time as may be allowed, the officer passing the order shall recover the same from the landholder = if ib were as arrear of land-revenue.

(4) On the estimated cost being deposited or reoovered aa aforesaid, the officer shall get the works ex- cuted as soon cte may be by such persons and in such manner as he may direct m d meet the cost of such works from the amount deposited or recovered as aforesaid.

(5) If the amount of the estimated costs deposited by or recovered from the landholder as aforesaid is found insufficient for the completion of the works, the officer may require the landholder to deposit such further sum as may be necessary for the purpose within a specified time and failing such deposit shall recover the same as if it were an arrear of land-revenue and the amount so deposited or recovered shall be utilized by the officer for meeting the cost of the works.

(6) If the amount deposited or recovered from the landholder under this section exceeds the cost of the works, such excess shall be refunded to him.

ExPlaraalion.--For the purposes of this section, the cost of any works shall include the cost, if any, of the inspection of the same after completion.

140. (1) Where the default to mnintain the irriga- Liability 07 tion work in good repair is that of a holder of@ dasaban-

daaabandam inamdar.

dam inam granted prior to the permanent settlement and cod3med but not enfranchised by the I[ ] hve-ent, the holder of the estate served by the irrigation work shdl be entitled to c J 1 on the holder of the dmabandam inam to execute the works specified in the order passed under clause (a) of sub-section (1) of section 139 or to pay for their execution and on his defadt - -

1 The word scBritjsh" wasomitted by seotion 3 or, and the Second Schedule to, the Temil'Nadu RepeaIing and %mendin? 4 ot.. 1955 (Tamil Ndu b o t X-I of 1966).

Temporary reduotion of rent pending completion of work8 of repalr.

Irrigation works serving

- partly an estate and partly Governmont land. .

628 Edata Land El908 : T.N. Act I

to do either, such holder of the estate may execute the said works as directed in the order and recover the cost of the same from the dasabandam inamdrqr by suit before the Collector. The amount of the decree may be recovered as if i t were on wea r of rent.

(2) Nothing contained in sub-section (1) shall be deemed to affect the right of such holder of the estate to resume such inam for proper cause.

141. At the time of passing an order under clause(a) of sub-section(1) of section 139 or at any time subsequent thereto the officer passing the order may, on the application of any ryot or ryots holding lands in tho ayacut of the irrigation work in respect of which such order is passed, direct such temporary reduction of rent as he thinks fair and equitable until the works specified in such order have been completed.

142. (1) If the irrigation work serves partly an estate and partly Government land, the repair as aforesaid shall invariably be executcd by the District Collector, and after notice to the landholder giving him an opportunity to examine the stated cost of the repair and urge his objection thereto, if any, the charges incurred shall be divided between l[the State Governmont] and the landholder in proportion to the extent of land belonging 2[to the Government] which is registered as entitled to irrigation from the work and the extent of land belonbing to the landholder for which he is entitled free of separate charge to irrigation from the work. The portion due by the landholder shall be recoverable as an arrear of land- revenue.

1 The words "the Provincial G~vernment " wem substituted for tho wordsC'the Government" by the Adaptntion Order of 1937 an6 the word "State" we8 substituted for '' Provincial;' by the Adaptation Order of 1960.

2 The words '::o the Crown "were substituhd for the words rC to Government by the Adaptation Ordor of 1937 and the word " Government " was substituted for Crown ", by ribad,

3908 : T.N. Act I! lCstcztes &and 629

(2) Nothing in sub-section (1) shall apply to irrigation works bolonging to the l[Governmen tl 1 which the *[Government] 2[is] bound to maintain, and from whioh the landholder is entitled to a supply '-,

of water free of charge. , r

(3) A landholder who is dissaiisfied with an order of the District Collector under this section may we in a Civil Court to have it set aside or modified on either of the following grounds :-

(a) that he is under no obligation to repair the irrigation work conoerned ;

(b) that the proportion of the charge which . :L

he is liable to pay under sxib-section (1) has been 1 .

> 1

wrongly oalculoted. :, 3 , , . v * - r > ' y If the order is set aside or modified, the Cour' shall ,

direct the refund of any amount found to have been improperly levied.

143. (1) The provisions of this Chapter shall Irrigation works u

apply, so far as may be, to an irrigation work serv- re ing more than one estate. than orIeost& te.

(2) Where an imiga$ion work serves more than one edtate, the s[Sbate Gwernment] may make rulss for-

(ti) regulating the procedure to be adopted ;

(b) determining and adjusting the rights and liabilities of the landholders and the Qots concerned ; and

1 The word '# Crown " was suhtituted for the word " Govern- ment " by the Adaptation Order of 1,(137 and the word " Govern- ment " was substituted for " Crown by the Adaptation Order of 1950.

2 This word was substituted for the ford " arc " by the Adap- tation Order of 1937.

a The worda 6 L Provinoial Gov~rnment " were substituted for the worda "Local Government by the Adaptation Order of 1937 and the word " State " was substituted for "Provincial "! by th Adaptation Order of 1960.

r

630 88ta;tes Land [I908 : T.N. Aet

(o) providing for the recovery of the cost O F

carrying out the repairs.

~e~ en juris- 144. NO Civil Court shall issue an injunotion or dietion of eivi* save as provided under sibction 142 entertain a suit osurte. regarcling the proceedings of a District Collector or

Revenue Divisional Officer under this Chapter.]

CHAPTER IX.

Recognition of l[146. (1) Whenever a holding or any portion tranlfer er thereof is tranaf~rred or whenever the same devolves devolutien be]ding or ef by operation of law, the landholder shall, subject to pertien .fa the provisions of this section, be bound t.0 reoognizo Le1di.g. such transfer or devolution and enter into a, fresh

engagement or engagements as hereinafter provided.

(2) Where a holding or any portion thereof is trandferred by the act of a ryot, the landholder on receiving notice thereof in writing from the transferor and the transferee shall recognize the transfer.

Any person presenting for registration any document hnsferring a holding or any portion thereof shall present therewith a notice in writing signed by the transferor and transferee, and addressed to the landholder asking for recognition of the transfer, and shall also pay to the registering officer such fee as the [St&te Government] may prescribe for the transmission of such notioe to the landholder. The landholder shall reiognize the transfer on receipt of the said notioe.

- -- - - - --

1 Seotion 146 wes substituted for the original seotiona 146 end 146 by seotion 78 of tho Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VIII of 1934).

$The words " Provinoiel Qovernment " were substituted for bhe words h l G o v m e n t " by the Adeptation Order of 1037 end the word " State" wa9 substituted for "P@vinoQl" by the Adeptation Orderof 1950.

(3) Whm there is a binding adjudication as . to the fact and validity of a transfer of a holding or any portion thereof in any proceeding before a Civil or Revenue Court to which both the transferor and the transferee me parties, the landholder ahall, on the production of a certified copy of. the judgment, decree or order in such proceeding, be bound to recognize such transfer.

(4) Where a holding or any portion thereof is transferred in pursuance of a deolee or order of a Civil Court, or by a sale for axrears of rent, or for arrears of Government revenue, or for any demand recoverable as arrears of Government revenue or an arrears of rent, such tmnsfer shall be recognized by the landholder on production of a certified copy of tho decree or order establishing the transfer, or in omes in which the tmn-fer is effected by sale under the order of any Court or publio officer, on production of the sale certificate or a certified copy thereof.

(6) Where a holding or any portion thereof devolves by operation of law, the landholder on receiving notice thereof in writing from the person on whom the holding has devolved shall recognize the devolution.

(6) (a) Where either the transferor or the transferee fails to join the other in applying to the landholder for recognition of the trarsfer, the transferee or the transferor, or where any dispute arises as to the pemon or persons on whom the holding or portion thereof has devolved, any person olaiming by devolution the holding or portion, may apply to the Collector for an order certifying the transfer or the devolution, as the case may be.

(b) The Colleotor, after giving notice to the tmnsferor or .transferee or other pemon interested and a* making such inquiry as he thinks fit as to the faat and vaIidity of the transfer or as to t b person or persons on whom the holding or portion has devolved, may pasa an order certifying the tranefer

632 Estate.9 Land [I908 : T.N. A d I

or devolution, as the case may be. On production of a cer'tified copy of such order the landholder shall be bound to reoognize the t.ransfer or the devolution.

(c) Nothing in this sub-section shall h r any suit in a Civil Court for establishing or setbing aside any transfer or for enforcing any elaim based on a devolution by operation of law. .

(7) W.hf3~0 the landholder has recognized the transfer or devolution of any holding or portion thereof under the foregoing provisionv Gf this ssetion-

(i) in case the transfer or devoluiion is of the entire holding, the landholder shall be bound to enter into a separate engagement with the transferee or the person on whom holdin devolves, or if there is more than one such trans f eree or person, into a joint engagement with such transferees or persons ;

(ii) in cas'e the transfer or devolution is of a portion of the holding and the portion is not defined by metes and bounds, the landholder shall be bound to enter into a joint engagement with the transferor and the transferee and the other co-sharers, if any, or with the person or persons on whom the portion of the holding devolves and the other co-sharers, if any :

Provided that if the transferor has ceased to possess any intere~t in the holding, his mme may - with his consent be omitted from suoh engagement ;

il

(iii) in case the transfer or devolution is of q a portion of the holding and the portion is defined 1 by metes and bounds the landholder shall be bound to enter into separate engagements with the holders of the sub-divisions :

Provided that the landholder shall not be a bound to enter into ngagements unle~s each

1908 : T.N. Act I] Estata hlid 0:13

of the sub-divisions conforms to the rules made ' by the [State Government] in that behalf.

(8) In any case falling under the proviso to clause (iii) of sub-section (7), where the landholder does not enter into ~eparate engagements with the holders of the sub-divisions he shall be bound to enter into an'engagement with them jointly.

(9) The distribution of rent bhween the sub- divisions referred to in clause (iii) of sub-section (7) shall be made in the Grst instance by the landholder.

If the distribution of rents be delayed for over six months or is not assented to by any of the parties concerned, the Collector shall on application by any such party make such distribution and the same shall be binding on the landholder and on all the other parties concerned.

(10) The transfer of a holding or the recognition thereof by the landholder shall in no way affect tho charge on the holding or the lands comprised therein for the rent which accrued due thereon prior to the date of the transfer or its or their liability therefor.

(11) The provisions of t,his sect,ion shall apply to the partition of a holding among the co-sharers as if it were a transfer.]

1 The words 6 ' Provincial Government " were substitubd for the wor& c8Local Government" by the Adaptation Order of 1937 and the word "Stst8" was substituted for "Provincial" by the Adaptation Order of 1960.

a Seotion 146 was substituted for the original sections 146 and 146 by seotion 78 of the Tamil Nadu Estates Land (Amendment) Act 1934 (Tamil Nadu Act VIII of 1934).

Estates L a d El908 : T.N. Aet I

Prowding 147. (1) All act6 and proceedings commenced against transferor or

or had under this Act against the transferor or the co-shr prior 60-sharers l Cprior to- to notice to be valid against transferee or (a) the giving of the notice under sub-section co-sharer. (2) of section 146, or

(b) the production of the certified copy of the judgment, decree or order under sub-section (3) of that section, or

(c) the production of the certified copy of the decree or order or the sale certificate or certified aopy thereof under sub-section (4) of that section, or

(d) the produotion of a, oertified copy of the w h r under sub-section (6) of that section,

in so far as ] such acts and proceedings affect or purport to affect the land on which the arrear is due, the crops growing thereon and t,he products gathered therefrom, shall as against the trctnsferee ,

or co-sharer be as valid apd effectual as if suoh acts and proceedings had been commenoed or had against

I the transferee or co-sharer himself, and he had been i the defaulter.

4

(2) =[Any notioe required under section 146 may also be served1 in the manner provided by sub- section (2) of section 78.

(3) The transferor or co-sharer shall not, until notice is glven in writing cts aforesaid '[or until the document referred to in clause (b), (c) or (d) of sub- -

1 These worda, Bgurer end letten were ~ubstituted for the words and figures "prior to the giving of notice under reation 146 or prior to the production of, ruoh copy of the decree or o r e or oertifloab of rele under section 146 in no far am by section 79 (i) of the Temil bTsdu Eshter Land (Amendment) Act, 1934 ( T d Nmdu Act VII I of 1934).

8 Theso words and figurer were rubrtituted for the word. m d figurer " The notice required under aeotion 146 ahdl be served " by sectJon 79 (ii), &bid.

a These worde, letters and figure were inserted by nection 79 (iii), ibid.

i9~8 : T.N. Act I] Eatate h n d 636

seotion (I), as the case may be, is produced] by reason only of the transfer or division, cease to be subject to any of the liabilities attaching to him as a ryot.

148. When any landholder transfers the whole Notice of or a portion of his estate or land, or when any estate t r ~ ~ ~ ~ , " ~ y or land is partitioned among co-sharers, the land- Endholder holder and the transferee or the co-sharer, as theandtramfe*ee case may be, shall give notice of such transfer or or oo-sharer.

partition, by publication in the District Gazette and in such other manner as the l[State (rovernment] may by rule direct, to the ryots as the case may be in omupation of the land transferred or partitioned, and, unless and until such notice is given, no ryot shall be liable to the transferee or co-sharer for any rent which became due after the transfer or partition and wcts paid to the landholder before notice of such transfer or partition was given to the ryot, and all proceedings against the landholder taken by any of the ryots to whom no such notice was given shall be as effectual and binding on the transferee or co-sharer as if they had been taken in the first instance against the transferee or co-sharer himseIf.

CHAPTER X.

149. (1) Every ryot '[* * * * * * ] may,Relinquishment with effect fiom the end of any revenue year, relin- $2lding by quish -a [by a notice in writing signed by him] his holding or any part thereof, not being leas than a,

revenue field, provided that the portion relinquished is accessible, and provided that the apportionment of the rent on the part retained shall be made by the

1 The words " Provincial Government " were substituted for the worda Q Loas 1 Government, " by the Adaptation Order of 1937 and the word "State" wan substituted for "Provincial" by the Adaptation Order of 1950.

The word8 "other than a ryot of old was? bound by a leue or other written agreement for a fixed period were omitted by section 80 (i) of the Tamil Nndu Eatatee Land (Amendment) Act, 1934 (Tamil Nadu Act VITI of 1934).

These words were inserted by seotion 80 (ii), ibU.

636 Eatutes Lmd [I908 : T.N. Aot I

laadholder subject to revision by the Collector on application by the ryot. The portion retained shall be treated as a new holding and a fresh l[patta] and l[muchilika] shall be exchanged in respect of the same for the revenue year next succeeding that in which notice of relinquishment is given.

(2) A ryot who so relinquishes his holding or p& of his holding shall be liable at the suit of the landholder before the Collector to indemnify him against any loss of rent on the holding or the part thereof for the revenue year next following the date of the relinquishment, unless the ryot gives to the landholder on or before the first day of April notioe of his intention to relinquish.

ApDlicaiiion to 150. (1) If the landholder refuses to receive any Collector for notice under sub-section (2) of section 149, the ryot service of notioe. may, not later thanthefifteenth day of April, make

an application to =[the Collector] who shaJl thereupon cause the notice to be served on such landholder, the ryot paying the costs of servioe.

(2) Every such notice shall be deemed to have been received at the time it was first tendered.

Suit for ejeotrnent.

151. (1) A landholder may nstitute a suit before the Collector to eject a [a ryot] from his holding only on the ground that the ryot has materially impaired the value of the holding for agricultural purposea and rendered it substantially unfit for such purposes.

(2) Notwithstanding anything contained in this section a landholder may sue before the Collector for compensation in addition to, or in lieu of, ejectment ; or for an injunction, or for the repair of the damahe or waste, with or without compensation.

1 The words " patta " end '' muchilika " were substituted respectively for the words " puttah " and " muohalh " by section 2 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil 4

Nadu Act VIII of 1934). 2 T F words were substituted for the words " a Revenue

offioor by section 3 (S), iba. ,These worde were substituted for the wordo "an occupancy

r y ot by seotion 81, ibid;

1908 : T.N. Act I] Estates Land 637 F

152. If in any suit under the preceding seation Decree where [a ryot] is found lisble to ejectment, but it appears z$f&

that tbe damage to the holding admits of being 0rpacunia~ re~aired,.,~*ahat pecuniary compensation would compensation afford adequate relief, the decree shall provide that, ~~~~ if within one month from the date thereof or such relief. further time tts the Collector for rettsons to be recorded may allow, the ryot does not repair the damage or pay tts compensation a sum which shall be fixed by the Collector and specified in the decree, he shall be ejected.

155. The following rules shall be applicable inRight of the case of every ryot ejected from a holding :- ejected ryot

inrespect of crops and land

(1) When the ryot haa, before the date of his fg:gd ejectment, sown or planted crops in any land comprised in the holding, he shall be entitled, at the option of the landholder, either to retain possession of that land and to use it for the purpose of tending and gathering in the crops, or to receive from the landholder the estimated value of the labour and capital expended by the ryot in preparing the land and sowing, planting and tending the crops, together with reasonable interest thereon.

(2) When the ryot has, before the date of his ejectment, prepared for sowing any land comprised in his holding, but has not sown or planted crops on that land,he shall be entitled to receive from the landholder the estimated xalue of the labour and capital expended by him in so preparing the land, together with reasonabld interest thereon :

1 Them words were substituted for the worde "en occupanoy ryotw by mtion 81 of the Tamil Nedu Estates Land (Amendment) Aot, 1934 (Temil Nadu Act V I I I of 1934).

8 Seotiorur 163 end 164 were omittad by section 82, ibid.

Payment by ryot for oooupation of lend under preoeding reotion.

Eviotion of tenant under Oollector's warrant.

638 Estates Lami [I908 : T.N. Aot f -

Provided that a ryot shall not be entitled to retain possession of any land or receive any sum in respect thereof under this section when, 4-r,r rh,-;mencement of prooeedings by the lanGt , "--.,i~ ejeotment, he has cultivated or prepared the land contrary to local usage:

Provided &o that the rent, if any, payable to the landholder by the ryot at the time of ejectment may be set off against any sums payable to the ryot under this section.

156. When a ladholder elects, under clause (1) of the l&s% foregoing section, to allow a ryot to retain possession of m y land for the purpose speosed in that clause, the ryot shall pay to the landholder, for the use and ocoupation of the land during the period for which he is allowed to retain possession of the same, rent at the rate at which the ryot waa holding.

Eviction of Tenanta %[an& Ejectment o j Treqarrcrr.]

158. When any tenant of private land in an estate shJl be in arrear a t the end of a revenue year and when there is no suilloient distress upon the premises to satisfy the' wear, the landholder or hie authorized agent may apply to the Uolleotor for s warrant authorizing him ta enter upon and take possession of the premises. Suoh wmant s h d be granted upon the produdion of a written statement of the person applying for the warrant, which s t a b ment shall contain the name of, the defeulter, the description and extent of the premises, the amount due for arrears, interest and costs of distraint, if any, and the date at which the &rreaz fell due, and also a declaration that there is no suffioienp distrees upon the premises. Suoh statement shall be filed in the offiw from which the warrant issues. ---

1 Seotion 167 was omitted by seotion 83 of the Temil Nab Eetatee Land (Amendment) Aot, 1954 (Tamil Nadu Aot of 1934).

Them worde were i k t e d by seation 84, W.

1908 : T.N. Act I ] #states Land 639

159. The warrant shall state the defaulter's name, CoLteltbe I

the whole amount due and the description and extent W"r8"L. of the premises, and shdl set forth that, d e s s payment is made within ateen days the defaulter will be turned out of possession. The Collector may, for special reasons, extend the period of fifteen days mentioned in this section.

160. The warrant shdl be entrusted to an officer Exeoution of of police, -who shall serve i t after the manner laid down in sub-seation (2) of section 78. If within fifteen

t F

days after servioe, or within the period extended by '

li the Collector under the lmt foregoing section, the

b amount named in the warrant is not discharged and 1 [if no application has been made by the defaulter to the Collector] to set aside the warrant, or if 1 [such

L application] has been decided against the defaulter, the police officer shall place the landholder in possession.

161. Where possession has been delivered under Detemination the last preceding section, the defaulter may file a of tenenoy. suit in a Civil Court within thee months from the date of delivery for an order to set aside the proceedings and to restore him to possession, and subject. to the result of such su&, if any, the defaulter's right and interest in the premises shall cease and determine.

162. Nothing in sections 168 and 161 shall apply Saving clnuso. to any land in which the tenant has a saleable interest.

a [163. A person who unauthorizedly occupiesRates of rent for agricultural purposes ryoti land which at the and damages time of the occupation is not held by any ryot, shall p ayable for unauthorized ooo- he liable to pay for each revenue year or portion upation ofryoti thereof the rent fixed for that land or, if no rent has land. been fixed, such sum as the Collector may, on application, determine to be fair and equitable.

-. 1 The words " if no applioation ha8 been made by the defaulter

to the Collector" were substituted for the war% '& if no suit hss been fled by the dzfeulter before the Collector and the words "moh appliag tion were substituted for the words '* suoh suit " by motion 86 of the Tamil Nsdn Estates Land (Amendment) Aot, 1834 (Tamil Nedu Aot V I I I of 1934).

9 Seotione 163 and 163-A were substituted for the original eotion 163 by motion 86, ibid.

640 Estates L a d [I908 : T.N. Aet I

He shall also be liable to pay, as damages for the unauthorized occupation, such sum not exceeding one year's rent as so fixed or determined, ae the Colle- ctor may on application award, and the landholder may recover all sums due under this section as if they were arream of rent.]

Ejectment of [163-A. (1) (a) Any person who otherwise trespesser' than by inheritance or legal transfer occupiea

r p t i land in an estate and has not been admitted as a ryoli by the bndholder or is not deemed to have been admitted as a ryot under the provisions of a[Explanation (311 to sub-motion (1) of section 6 shall be liable to ejectment as a trespasser by suit in a Civil Court.

(b) Such suit shall be instituted within twelve years from the date of commencement of the occupation.

(c) It shall not be open to the defendant in sucb suit, to set up the plea that he has, since the institution of the suit, acquired the status of a ryot , by virtue of the Explanation to clause (16) of section 3.

(2) In any suit for ejeotment under this section, the landholder shall also be entitled to mesne profits and damages for unauthorized occupation which shall be assessed at Bhe rates fixed under section 163 or if there are no such rates, at the rates which the Court mag defermine in accorhnce with. the provision contained in section 163:

Provided that where the landholder b s received rent for any year, he shall not be entitled to any further damages for unauthorized occupation for that year].

- - --

1 Eleotions 163 and 163-A wem mbtitutedfor the original motion 163 by seotion 86 of the Temil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Act Vm of 1934). ' l'he word, figwe and braokete were substituted for the ,word,

figure and braokets "Explanation (2)" by seation 7 of the . Tamil Nadu Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Aot XVIII of 1936).

1908 : T.N, Act I] B8bdes Land 6 41

CHAPTER XI.

SURVEY, REOORD-OF-RIGHTS AND RETTLEMEXT OF RENTS.

164. (1) The l[@tat;e Government] may make an order direding that a suwey be nude and a Power of Stat* recor d-of-rights be prepared by '[the co~eotor] ~ ~ ~ ~ & e , in reapectf of an estate or portion of an estate, in the m d r e ~ , , d . ~ f , following CSS~S, namely:- rights.

I (a) where-

I (i) the landholder or ryots, or

(ii) not less Dhan one-half of the total number of landholders, or

(iii) A landholder or a proportion of the land- holdera whoee interest or the aggregate of wharu, interests, respedively, in the estate or portion thereof is not leas in value than one-half of the total shares of all the landholders therein, or

(iv) not less than one-fourth of the total number of ryota-

I

I applies or apply for suoh an order, depoeiting or giving seourity for suoh amount for the p a p n t of expenses as the '[&ate Covernmentl direot;

1 The words "Provinaial Uovernment" were rubetituted for the words "Local ~overnment" by the Adaptation Order of 1937 and the word '#8tetew was substituted for "Prorinoid" by the Adaptation Order of 1960.

"i'hese words we= substituted for the wtmb "a Revenue OBmr "by mobion 8 (2) of the Tamil Nadu Estate# Land (Amendment) Aot, 1984 (Tamil Nadu Aot Vm of 1934).

642 Estatcs Land [I908 : T.N. Act I

(b) where iiz the opinion of the l[State Govern- ment] the grepnration of such a record is required to secure either the ryots generally or tho landholder of an ostato or portion of an estate in the enjoyment as such of their or his legal rights or is calculated to settle or avert a serious dispute existing or likely to arise between the ryots generally nnd thoir lmdholder; or

(6) where the estate is an estate managed a [on behalf of the Government] or is under the auperintendenoe of the Court of Wards.

(2) A notification in the official Gazette of an order under this seotion shall be conolusive evidence that the order has been duly made.

8[(3) The survey s h l l be made under the *CTamil Rdu] '@bmil Nadu] Survey and Boundaries Act, 1933, and

the record-of-rights shall be prepared in accordance Of 1923. with the rules prescribed by the '[Sf;ate Gove~nmentj and ' may, if the [[Shte Government] so direct, include-

(a) a, record of all rights end obligations of eacl rgot and landholder in respect of-

(i) the use by the rgots of water for agricul- 1

turd purposos whether obtained from a, tank, well 1 or anv other source of supply; and

- 1 The words 'cProvincial Government" wen, substituted for the

words "Looal Government" by the Adaptation Order of 1937 and 1

the word "State" was substituted for "Provincial" by the Adapta- tion Ordor of 1960- j

1 The words "on behalf of the Crown" were substituted for the words " by the Uovernment" by the Adaptation Order of 1037 snd the word "Qovernment" was substituted for "Crown '.by the A b p - tation Order of 1960.

a Sub-seotions (3) and (4) were substituted for the original sub. seotion (3) by seotion 87(1) of the Tamil Nadu Eetatea h d (Amendment) Aot, 1934 (Tamil Ncdu Aot VIII of 1934).

"ese words were substituted for the word "Madrls" by the T-il Nadu Adaptation of La* Order, 1969, as amended by the T&l Nadu Adaptation of Lam (Second Amendment) Odor, 1989, which f oame into form on the 14th January 1969.

. . I d d 1 I

1908 : T.N. .Aet I] E8tates Lam? 643

(ii) the repair and maintenance of worke fos securing a supply of water for the cultivation of the land held by &ch ryot whether or not auch worka be situated within the boundaries of such land; and

(b) a record of any special rights which by law or by custom, the ryofs may have in the waete land of the estate.

(4) Certified oopies of the survey plan, suivey land register and field measurement sheets relating to any village or the area therein which h s been eurmyed shall be furnished to tho b a r n of the village and shall be available for inspection by the ryots thereof.]

[Explanation.-In the case of an estate already survejed which or a portion.,of which ia taken up for the preparation of a record-of-rights under . thi6 seotion the survey required by this section m y be limited to what is necessary for the preparation of a record-of-rights.]

165. When an order is made under the last fore- P,ticulrrg 1, going section, the prticulars to be recorded shall bereoorded. be specified in the order and shall include, either wikhout or in addition to other particulars, some or all of the following, namely :-

(a) the name of each ryot's Isndholder and of each landholder in the estate or portion therof;

(b) the name of the ryot, '[* ** **] or where there is no ryot, the name of the occupant;

(G) the situation, extent and one or more of the boundaries of the land held by the rpt, as shown in the survey m p of the village;

1 This explanation was edded by nection 87(2) of the Tamil Nadu Estates Lend (Ammdment) Aat, 1934 (Tamil Nadu Aot Vm of 1934)

a The wordti "and whether the ryot ie an oooupancy 01, a noo-oy ryot " were omitted by motion 88, W.

(d) whothor the land is irrigated, unirrigated, l

or garden lnnd and, if irrigated, whether double or single crop; I I

(e) the rent lawfully payable nt the time the record is being prepred and whether the ryot is entitled to the benefit of proviso (a) to clause (i) of sectioq 30;

(f) how the. rent has been fixed, whether by decree orunder the provieions of this Aot or otherwise;

(g) any righta lawfully incident to the holding;

(h) if the rent is gradually increasing rent, the times at which and steps by which it increases;

(i) if the hnd is claimed to be held free of rent, whether rent is adw,lly paid or not; and when rent is not wid., whether the occupant is entitled to hold the land without such payment and if so entitled, on what authority; and tihe rent payable, if the land were liable to rent;

(j) the record of irrigation rights ordered under sub-section (3) of section 164 l[and the record of special rights in the waste land ordered under the same sub-section].

Publication of 166. (1) *en the a [Collector] has, after 1138- pdrnina~ such inquiry ss he sees fit, completed a preliminary reoord end en- tewinment of record for the estate or prtr of the estate, he shall objeotions there- publis$ a, &aft thereof in the prescribed manner and to. for the prescribed period, and shall receive and con-

sider any objection to any entry therein or to any . omission therefrom, which may be made during the pried of publication. -

Them word8 were added by eection 88(ii) of the Tamil Nadu ~etattes Land (Amendment) Aot, 1934 (Tamil W u Aot V I l I of 1934).

* Tbh word wae,,~ubstituted for the worda '6Offi-r p m m t le reoord of rights by eeotion 3(2). i b i d .

1908 : T.N. Act' I] Estates Land 645

(2) When such object,ions have been coneidered ~ ~ b l i & b ~ ~ ~ and disposed of acaording to such rules as the 1[8tate of h a 1 reoord. Government] shall prescribe, the 2[Collector] shall finally frame the record, and shall cause it to be locally pul-lished in the prescribed manner, and the publication sllr,ll be conclusive evidence that the record has been duly m d e under thia Chapter.

"(2-A) The Colleotor hall, along with tho final reoord, muse to be publi~hed the nnmcs or official designation of the person to whom and tbe date on or before which tho '[Stp,te Government*] direct that applications for settlement of rent undsr sub-section ( I ) of section 168 should be made.

Any date fixed by the l[Stata Government] under this sub-section shall not, be earlier than six months from the date of publication of the bl record.

(2-B) A certified copy of the final record-of- .rights relating to any village or zhe area therein for which such record-of-rights h a been prepared as well as of all amendments thereto made under the provisions of thh Chapter shall he furnished to the khrnam of euch village and shall be available for inspection by the ryots thereof.]

(3) 8epar~,te draft or final records mzy be published '[and separate dates fixed] under this section for different portions of the estate.

1 The words "J?rovincial Government" were substit~~ted for the worde " Looal Government " by the Adaptation Or? of 1937 and the word "State" was eubstituted for "Provjncjal by tho Adap. tion Order of 1960. .

* This word was substituted for the Words "Officer aforemid" by section 3(2) of the Temil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

Sub-seotions (2-A) and (2-B) were insertrd Fy seotion 8g(j), &id.

4 Them words were inserted by sections 89 (ii), &bid.

Presumption as to finel publioation and oorreotnesr of reoord-of- rights.

646 Esstee Land 11908 : T.N. Act I

167. (1) In any suit or other proceeding in which a record-of-rights prepared and published under this Chapter or a duly certified copy thereof or extract therefrom is produced, such record-of-rights shall be presumed to have been finally published, unless this is expressly denied, and a ~ e r t i f i ~ t e signed l[by the Collector or by the District Collector] of any district in which the estate or part thereof to which the recold-of-rights relates is wholly or partly situate, stating that a record-of-rights haa been h a U y publiehed under this Chapter, shall be conclusive evidence of such publication.

(2) The '[state aovernment] may, by notification, declare with regard to any estate or portion of an estate that a record-of-rights has been finally publ-

, ished for every village included therein and such notifi-. cation shall be oonclusive evidence of such publication.

(3) Every entry in a record-of-rights so published shall be evidence of the matter referred to in such entry, and shall be presumed to be oorrect until the contrary is proved.

168. (1) SIIf on or before the date fixed under sub- section (2-A) of section 166 in respect of any village or any area for which a record-of-rights is published where such area is less than a village or within such further period, if any, as the 2[State Goveinment] may, 4[ * * * ] from time to time, think fit to allow] either the landholder or the ryots apply for a settlement of the rent, provided that in the case of

1 These words were substituted for the worde "by the Revenue Offioer or by the Colleotor " by motion 3 (2) of the Tamil N d u Estates Land (Amendment) Aot, 1934 (Tamil Nsdu Act Vm of 1934).

a The words 6'Provinoial Qovernment" were substituw for the words "Looal Fvernment" by the Adaptation Order of 1937 end t& word " Stete wtu substituted fog "Provinoial" by the Adeptation Order of 1950.

8 These words and f ig~re8 were substituted for the wor& end figures "If within two months from the date of anal publioation of the reoord-of-rights under sub-motion (2) of section 166 by seotion DO(1) (i) of the TemilNed~ Eataten Land (Amendment) &, 1934 (Tamil Nadu Aot MI of 1934).

4 Th. worda "in their disoretion" were omitted by the A d s p ~ ~ , , Order of 1937.

>


ryots the application is made by l[holders of not leas than one-eighth] of the total extent of the %[holdings in such village or area], the a[Collector] shall, if the '[State Government] so direct, settle a fair and equitable rent in respect of the land '[situated in such village or area].

Explanation.-A landholder may apply for a settlement of rent notwithstanding that his esta.te or part thereof has been temporarily leased.

6[(l-A) Notwithstanding anything contained in sub-seotion(l), the '[State Government] may a t any time direct the Collector to settle a fair and equitable rent in respect of the land situated in any village or area for which a finel record-of-rights has been published separately under section 166.1

(2) In settling rents under this section, the 7[[Collector] shall presume until the contrary is proved that the existing rent or rate of rent is fair and equitable and shall have regard to the provisions of this Act for determining the rates of rent payable by a ryot.

(3) The "Collector] may in any case under this section propose to the parties such rent or rate of rent as he considera fair and equitable ; and the rent so proposed, if accepted orally or in writing by the parties, may be recorded as the fair and equitable rent and shall be deemed to have been duly settled under this Act.

1 These words we;: substituted for the words "hoIdere of not less than one-fourth by seotion 90(1) (ii) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Aot VI I I of 1934).

Thy words were substituted for the words "holding in the village by seotion GO(1) (iii), ibkd.

8 This word waa substituted for the words "Revenue Officer" by seotion 3(1), ibid. ., t

4 The words "Provinoial Government" were substitilted for the words "Looal Qover~lment'' by the Adaptation Order of 1937 and the Word "Stctte" w ~ s substituted for "Provinoial" by the Apaptetion Order of ISSO.

5 Those words wero added by seotion 90 '1) (iv) of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot M I of 1934).

6 This sub-seotion was insortvd by section 00 (2), ibid. 7 This word waa substituted for the word "0ffiCor" by seotion

a(q, *id.

W8 Estates Lazui [I908 : T.N. Act I

(4) Where the parties agree among themselves, by compromise or otherwise, as to the amount of the rent, the l[Collector] shall ~atiefy himself that the amount agreed upon is fair and equitable, and if so ratisfied, but no* otherwise, he shall record the amount so agreed upon as the fair and equitable rent. 3f not so satisfied, he shall himself settle a fair and eqvi- table rent as provided in sub-sections (2) and (3).

Prelimbry 169. (1) When a wttlement has been completed ~ublioation under section 168, the '[Collector] shall cauae a record end r mend- men* of thereof to be made ahowing tho name of the landholder ~lt lemsnt and the ryot, the extent of tho holding and such other tocord. particular8 as the *[State Government] may direct and

the amount of the rent settled therefor and shall cause a copy thereof to be published in the prescribed manner and for the prescribed period, and shall receive and aondder any objections a e to any entry in sudh record or omission therefrom, during tho period of publioation, and ahall dispose of such objections according to such rdes as the S[State Government] m y prescribe.

(2) The l[Colleotor] may, of hie own motion or on the application of any party aggrieved, a t any time before the settlement record is submitted to the confirming authority under section 170, revise any rent entered therein : -

Provided that no suoh entry shall be revised until reasonable notice has been given to the parties concerned to appear and be heard in the matter.

i

Fit4 rarisir n of 170. (1) When all objections have been disposed uttlement of under section 169, the '[Collector] shall submit the reeord and

%This word war eubetituted for the words "Revenue OBoerV by wotion 3(1) of the Tamil Nedu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VIII of 1934). !

1 a The womb "Provinoial Uovernxnmt" were mbetituted for

the wordo "Looal CIwemmnt " by the Adaptation Order of 1937 end the word "Stete " was eubetituted for 61 Provinoiel'~g by ths .s Adaptation order of 1950.

1908 : T.N. Aet I] Zstates h n d 649

settlexnent record to the confirming authority appointed $;&PY~? by the '[State Government] with a full statement of in reoodsd-of. the grounds of his proposals and a summary of the rights. objections (if any) which he has received.

(2) The confirming authority may sanction the ,S settlement with or without amendment, or may return

it for revision. lvhe confirming authority shall have F power to modify any order passed by the Collector c, on any objection made under section 169 :]

Provided that no entry shall be amended, or omission supplied until reasonable notice has been given %to the parties concerned to appear and be heard in the matter.

(3) After it has been sanctioned by the confirming authority, the settlement record shall be incorporated in the record-of-rights published under sub-section (2) of section 166, and the record -of-rights as so amended shall be finally republished in the prescribcd manner end such publication shall be conclusive evidence that the record has been duly made.

a[171. An appeal, if presented within three ~ ~ ~ ~ r t * months from the date of the final republication of R,,,,,, the record-of-rights under sub-section(3) of section 170, aathorit~. shall lie from every order passed by a Collector on any objection made under section 169, with such m a - cation,if any, as may be made therein by the confirming authority under sub-section (2) of section 170 and such appeal shall lie to such superior Revenue authority as the l[State Government] may, by rule, prescribe or to an offioer specially empowered by the l[State hvernment] in this behalf.]

I

1 The worda " Provinoial Government" were substituted for the worh Local Government" by the Adaptation Order of 1937 and the word 8tste" wee substituted for " Provincial " by the Adap- tation Order of 1960.

This sentence was added by seotion 91 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

This motion was uubstituted for the origin81 section 171 by rection 92, W.

65 0 lhtates L a d ti908 .: T.N. Act 1

Llevkion by B o r n of Revenue. .

Entries in rettlemon t record when open to quosti,ol1 by civil suit.

l[172. The Board of Revenue may, in tlay oase on application or of its own motion, direct the revision of any record-of-rights,or any portion of a record-of-rights, at any time within two years from the date of the final publication under sub-section (2) of section 166, or if there has been a settlement of rent under section 168, within two years from the date of republication under sub-section (3) of section 170, but not; so aa to effect any order passed by a Civil Court under section 173 :

Provided that no such direction shall be made until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter.

Explanation.-'Tho Board of Revenue' in this section shall mean the collective Board if one member of the Board has already heard an appeal under section 1711.

173. (1) Any person aggrieved by an entry in a settlement record prepared under sections 168 to 171 and incorporated in a record-of-rights finally published under sub-section (3) of section 170 or by an omission to settle a rent,. may institute a suit in the Civil Court '[for the relief he claim].

(2) Such suit must be instituted -within six months from the date of the final pub1icat;on of the record- of-rights under sub-section (3) of section 170, or, if an appeal has been presented to u, Revenue authority under section 171, then within six months from the date of the disposal of such appe~l.

(3) Such suit may be instituted 011 any of the following grounds, and on no others, namely:-

(a) that the relation of landholder and ryot does or does not exist; 1

--- -.- I This motion wae substituted for &e original motion 172

by section 93 of the Temil Nadu EstateP LBnd (Amendment) Aot, 1934 (Tamil Nadu Aot MI of 1934).

These words were substituted for the words "which would have jurisdiotion to entertain a suit for the pornmion of the land ,o which the entry relates or in respect of whioh the omission wes

w d e " by motion Q4(i) ibid.

1908 : T.N. Act I] Estates Land 65 1

(b) that the land is not llable to the payment of rent;

(c) that the land, althou yh entered in the record- of-rights as being held rent-free, is liable to the payment of rent;

(d) that any entry made under clauses (d), (e) and (j) of seotion 166 is incorrect;

(e) that. special conditions in respecf of holding a t a favourable re t e have been wrollgly recorded or omitted;

d f ) that the '['Jalleetor] has wrongly fixed the date from which the operstion of the settled rent under the provisions of sect io~~ 177 should take effect.

The .qGovernment] shall not be made a defendant in dny such suit.

8 [ * * * * * I

#[(4) The Court shall notify its decree to the District Collector].

174. A note of all decisions on apponl under Enm of note of sect.ion 171 and of all '[* # 6, #] decreer: of a Civil decisions under Court notified to the "District] Collector under "[sub- seotions 171 and

173 in-reoord- section (4)] of section 173 shall be ma&- in the of-right~. record-of-rights with which the sottlement record has been incorporated under section l7Oand such note shall be considered as part of the record.

--- 1 This word was substituted for the words "Revelme Officer"

by section 3(1) of the Tamil Nedu Estates Land (Amondment) Act, 1934 (Tamil Nadu Aot VIlI of 1934).

1 Tho word "Crown " was substitutcd for the worrls "Secretary of State for Indi: in Counoil " by tho Adaptation Order of 1937 nnd the word Government " was substituted for " Crow'n " by the Adaptation Order of 1960.

a Original sub-section (4) was omitted and original sub-section(6) w w renumbered as sub-section (4) by section 94 (ii) of tho Tml Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Aot VIII of 1934); and for sub-section (4) as so renumbered, this rub-motion was substituted b y section 94 (iii), &id.

4 The wordm'*ordera or" were omitted by seotion 96 of the Tamil Nadu Estates Land (Amendment) Act. 1934 (Tamil Nadu Act MI1 of 1934).

This word mas inserted by ibid. n The expression "sub-section (4) " was ~ubrtituted for the expnr-

ioa "sub-seation (6) " by ibid.

Correction of oleriod

acc1&ntml mistaken.

Prenumption an bo correct- neu, of rents aebbled under wotioru 168 to 170.

Time from which sebtle- msnt of rent in to take effect and limibation of period of enhamoment.

652 Estates Land . [I908 : T.N. Act I

'175. Any fldlan*a* nnscially empowered by the '[State Governmer~t] in this behalf may, on application or of his own motion, correct a clerical or arithme- tical mistake in any record-of-rights or any error arising therein from any accidental slip or omission:

Provided that no such correction shdl be made until reasonable notice has been given to the parties oonoerned to appear and be heard in the- matter.]

a[176. Subject to th,. provisions of sections 171 to 176, all rents settled under sections 169 to 170 and entered in a record-of -rights finally published under sub-section (3) of section 170, shall be deemed to have been correctly settled and to be £-;r and equitable rent within the meaning of this

r 177. When any rent is settled under this

Chapter the- settlement shall ttlke effect from the beginning of the revenue year next after the date of '[the sanction by the confirming authority under sub-section (2) of section 1701 and shall not thereafter be enhanced for a period of twenty years except on the grounds specified in clauses (ii) and (iii) of section 30 or of a subsequent alteration in the area of the holding nor reduced within the said period save on the ground sf alteration in the area of the holding or on the ground rpecified in clauses (a) and (b) of sub-section (1) of section 38 :

'[Provided that the settlement shall t ~ k e effect in respect of aU holdings in a single village or where -.-

1 Thk motion was substituted for the ori ins1 section 176 by section 96 of the Tamil Nadu Estatea ~ a n 8 (Amendmerrt) Act, 1984 (Tamil Nedu h t of 1934).

The word8 "Provinoial Government" were eubstituted for the g+Looal Uovernment" by the Adaptation Order of 1937 and

the word "State" wtw substituted for "Provinoial" by the Map& tion Order of 1960.

a This motion was substituted for the original section 176 by motion 97 of the Tamil N d u Estetes Lsnd (Amendment) Aot, 1934 (Tamil Nedu Aot VIII of 1934).

4 These words, figures and braokets were substituted for tlie ,vords "the final order or deoision fixing the rent" by seotion 98 ( I ) , *bid.

The provisos to seotion 177 were added by aeotion 98 (2), 42

1908 : T.N. Act 11 Estates Land 663

the area in respect of which the settlement is effected is less than a village in rexpjct of all holdings I

in such area in the same revenue year o

Providod further that nothing in this section shall be deemed to apply to an enhancement or reduction of rent ordered l [under section 171, 172, 173 or 175.1

178. (1) \Frhsn an application has besn made under proceedinp section 168, no '[suit, applicrttion or proceeding] shall during

be oommenced or continued in any Civil or Revenue prep-abion Court under secttions 30, 3 8 and 40 until after the final $gic~rdaff publication of the remrd-of-rights under sub-seotion (3) of section 170.

(2) When an order has been made under section 164 directing the preparation of a record-of-rights, no Civil or Rovenue Court shall entertain or prooeed with any euit or application for the alteration of the rent in the aroa to which the record-of-rights applies until after the final publication of such record-of-rights.

179. NO suit shall be brought in any Civil Court in Lbibation of respect of any order directing the preparation of a reoord lurirdictios of-rights under this Chapter, or in respect of the freming, $,:gi!a publication, signing or attestation of + uch a record or metters other of any part of it, or, save as provided in section 173, it;b;z& for the alteration of any entry in such a reoord of a the moord-of. . rent aettled under sections 168 to 172: rights.

#Provided that any person who is dissatisfied with any entry in, or omissioil from, a record-of-righfs framed in pursuance of an order made under sub- -- ----

1 These words and figures were substituted for the words ar.u @mes "under aeotiona 171, 172, 173 or 176" by seation 3 of, and the Seoond Schedule to, the Tamil Nadu Repoaling and Arnen- ding Aot, 1965 (Tamil Nadu Aot .XXXVI of 1966).

2~hese words were aubstitufed for the worda "auit or prooeedhgd9 by motion 99 of the Tamil Nadu Eststes Land (Amendment) Aot, 1934 (Tamil Nedu Aot Vm of 1934).

8 Under aeotion 3-C (2) of the Tamil Nadu Eetaten Land (Reduotion of Rent) Aot, 1947 (Tamil N$u Act XXX of 1947), auits instituted under thia proviso and pending O:I the 19th December 1986 ahsll atend trnnaferred to the Tribunal having jurisdiotion mnatituted under aeotion 3-B of that Aot and bo dealt with by it as if they ate sppesla preferred under that Act. . i

- 664 Estates Land [1908 : T.N. Act 1 . seetion (1) of section 164, which concerns l[his right] may institute a suit for declaration of his right under aenbrel A O ~ I of aepber Vf of the *Speoifio Relief Act, 1877. 1877.

1180. (1) a[* * * * ] '[The expenses Apportionment inoufiad in o&fiying out any of the provisions of this Ofexpenw Chegter] in my estate or part thereof, or such portion 04 thoae expenaeu (M the 4[State Government] may dire&, shell be defrayed by the landholder and ryots jn $ha eatate or part thereof and $he holders of any land held on favourable terms within such eatate if suoh land is included in the record-of-rights in suah proportions cts the 4[State Government], having mgasd to a11 the oircumstances, may determine; and $he proportion of those expenaes so to be defr8yed by my pemon shall be deemed to be lmd revenue and may be recovered as arrears of land revenue under the provisions of the '[Tamil Nadu) Revenue $[Tamil Nadul RecoveryAct, 1864, or the ?Madras City Land Revenue (Amendment):Act, 1867, as the cme may be. hfadras

(2) The cost8 of the preparation of copies of ActVIof

ourvey maps and record-of-rights prepared under 1867.

thia Chapter for distribution to landholdere '

and ryots shall be deemed to be part of the expenses inourred in o a q h g out the provisions of this Chapter.

%These words were substituted for the words "a-right of whioh ha is in possession" by seotion 100 of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VLU of 1934).

The wordr "When the preparation of a reoord-of-rights under Wm Chapter hsr been direoted or undertaken" were omitted by roolion 101 (i), aid.

*Them wordr were mbstituted for the worda "the expenses ineumd by the Qovemment in oarrying out the provisions of this Chapter" by motion 101 (ii), &id.

4 The words "Pmvinoial Government" were substituted for the mr& "Loco1 Government" by the Adaptation Order of 1937 and tho word "Btate" was substituted for "hvinoial" by the Adaptation Order 'of 1950.

6 Thsss words were substituted for the word "Msdrw" by the T d K d u Adaptation of Lawe Order, 1969, as amended by tbs Tomil K d u Adaptation of Laws (Seoond Amendment) Order, 1968, whioh m e into form on the 14th January 1969.

* Pieam nee n o r the SpeoSo Relief Act. 1963 lCentrel Aot 47 of - -- 1963). t Tho Y h m City Land Revenue (Amendment) Act, 1867 (Vadr~s Aeb VI of 1867) now stends mpeaed by the ~ s d r a a ' Qty b d Revenue and Revenue Reoovery (Amendment) Aot, 1967 (Tad1 Nadu Aot 16 of 1967), seotion 6.

1908 : T.N. Act I Estates Land 65 6

CHAPTER XII.

'[181. A landholder shall be at liberty to convert Converrioll his private land into ryoti land and confer occupancy ;:J?Z," '

right in land so converted.] ryoti land.

182. The '[State Government] may make an order power to directing '[the Collector] to make a survey and reoord ;;$ez;$f of all the landholder's private land in a specified local lssdholdsr.e area. private land. "

No order under this section shall be questioned in any Civil or Revenue Court.

4183. (1) In the case of any land alleged to be Power to landholder's private land, on the application of therecord landholder or of any occupant and on his depositing f'';;, the required amount for expenses, 3[the Collector] spplicstion may, subject to rules made in this behalf by the of landhOldmr '[State Government], ascertain and record whether the or occupant.

land is or is not a landholder's private land.

(2) Notwithstanding anything contained in any agreement or compromise, '[* * * * * *]

1 This seation was substituted for the original seotion 181 by seotion 102 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934). ,

3 The words "Provinoial Government" were substituted for the words "Locel Government" by the Adaptation Order of 1937 and the word "St8 te" wm eubstituted for "Provinoiai" by the Adapta- tion Order of 1960.

a These words wore substituted for the word' ' n Revenue offioer" by seotion 3 (2) of the Tamil Nadu Estatrx Lurlr; (Amendment) Act, 1934 (Tamil Nadu Act VIII of 193.1).

4 Under saotion 3-C (1) of the Tamil Nadu Estates Land (Reduo- tion of Rent) Act, 1947 (Tamil Nadu Act XXX of 1947), applics- tiona pending under this section on the 19th December 1966 nhall be deemed to be applications filed under sect-ion 3-D of that Act and be dieposed of sooordingly.

6 The words '.or in any deoree which is proved to his satisfaobion to have been obtained by oolluaion or fraud" were omitted by seation 103of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (TamilNadu Aat V M of 1934).

656 Estates Land [I908 : T.N. Act I

l[the Collector] shall not record any land as a landholder's private land, unless i t is proved to be such by ratisfactory evidence '[* * * * * *I. .

Itmeedwe 1%. When l[the Collector] proceeds under either hootding section 182 or seotion 183, the provisions of sections 166,

pri*r* land' 167, 179 and 180 shall, so far as may be, apply. ,

Premuinptior s[185. When in any suit or proceeding it becomes land in necessary to determine whether any land is the

inrm villager ir landholder's private land, regard shall be had- l u d . (1) to local custom,

(2) in the caae of an estate within the meaning &[of sub-clause (a),- (bj , (c) or (e)] of clause (2) of section 3, to the question whether the 1md was before the first day of July 1898, specifiodly let as private land, and

(3) to any other evidence that may be produced:

Provided that the land shall be presumed not to be privth lmd until the contrary is proved:

Provided further that in the caae of an eatate within the meaning of sub-clause (a) of olause (2) of seotion 3-

(i) any expression in lease, patttl or the like, executed or issued on or after the first day of July 1918, to the effeot or implying that a tenant hm no right of occupancy or that his right of ocoupanoy is limited or restrioted in any manner, shall not be admissible in evidence for the purpose of proving that the land ooncerned was private land at the oommencement of the tenancy ; and

1 These worde were substituted for the words -a Revenue officer*1 by seotion 3 (2) of the Tamil Badu EsteW Land (Amendment) Aot, 1934 (Tamil Nadu Aot V-UI of 19.94).

SThe words and figures "of the nature desoribed in motion 186" were omitted by eeotion 103, &id.

a This seation was substituted for the original section 186 by meetion 8 of the Temil Nadu Estates Lend (Third Amendment) Aet, 1936 ( T d l N d u Aot x m of 1936).

4 Theme words, b?aohts and letters wen, substituted for the words, braoketa and letters "sub-olauses (a), (b), (c) or (e)" by reation 3 of, and the Second Sohedule to, the Tamil Nadu Repeeling and Amending Aot, 1956 (Tamil Nadu Aot XXXM of 19116).

- - -


(ii) any such expression in a lease, patta or the like, exeouted or issued before the first day of July 1918, shdl not by itself be sufficient for the . purpose of proving that the land concerned was private Iand at the commencement of the tenancy.]

l[185-A. (1) In the case of an inam village which ~ ) ~ ~ l ~ ~ ~ ~ i ~ ~ of was not an estate before the commencement of the kudivarem %[Tamil Nadu] Estates Land (Third Amendment) Act, interest of inamdar. r of 1936, but became an estate by virtue of that Act, in respect of any land which does not fall under any of the categories referred to in paragraphs (j) to (iv) of sub-clause (b) of clause (10) of section 3 or under the category referred to in sub-section (4) or sub- section (6) of section 8, the landholder may 8[within three years] of the date of the commencement of the %[Tamil Nadu] Estates Land (Third Amendment) Act, 1936, lodge an application, in such manner as may be

1936' notified by the 4[State Government], for a declaration by a special Tribunal constituted as hereinafter provided that the kudivaram in such land was vested in him on the 1st day of November 1933 and that he has retained it ever since.

(2) (a) A special Tribunal or special Tribunals shall, from time to time, as occasion may arise, be constituted to hear and dispose of applications of the nature specified in sub-section (1).

1 This section was inserted by section 9 of the Tamil Nadu Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Act XVIII of 1936).

These words were substituted for the word "Madr::s" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil N d u Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.

I SThese words were substituted for the words "within two ye=" by aeotion 2 of the Madras Estates Land (Amendment) Aot, 1938 (&dras Aot XI1 of 1938).

J 4 The words "Provinaiel aovement" wore substituted for the

words " L o d Qovemment" by the Adaptation Order of 1937 end the word ''8tBteW WBB mb~tituted for LcPm~incid" by the Adaph- tion Order of 1960.

126- 19-62

-

669 Estates Lasd [1908 : T.N. Act I 5

(b) Every such Tribunal shall consist of three mem'lera chosen by the l[State Government] one of whom shall be a Judicial officer eligible for ap~nintment as a Judge of the High Court; and another ohall be an experienced Revenue officer. The l[State Government] shall appoint one of the members of the Tribunal as the President thereof.

(c) Clauses (i) and (ii) of thesecond proviso to section 186 shall apply to proceedings under this section.

(d) Any order under t h s sub-section passed by a special Tribunal or by s majority of the members thereof shall be final and shall not be liable to be quesijioned In any court of law.

2[(3) In the case of an estate wlthin the meaning of sub-clause (d) of clause (2) of section 3 read wlth Explanation (1) to that sub-clause, the provisions of this section shall have effect as if for the expression '(three years of the date of the commencement of the s[Tamil Nadu] Estates Land (Third Amendment) Nadu:

XVII Act, 1936" in sub-section (l), the expression '' one year of the date of the commencement of the Madras Estates Land (Amendment) Act, 1946 " had been xadrc eubstituted: ~ o t r

of 194

Provided that this sub-section shall not ent,itle a landholder to lodge an application under sub-section (1) read with this sub-section, if he had previously --

1 The words "Glovernor esereieing his individual judgment" were substituted for the word "Governor" by the Adaptation Order of 1937 end the words "exeraising his individual judgment" were omitted by the Adaptation Order of 1947 and the words "State Government" were substituted for the word "Governor" by the Adaptation (Amendment) Order of 1960. .

¶This aub~sootion WM edded by section 3 of the Mad- Estates Land (Amendment) Act. 1946 (Madras Aot I1 of 19461. re-eneoted permasently by .section 2 of,'end the First ~oheduie .o/the T d l Nedu Re-emtbg (NO. 11) Aot, 1948 (Tamil Nedu - 2 Aot V I I I of 1948).

1 These words were substituted for the word "m" by the j Tamil Nedu Adaptatiqn of Laws Order, 1969, aa wended by the 'Tamil Nadu Adaptahon of Laws (Seoond Amendment) Order, 1969, whiah m e Into form on the 14th Jmuery 1969. . ,


lodged an application in respect of the same land and - such application was heard and disposed of on its merits by a special Tribunal.]

'[(4) Any order (including an order for costs) passed by a special Tribunal, whether before or after the commencement of the Madras Estates Land (Second Amendment) Act, 1946, shall, on application by the party concerned, be executed by the Collector within whose jurisdiction the land to which the order relates is situated , as if i t were an order passed by hir in a suit under this Act:

Provided that in computing the period of limitation for any such application in respect of an order passed before the commencement of the Madra3 Estates Land (Second Amendment) Act,

' 1945, the period between the date on which the special Tribunal wrts dissolved and the date of such commencement shall be excluded.]

'[18S-B. (1) Any land in respect of which the hquisitionpl hdivaram is declared under section 186-A to heve : F r g g r g h r vested in the landholder on the first day of Novem- which kudivo. ber 1933 and to have been retained by Pim ever since ram i! dephil aha 11 be ryot i It, nd . to be ln lnem

dar.

(2) In respect of any land referred to in pub- section (1) the landholdel shall, on the application of the tenant and 03 the tender by E im as compensation of an a mount equal to tbe annua 1 rent pay8 ble in respect of the land as may have been agreed to by the landholder together with the cost of preparing any instrument ~equired for the purpose, confer upon the tenant n permanent right of occupancy in respe9t of the said land :

1 This sub-motion was added by seation 2 of the M e a s Estates Lend (Seoond Amendment) Act, 1946 (Madras Ao XIV of 1946), re-eneoted permanently by section 2 of, and the First Sohedule to, the Tamil Nadu Ra-emoting (No. 11) Aot, 194 (ram3 Nadu Act MI of 1948).

This aeotion was inserted. by seotion 9 of the Tamil Nadu Eni%e,q Land (Third Amendment) Aot, 1936 (Tamil Nadu A& X M I of 1938).

660 E8We.8 Land [I908 : T. N. Aot

Provided that in the case of a dispute as to the amount payable as compensation, the tenant or the landholder may apply to the Collector to fix tbe same and the Collector lllay determine an &mount equal to the annual rent payable in respect of the land as the amount payable as compensation.

(3) If a landbolder to whom rtn application and tender have been made by a tenant, failm for a period of one month to confer a permanent right of occupancy, the tenant may depoljit the amount payablfk as compensation together with the costs of preparing any instrument required for the purpose in the Collector's office and apply to the Collector to confer on him' a permanent right of occupancy in respect of that land.

(4) The Collector shall thereupon give notice of the application to the landholder and after hearing him if be appears and making such inquiry a s be i thinks necessary, may execute any instrument required for conferring a permanent right of occupancy upon j

the tenant in respect of the land and such execution shall have the same effect as an execution by the landholder. i

(6) Notwithstanding anytbing contained in section 151 or in any other provisions of tbis Act, where the tenant-

(a) fails within a period of one year from the date of the declaration referred to in sub-aeceion (1) to make an application and tender to the landholder under the first paragraph of sub-section (2), or

(b) in the case of a dispute aa to the amount, payable as compensation, fails to tender the amount fixed as compensation by the Collector under the proviso to sub-section (2) witbin a period of one year from the date of sucb determination,

the tenant shall, on the application of the landhold- to the Collector, beliable to be ejeated:

j 1908 : T. N. Act I] Estates Land 66 1

Provided that in the event of a n appeal to the District Collector regarding the amount of compensation, the period of one year referred to in clause (b) shall be computed from the date of the disposal of the appeal. J

CHAPTER XD.1.

A c ~ u ~ s r m o ~ s BY LANDHOLDER OF U D FOR BUILDING AND OTHER PURPOSES.

l[186. (1) (a) If the District Collector on the *,+isition application of a landholder, is satiefied after giving bylandholdor notice to the ryot or inamdar, as the case may be, ;':$&f;;, and making such inquiry as he thinks fit, that the otht.r prposes. landbolder is desirous of acquiring any land within the limits of his estate in the occupation of a, ryot or a n inamdar, for some reasonable and sufficient purpose having relation to the good of the holding, if any, of which such land forms part, or cf the estate, including the use of the land as building ground or for any religious,educational, communal or charitable purpose or for the opening and working of mines or for the purpose of a tank or of supply, drainage, surplus or irrigation channels, he may grant a certificate to the landholder specifying the land and stating that the purpose for which the landholder desires to acquire it is reasonable and sufficient.

The District Collector's certificate with regard to the reasonableness and sufficiency of the purpose for which any land is required by th: lancl- holder shall be final and shall not be open to question in any Civil Court.

(b ) The =[State Government] may. on application by the landholder and on the production by him of a certificate of the District Collector under -- . .-

1 This seotion was substituted for the original section 186 by seotion 105 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act Vm of 1934).

W e words "Provinaial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adapta- 'tion Order of 1960.

662 E.state.9 Lad - [I908 : T.N. Act I '

clause (a) in respect of any land and subject to hip depositing the probable cost of the acquisition as estimated by the District Collector and fulfilling such other conditions as may, by general or specia.1 order, be laiddown by the '[State Government] in this bobalf, direct the District Collectoir do take order for the acquisition of the interest of the ryot or Contra innmdar in such land under the Land Acquisition Act, $'f8i 1894. Thereupon the provisions of that Act shall, subject to the modification specified in sub-section (2), apply as if such intere,t were land within the meaning of the said Act and the l[State Government] had directed the Di~trict Collector to take order for the acquisition of the same under section 7 of tbe said Act.

If the cost of the acquisition including all charges incidental thereto exceeds the amount deposited, the landholder shall pay such excess and if auch cost is less then the amount deposited, the differer~ce shall be refunded to him. The interest acquired shall be transferred to the landholder on payment by him, in full, of tbe cost of acquisition.

(2) VC7here the land has been acquired for the opening and working of mines and the ryot or inamdar has any right in the minerals, the compensation awarded to bim shall include cornpenation for such rigb t .]

CHAPTER XIV.

Restriotions 187. (1) Nothing in any contract between a OnoOntract. kndholder and a ryot made before or after thc, passing

of this Act-

(a) shall take away or limit the right of the ryot to make improvements in scoordsnce with the provision^ of this Aot;

lThe WI irda "Provinoid Government" were aubstitued for the words "Looel aovernmenf" bg the adaptation Order of 1937 and tho word "State"was substitued for "Provincial by the Adaptation Order of 1960.

1908 : T.N. Act XI Estate8 Land . 6 63

(b) shall take away or limit the right of '[a ryot] to use the land as provided by section 11;

(c) shall take away the right of l[a ryot] to sue or apply for a reduction of rent on the grounds stated in clauses (a) and (b) of sub-section (1) of section 38 or B[sub-section (3) of section 321 or except in the case of any sub,isting lease for a fixed period made before the first day of January 1908 on tba ground stated in clause(c) of sub-aection (1) of section 38;

(d) shall take away tbe right of l[a ryot] to apply for an altekation of rent under the provi~ions of section 42;

(e) s h l l take away the right of a landholder or l[a ryot] to 8[apply for commutation of rent] under section 40;

' ( f ) shall take away the right of l[a ryot]

to surrender his holding in clccordanco with section 149; or

(g) shall entitle a landholder to eject a ryoh tt&erwise than in accordance with the provisions of this Act.

(2) Nothing in any contract between a, landholder and a ryot made after the passing of this Act shall affect tbe provisions of section 61 relating to interest payable on amears of rents so as to increase the amount of interest payable.

l These words were stdstituted for the words "an occupanoy ryot" by seotion 106 ( i ) of the Tamil Nadu Estates Land (Amcnd- ment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

2 These words and figures were substituted for the words and figures "sub-seotion (2) of section 32" by section 106 (ii), ibid.

3 These worb wcrr substituted for the words "sue for oommute. tion of rent" by section 106 (iii), &id.

4 Section 188 was omitted by uection 107, ibdd.

Etates Land [I908 : T. N. Act I

Suits end 189. l[(1) A District Collector or Collector hearing applioatiOna. suits or applications of the nature specified in

Parts A and B of the Schedule and the Board oF Revenue or the District Colleotor exercismg cbppellate or revisional iurlsdiction therefrom shall hear and determine such suita or applications or exercise such jurisdiction as w Revenus Court.

No Civil Court in the exercise of its original juridiction shall take cognizance of any dispute or matter in rwpect of which such sult or application might be brought or made.]

Appeals. (2) %[Decrees and orders passed in the suits and applications referred to in sub-section (l)] shall be subject to appeal as provided in the sixth column of Parts A and B of the Schedule.

(3) The decision of a, Revenue Court or of an appellate or revisional eutbority in any suit or proceeding under this Act on a matter falling within the exclusive jurisdiction of the Revenue Court shall be binding on the pai-tie~ thereto and persons claiming under them, in any suit or proceeding in a Civil Court in which such matter may be in issue between them.

3[(4) The deci~ion of s Civil Court on any mabter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any suit or proceedinp; before a Revenue Court or an appellate or revisional authority in which such matter may be in issue between them.]

1 This sub-section was substituted for thc original sub-section (1) by section 108 (i) of the Tamil Nadu Estatcs Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934). ,

a These words, brackets and figure were substituted for tho words, ! braakets and figure "Decrees end orders passed under sub-seation 2 (1)" by section 108 (ii), {bid. i

a This sub-section was added by section 108 (iii), &id. 1

- -- - -

1908 : T. N. Act I] Estates Lana? 665

l1190.J A second appeal shall lie to he Board of secdrrd appenls. Revenue against the orders passed on appeal by a District Collector in the case of 2[an application under section 15, section 25, sub- ection (8) of ~ection 32 * *) or sub-eection (2) of section 42:.

191. TEt period of limitation for a n appeal under ~ i ~ i ~ ~ t i ~ ~ .for sections 189 and 190 shall run from the date of the appeals urider ordqr or decree appt aled against 4[* * * *I and shall sections 189 and 190. be as follow8; that is to say:-

(a) when the appeal lies to the District Court or District Collector- tbirty days;

( b ) when tho appeal lies to the Board of Revonuo --sixty da yr .

'[192. (1) The '[State Government] may from Application of time to time make rules consistent with this Act C O ~ O O ~ C ~ V ~ ~

tral declaring that any provisions of the Code of Civil ~; ;$~~ v Procedure, 1908. shall not apply to suits, appli- proceedings

908' cations, appeals, or other proceedings under this under Act. Act in any CiviI or Revenue Court or to any specified classes of such suits, applic, tions, sppwls or proceedings '[or to spplicetions or other proceedings before tbe - 1 Sub-section (1) of section 190 was renumbered as section 190,

and sub-section (2) theroof was omitted by section 109 (1) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934). - 2 These words and figures were substituted for the words and figures "an applicetion under section 16 or a suit under section 40" by section 109 (2), aid.

8 The word and figures-section 40" werc omitted by tho Second Schedule to the Madras Repealing and Amending Act, 1938 (Madras Act XI11 of 1938).

4 The words' 'excluding the time occupied in obtaining a copy of such order or decree" were omitted by section 110 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1034).

6 This section was substitutcd for tho original srction 192 by s3aLion 111, kbid.

The words "Provincial Government" were substituted for tho words "Local Government" by the Adaptation Ordcr of 1937 and the word "Stato " was substituted for "Provincinl" by tho Adap- tqtion Order of 19GO.

7 Thcso words, figures and lottor wero insorhcd by section 10 of tho Tornil Nadu Estetes Lnnd (Third Amendment) Act, 193G ( T m i l qm&u Act XVIII of 1936).

66 6 E;'states Lad [I908 : T.N. Act I

Tribunal constituted under section 186-A] or shall apply to them subject to modificetione and additions specified irz the rules.

(2) Subject to any rules so made and subjec4 also to the other provisions of this Act and the following modifications and additions, the provisions

Central Act of the Code of Civil Procedure, 1908, shall apply of 1908. to all such suits, ~pplications, appeals and proceedings

so fi;r as they are not inconeistent therewith :-

(a) (i) The plaint shallapecify, in addition to the particulars mentioned in rule 1 of Order VII of the said Code, the name of the village in which the lcnd to which tho suit relates is situcl,ted, t b a designation, if any, of the land cnd a description of the land sufficient for its identification;

(ii) Whero the suit is for the recovery of rent due on land situated within an area in which a record-of-rights h f i ~ been prepared and publisbd, the plaiilt sk11 further contain w statemalt of the rent of the holding according to the record-of-rights:

Provided that if the Court sees fit a t any time to cequire it , a copy of, or extract from, the record- of-rights relating to tile holding shall be produced by the plaintiff, or sbnll, if neceseary, on the requisition of the Courb, he supplied by the Collector on payment by the plaintiff or the defendant as the Court may direct of such fee as the [State Government] may by rule under this Act prescribe;

(iii) If the suit is for arrears of rent the plaint shall contain a statement of account showing the instalments payable for the period to whioh the suit relates, the amount, if any, received, and the amount claimed to be due.

(b) No set-off whether legal or equitable shall be pleaded by way of def'ence to any suit under this Act.

1 The words "Provinoial Government" were substituted for the words " L o d Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provinoial" by the Adapte tion Order of 1960.

1980 : T.N. Act I] ,?88i%~tes L a d I 667

(;) When any rent roll or collection or measurement papers have been produoed by a landholder in any Court, in a suit, application or proceeding pending therein, copies of or extracts from such documents which have been certified by a duly authorized officer of suoh Court to be true copies or extracts, may be admitted in evidence in proof of the originals in any other suit, application or proceeding instituted in the same or another Court unless the Court in which such copies or extracts are produced sees fit to require the production of the originals.

(d) To the particulars not liable to attachment or sale under section 60 of the said Code shall be added ' manure stocked by an agriculturist.'

(e) Standing timber, growing crops or other products of the earth may be attached and sold jn execution of a decree in the same manner as movable property, and if the property attached is growing crops or other products of the earth, the judgment-debtor and the decree-holder shall have the same rights in respect of the tending, gathering, and storing thereof as the oultivator and the distrainer, respectively, would have had under section 83 if such crops or products had been distrained for an arrear of rent.

(3) In any suit, application or proceeding under this Act to recover rent or to contest distraint or the right of sale of a holding, if a party admits that rent as claimed or part thereof is due but pleads that i t is due not t o the plaintiff or applicant or the defendant or respondent, as the case may be, but to a third person, or pleads that the provisions of this Act have not been complied with, the Court shall, except for special reasons to be reoorded in =;+,ing, refuse to take cogn.izance of the plea unless the party aibresaid pays into Court the amount admitted to be due or such reasonable portion of the amount as the Court rn&y direct.

(4) Where such a payment is made and the plea is that the rent to the extent admitted is not due to the plaintiff or applicant or the defendant or

6 68 Estatu Land [I908 : T.N. Act I

respondent, as the case may be, but to a third person, the Court shall forthwith cause notice of the payment to be served on the third person.

Unless the third person, within three months from the receipt of the notice, institutes a suit before the Civil Courf against the plaintiff or applioant or the defendant or respondent and therein obtains an 1 order restraining payment, the amount in deposit shall be paid out t~o the plaintiff or applicant or the I defendant or i.espondent, as the case may be, on his application.

Nothing in this sub-section shall affect the right I of any person to recover by suit in a Civil Court from the plaintiff or applioant or the defendant or respo~~dont~, as the case may be, anypaymont made to him under it.

(5 ) I n any suit,, application or proceeding under this Act to recover rent or to contest dirstraint or the 11igllt; of ~li&-i of IL holding, if a party admits t hnt ront is due from him to the plaintiff or applicant or the defendmt or respondent, as the CWde may be, but plea tls th~,t the amount claimed is in excess of the amount .he, thc Court shall, except for speoial reasons t,o be recorded in writing, re6use to take co::nizance of the plea unless the pnrty aforebnid pays into Court the amount FO admitted to be duo or suoh reasonable portion of the amount as the Court may direct.

(6) If any suit or application between landholder and ryot as such is adjusted wholly or in part by any lawful agreement or compromise, or if the defendant or respondent satisfies the plaintiff or applioant in respect to the whole or any part of the matter of the suit or application, the Court may pass a decree or order in aocordance with suoh agreemat, oompromise or satisfaction, so far a8 it relates to the suit or application, but may refuse to do so if, for reasons to be recorded, the Court oonsiders suoh agreement, compromise or satiafaotion, to be unfair and inequitable.

?

) 1908 : T.Ni Act I] Estates Land i

1 (7) A decree or order passed in accordance with 1 any lawful agreement, compromise or satisfaction

shall be final so far as it .dates to so much of the subject-matter of the suit or application as is dealt with by such agreement, compromise or satisfaction.

' [193. (1) An application for commutation, Joinder of ryot, enhanbement or reduction of rent may be made in opp~icatiol~ !

against or by any number of ryots collectively : forco-uta- tion, enhancc* rnent or red~rl*

Provided that all such ryots are ryots of the tion of mnt. same landholder end thr.t all the holdings in respect of which the application is made are situated in the same village and that the grounds of commutation, enhancement or reduction, as the case may be, are the same:

Provided also that, if i t appears to the Revenue Court thaC the application cannot be couveniently disposed of jointly, the Court may, at any time before the &st hearing, of its own motion or on the application of any of the parties, or, at any subsequent stage if the parties agree, order separate trials of the applioation or make such other order as may be necessary or expedient.

(2) No order ~lhall be passed in any application under sub-section (1) affecting the interest of any person unless the Court is satisfied that the person has had an opportunity of appearing and being heard.

(3) The order shall specify the extent to which each of the ryots is affected thereby.]

1 This section was substituted for the original section 193 by section 112 of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934)-

1 Sections 194, 196 and 196 were omitted by section 11 3, {bid.

6 70 E 8 t a t ~ Land [I908 : T. N. Act 1

Court to give (197. When a party makes a payment under receipt. sub-section (3) or sub-section (5) of section 192 or

pays into Court in any suit, applimtion or proceeding under this Act any amount as due from him to the landholder or person claiming under the landholder, the court shall give the party aforesaid a receipt and the receipt so given shall operate as an acquittance in the same manner and to the same extent as, if it had been given by the person lawfully entitled to the rent or by the landholder or person claiming under the landholder, as the case may be.]

[198 and 199. * + + + ]

Landholders 200. [(I) An application for commutation, who may be enhancement or reduction of rent or for alteration of parties. rent with reference to area, shall be made only by

or against the landholder in possession of the estate or the part concerned, as the case may be :

Provided that-

(i) where it appears that such landholder is not the owner of the estate or the part concerned, notice of the application shall, at the expense of the applicant, be given by the Revenue Court to the owner who shall be made a party to the appliaation; and

3 (ii) where such landholder is not the owner of tho ostate or the part conaerned and is unwilling to make an applioation for commutation, enhancement or alteration of rent, the owner may make such application ma.king the lsndholder in possession a party thereto ; but any rent which may be fixed by the Revenue Court in such application shall be payable only to the landholder entitled to possession of the estate or the part concerned.]

*This seotion was substituted for the original seotion 197 by seotion 114 of tho Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

4 SeCtion~ 198 and 199 were omitted by seotion 116, aid.

* This aub-seotion was substituted for the original sub-mtion (1) by motion 116 (i), aid.

1908 : T.N. Act I] Eatates Land 671

t (2) Proceedings under l.[Chapter VIII] shall be I taken sg9,inst the landholder in possession, but if such i landholder is not also the owner, the letter shall be 1 made n pnrty to the proceedings.

(3) Either the owner or the landholder, where the landholder entitled to the present possession of the eqtate is not the owner thereof, may as landholder make an application under '[section 164, 168 or 1861 but notice of the application shall be given to the other.

' [201. A decree or order for payment of money Transfer of passed by a Revenue Court shall not be transferred zgdYr to any Court other than a Civil Court for exeoution.] Revenue Court,

for payment of

' [202. * * * * I money.

203. (1) Where for any local area a record-of- Regard to be rights b s been prepared and finally published under ~," ' , "n tb ,~e8~~r t s sub-section (2) of section 166 or sub-section (3) of record-of- section 170, in all suits between landholder and ryot rights- as such, the plaintiff shall annex to the plaint or, if for any cause which the Court deems sufficient Be fails to do so, shall produce wit'hin a reasonable time to be fixed by the Court, a certified copy of any entry in the reoord-of-rights relating to the land in respect of which the suit is brought.

(2) In deoiding such suits tlie Court shall have regard to the entries produced under sub- section (I), unless such entries have been proved to be incorrect, and when the Court passes a decree a t variance with suoh entries it rllall record its reasons for so doing.

1 This expression was susbstituted for the expressi~n'~Chapter VII" by seotion 116 (ii) of the Tamil N&du Estates Land (Amendment)

1934 (Temil Nadu Aot VIII of 1934). 8 These words and figurea were substituted for the words and fig.

wee "sections 164,168 or 186" by section 3 of, and the Second Sohe. dule to, the Tamil Nadu Repealing and Amending Act,, 1955 ( T d Nadu Aot XXXVI of 1966).

8 This section was substitutad for the original section 201 by aeo. tior, 117 of the TamiINadu Estates Land (Amendment) Aet, 1934 ( Tamil Nadu Act VIII of 1934).

r eeotion 302 was omitted by section 118, i&d.

672 &tat& Land [I908 : T.N. Act I

(3) No fee shall be charged for the grant of certified copies of entries in a record-of-rights required for the purpose specified in sub-section (1).

(4) In the case of such suits, the following clause shall be deemed to be added to '[rule 11 of Order VII] of the Code of Civil Procedure, Tl90812; as clause ( e ) , namely:- of

(e) In any suit to which section 203 of the "Tamil N ~ d u ] Estates Land Act, 1908 applies, if ,lT the certified copy therein mentioned is not annexed Na to tho p1;~int and tho plaintif?, on baing requirod f: by the Court to prodacc it, fails to do so within tho time allowed by the Court.

Power of 204. (1) The District Collector may, by written District Collector and

order, distribute, in such manner as appears fit, any Board of businerjs cognizable under this Act by any '[Collector] Revenue to in the district and by like order he may withdraw any dietributG ~ a s e pending before such [Collector] and either dis- business and to

and pose of i t himself, Or by written order refer it for dis- transfer cases. posal to any other '[Collector] in the district.

(2) The Board of Revenue shall have the like powers of distribution, withdrawal and reference in respect of all District Collector,u and, notwithstanding any order of the District Collector passed under sub- section (I) , in respect of 6[Colleotors] ~ubordinate to him.

- These words and figures were substituted for the word and fig-

ures "seotion 64" by seotion 119 of the Tamil Nadu Eehtee Land (Amendment) Aot, 1934 (Tamil Nedu Act VIII of 1934).

a These figures were inserted by ibid. These words were substituted for the word ''Madrss" by the

Tamil Nadu Adaptation of Laws Order, 1969, mi amended bv the Tamil Nsdu Adaptation of Lewa (Second Ammdment) Order, '1969, which oame into force on the 14th January 1969.

4 This word was substituted for the words "CoUeotor or other Revenue offioer" by seotion 3 (2) of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VIII of 1934).

6 The word '*Colleotor" was substituted for the words "Colleotor or Revenue-offloer" by W.

6 This word wae substituted for the word " R ~ v B ~ u B - o ~ ~ " by w.

1908.: T.N. Act I] Eetates Land 673

205. The Board of Revenue or the District to obll Colleotor may oall for the record of any proceeding for and wvise before a *[Colleotor] from whose deoision no appeal proceedings of . lies,- if suoh officer appears to have exeroised e Collectors.

jurisdiotion not vested in him by law, or to have failed to exeroise a jurisdiction so vested, or while acting in the exercise of his jurisdiotion to have contravened some express provision of law affecting the deoision on the merits, where such contravention has produoed a serious miscarriage of justice; and the Board of Revenue or the District Collector, as the oase may be, may, after hearing tho paxties if tbey attend, pass such order as seems fit.

206. The '[State Government ] may invest any Power to inver* '[person] with all or any of the powers of a Collector, 7'J':;z: for any lood area, in respect of all or any classes of Colleator. original suits or proceedings instituted under this Aot, and may withdraw such powers, and the deoi- aions passed by such a[person] shall be subject to / appeal as if they were the decisions of the Collector who would have taken oognizance of the suits or

' prooesdings if '[such person had not been so invested].

207. The '[State Government] may appoint an A ointment of offioer in addition to the District Collector to exercise atfiitiond all or any of the powers of a District Collector under Distrioi

CoUeotorr. this Aot.

-

1 The word ~lColleotor" was rubstituted for the word6'Revenuo- offloer" by seotion 3 (1) of the T m i l Nadu Estates Land (Amend. ment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

The word8 "Provinoial Government" were substituted for the words "Load Government" by the Adaptation Order of 1937 and the word6'State" was substituted for "Provinaial" by the Adaptation Order of 1960.

8 This word was substituted for the words "Revenue or Judioid offlaer" by seation 120 (i) of the Tamil Nadu Estates Land (Amend- ment) Aot, 1934 (Tamil Nadu Aot WI of 1934).

4 These words were substituted for the worcls "the Revenue or Judioial offlaer had not been so invested" by section 120 (ii), ibid.

6 This motion wer omitfed by the Madras Adaptation of Lawn order, 1964

126-1 9-43

plsae of institu. 209. l[(l) All duits, applications or proceedings tion of suits or cognizable by a Collector under this Aot shall be proowd*. brought, made or taken in the revenue division in

which the holding or any portion of the holding in connexion with which the suit is brought, the application is made or the proceedings ere taken, is situated.]

(2) Subject to the orders of a Distriot Collector, a Collector 2[ ] may sit for the disposal of suits, a[applicationsj and proceedings under this Aot in any place within the distriot.

CHAPTER XVI.

LIMITATION.

Limitstion for '[210.] Subjeot to the provisions of the next mib,eto- following seotion, every suit instituted, appeal

presented and application made after the period of limitation specified therefor in the Schedule hereto . annexed or in section 191, shell be dismissed, although limitation has not been set up as a defenoe.

Applioabion of '[211. Subject to the provisions of this Chapter, the provisions of the Indian Limitation Aot, 1908*, A O ~ D Limitation Act,

1908. except sections 6, 7, 8, 9, 19 and 20 shell apply to of 1901 all suits, appeals and epplioations mentioned in seotion -3

210.1 1 1 This sub-seotion wes substituted for the original sub-seotion (1)

by motion 121 (i) of the Temil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Aot VIII of 1934).

. I

a The words "or other Revenue-oBoer" were omitted by motion :i 121 (ii), ibdd.

a Thie word was inserted by ibdd.

4 Hub-motion (1) of eeotion 210 was renumbered es seotion 210 and sub-seotion (2) thereof wee omitted by seotion 122, ib id .

'This aeotion was aubstituted for the original seotion 211 by eeotion 123, aid.

* PI-e see now the Limitation Aot, 1963 (Central dot of) 1963.

1 1908 : T.N? Act I] E8fdes &and 676 i i CHAPTER XVII.

212. (1) If any person- Penaltie8 for illegal

(a) under oolour of this Aot dishonestly $iz!s;b, diatrains, sells or oauses, to be sold, any property, or

L (b) resists a distraint duly made under this Aot, or foroibly or olandestinely romoves any produce duly distrained under this Act or makes a hudulent oonveyance of property to prevent distress for arrears ; or

(o) exoept with the authority or consent of the ryot unlawfully prevents or attempts to prevent

i the reaping, gathering, storing, removing or otherwise dealing with a v produoe of a holding; or

.a

(d) hiving been ejected'under '[seotion 163- A] from ryoti land in any estate oooupies the same or any portion of the same land without the landholder's oonsent ; '[or]

8[(e) wilfully and without lawful excuse obstruats any entry or measurement under seotion 17-A]

he shall be liable on oonviotion before a Magistrate not below the rank of a * magistrate of the seoond class to fine which may extend to five hundred rupees.

1 Thie expfeeeion wee subetituted for the expression "motion 163" by eeotion 124 (i) of the Tamil Nadu Estates Lend (Amend- ment) Aot, 1934 (Tamil Nadu Aot VIII of 1934).

Thia word wes inaerted by ibid. Clause (6) wee inaerted by eeotion 124 (ii), ibid.

*Aooording to olause (b) of sub-seotion (3) of section 3 of the Code of Criminal Pmoedure, 1973 (Cantral Aot 2 of 1974), which oame into foroe on the le t day of April 1974, any reference t o a Magistrate of the eeoond clam or of the third ole- shall, unless t ho context otherwise requiree, be oomtrued as a referenae to a Judioial Magist. rate of the second olaee.

125-1 9 4 3 ~

E8ta;tes L a d ti908 : T.N. Act 1 . (2) Any person who abets the doing of any

act mentioned in sub-section (1) shdl be deeyed to have abettcd an offence within the meaning of the . Indian Penal Code. Central Aob

XLV of 1860.

(3) Persons entering the apartments of women or forcing opcn the outer doors of dwelling-houses contrary to the provisions of this Act shall be deemed to ham committed house trespass within the meaning of the Indian Penal Code. Central Act

XLV of 1860.

General Right of Suit.

h e r a l 213. (1) Any person deeming himself aggrieved (a) rich* by any proceedings taken under colour of this Act, of suit or (b) by neglect or breach of any of its provisions, for dame-

. ges. shall be at liberty to seek redress by filing a suit for damages before the Collector.

(2) This section shall not be deemed:;,\ bar any right of action in a Civil Court in any. t , ~ not taken out of its jurisdiction by this Act.

(3) Provided always tht any person who flea a suit for damages under sub-section (1) shall not be entitled to file a suit in respect of the same cause of action before a Civil Court.

Power of 214.' (1) Any act, appwmoe, or application before ,[the Board of Revenue, or any District Collector, holder

to Collector or offiser ] which is required or authorized thoogh by thia Act to be m d e or done by a, landholder, may agenh. be made or done also by *an agent empowered in this

behalf by a written authority under the hand of such landholder.

(2) Every notice required by this Act fo be served on or given to a landholder s h d , if served on or given to an agent empowered as aforesaid to accept service

1 ~ h e s e words were substituted for the words "any Colleotor or offioer" by seotion 3 (2)of the Tamil Nadu Eetatai Land (Amendment) A O ~ , 1934 (Tamil Nadu Aot VIII of 1034).


of or receive the same on behalf of the landholder, be a,s effectual for the purposes of this Act as if it had been served on or given to the landholder in person.

(3) Every document required by this Act to be signed or certified by a landholder, I[* * * *] may be signed or certified by an agent of the landholder authorized in writing in that behalf.

Rules under Act.

215. *[The '(State Government) may, after pre- power of state vious publication, make rules for the purpose of carrying Government t o out the provisions of this Act. make rules.

In partioular and without prejudice to the gene- rality of the foregoing provision, the S(Stete Govern- ment) may make rulels-]

(1) to regulate the procedure to be followed by ' '[Distriot Collectom and Collectors] in the discharge

of any duty imposed upon them by or under this Aot, and may by such rules confer upon any such offioer-

(a) any power exercised by a Civil Court in ths trial of guits;

1The words "except an instrument appointing or authorizing an agent" were omitted by section 9 of the Madras Estates Land (Amen- dment) Aot, 1909 (Madm Aot IV of 1909), which waa deemed to have come into force ai th effect from the first day of July 1908.

Them words were substituted for the words "Tho Local Govern. memi way, after provious publication, make ruka oonsistent with this Act" by section 125 (i) of ?he Tamil Nadu Estates ;end (Amendment) Act, 1934 (Temil Nadu Act MI1 of 1934).

* The words "Provinoial Govenunent" were substituted for the words "Local Government" by the Adaptation Order cf 1937 end the word "State" was substituted for '6Provincia1" by the Adapts. tion Order of 1960.

4 Thew words were substituted for the worda "Collectors and Revenue OScers" by seotion 3 (2) of the Tamil Nadu Estates Land (Amendment) Aot, 1934 (Tamil Nadu Act VIII of 1934).

678 E8tatas Land [I908 : T.N. Act I

(b) power to enter upon any land, and to survey, demarcate and make map of the same, and any power exercisable by any offiwr under the

[~emil Nedn] '[Tamil Nadu] Survey and -~oundariee Act, a[1923]; 406 VITI of Ti i l

(c) power to cut ~ n d thresh the crops on any land and weigh or measure the produce, with a view to estimating the capabilities of the soil; '[and]

'[(d) power to consolidate applications under section 39-A for purpows of joint enquiry :]

6[(1-A) for determining the ryot or ryots who may join in an application under section 39-8, and the conditions under which they may join in such an application :]

(2) prescribing forms and the mode of' service of notices under this Act where no form or mode is prescribed by this or any other Act:

(3) as to the procedure to be followed in applications under thia Act :

(4) as to the fees, costs and charges to be paid for the purposes of t h i ~ Acb :

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as emended by the Tlunil Nedu Adaptation of Laws (Second Amendment) Order,l969, which came into force on the 14th January 1969.

a These figures were substituted for the figures "1897" by section 125 (ii) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nedu Aot VIII of 1934).

8 The word "end " was omitted by seotion 3 (i) (a) of the Ma&RB Estates Land (Amendment) Act, 1936 (Madras Act VI of 1936).

'This word was inserted by &id.

Wub-olause (d) was inserted by eeotion 3 (i) (b), ibid.

@Clo,k (I-A) was inserted by seotion 3 (ii), ibid.

1908: T.N. Act I] Estates Land 679

1 (5) for the use of threshing floors, cattle-stands,

[ village sites and other lands set apart for communal : purposes f[and of the beds and bunds of tanks,

supply, drainage, surplus or irrigation channels]:

(6) for determining what are to be deemed staple foodcrops in any local area and for the guidance of officers preparing price-lists:

(7) for the sale of &rained crops or products which are in their nature speedily perishable:

(8) for the survey of lands and the preparation of a reoord-of-rights and of a settlement record of rent:

(9) prescribing the superior revenue authority to whom appeals shall lie from orders of a 2[Collector~ on objections to a pteliminary reoord of settlement of rent: 8[and]

(10) prescribing the form in which reginters shall be maintained '[of suits and applications disposed of under this Act.]

1 These words were added by eeotion 126 (iii) of the Tamil Nadu Estates Land (Amendment) Act, 1934 (Tamil Nadu Act VIII of 1934).

Thie word wae eubetituted for the word " Revenue-offioer " by motion 3 (1 ), ibid.

8 Thie word was added by section 126 (iv), i b i d .

4 These words were eubstituted for the words " by a Collector of auits and applioatione heard and dtmided by him ; and " by seotioa 125 (v),ibid.

Clause (11) was omitted by eeotion 126 (vi), ibid.

Estates L a d [I908 : T.N. Act I' 1 1 [SCHEDULE. I

[See seotions 189 and 210.1 1 i

Time from . Authority, &rPaJ SIorion ' [Deacripth Period of whakh period if any, to whkh

w d w . oj Ad. of euit] Zimitath. begirra to run. an appeal liw.

(1) (a) (3) (4) (6) (69 1 66 To obtain a Threernonbhs. Tho date of b i e i c t Goarb.

patta. the expiration of three months after dealand.

P 16 To enforce Threemonth. The date of Dietriot Cour6. aooeptanoe the expira- 02 pstta. tion of one

month from failure to aaoept.

3 77 By landholder Three yearr. Thedatewhen Dietriot Courb. to reoover the arreer artesrs of beoomes rent. due or,

where there i i baa been a suit or other i prooeeding 1 for the purpose of ascartaining the rent, the date of the deoree or order by whioh-the rent is finally ssoertained, whiohever datemaybe - later.

A 88 For damages Six months. Thedatewhen Distriot &I&. when dis- the property trained pro- waa stolen, WY lost, dams. stolen, lost, ged or dee- damaged or troy&. destroyed.

1 This Sohedule wm substituted for the originel Sohedule by eeabion 126 of the Tamil Nadu Eatsten Land (Amendment) Aot, 1034 (Tamil N d u Aat MI of 1934).

This heading wes substituted for the heeding " Desoription of suits " by motion (3) (1) of, end the Seoond Sohedule to, the Tamil Nbdu Repealing end h a d i n g Aot, 1961 (Tamil Nedu Aot XIV of 1961). J

Vi

1908 : T.N. Act I]

Time from Authody! Serid B d o n l[Deaw&ttion Period of which period if anv, to whwh

number. of Ad. of d . 1 l im~ation. bsgina to run. an apped lies.

6 96(l) To oonteat die- Fifteen day. The date of Dietriot Cow. and traint. service of (2). notiqe.

re runng ei%er the payment of the amount demanded or the institution of

Ph 8 t0

9 oontsat the distraint.

6 114 To oonteat the Thirty dap. The data of Dfstrio) ConrC. right of eale servioe of of a holding. notioeon the

defaulter requiring him to pay the amount due or ineti- tute a mi6 oontesting the right of d e .

7 127 For payment of Thirty days. The date of District Court. (2) (o) the subse- sale of the

quent rent. holding.

8 136 To reoover Ue- Six months. The date of District Court. gal payments the pay- and penalties ment. in reapeot of auoh payments aa have been exaoted.

9 140 To reoover the Three years. The date of District Court. oost ofexeou- oompletion tion of works of the works. of repair to

' an irrigation work from a daeebmdem inamdar.

1 This heading wes substituted for the hoading "Description of suits " by the Tunil Nadu Repealing and Amending Aot, 1961 (Tamil Nadu Act XIV of 1861).

Estates Landb ~1908 : T.N. A d I

Tims fnm, 8& Bedion l[Deewiption Period of which period ifamy, to whcd number. of Ad. of mit.] limitation. begina to run. an apped Zks.

(1) (2) (3) (4) (6) (6)

10 140 To be indemni- Bix months. The oommen- Distriot Court. fled againat oement of loss of rent the revenue when a hold- -m-- ing is relin- dlng that quished. in whioh the

relinquish; ment 1s ma j.

11 161 To ejeot aryot. Two years . . The d?ce on Distriot Court. (1) *'M -3cCh the ' ght to

ejeot aoorued.

12 161 For aompenaa- Two years . . When the Distriot Court. (2) tion or for damage

an injuno- was done or tion or for the w ~ t e the repair of began. the damage or waste.

18 213 For damages Threemonths. The date of Distriot Court. (1) not otherwise the aaorual

provided for. of the ceuee of eation.

PART B.-&PLIOATIONN TO Bn DIBPO~ED OF BY A DIBTRIOT COLLEOTOB OB COLLIEOTOB.

Time from Authority, &rid S e o t h D e a d p t h of Period of which period if any, to whdd

number. of Ad. application. Zimitd&on. begins to run. an a p p d lies. (1) (2) (3) (4) (6) (6) 5 1 12 For fixing the None . . None . . Distriot Colleo-

(2) oompenaa- tor. tion payable in respeat of trees belo%- ing to a landholder whioh are , aoquired by the ryot.

1 This heading was substituted for the beadin "Deaaription of suite" by the Tamil Nsd. Repealing and Amending &t,l061 (Sarnil Nadu dot XIV of 1961).

1908 : T.N. Act I ] . Eatate8 Land

Serial Seotwn number. of Act.

T h e from Authority, Dsswiptdon of Period of which period any, to which applieatdon. limitation. begins to run. an appeal lies.

Ae to the right None . . None . . Distrid Colleo- to make an tor. improvement or as to whether a partioular work is or will be an improvement.

To register None [aubjeot None [aubjeot Against refuael improvements. to sub- to sub- to meter--

seotion (3) seotion (3) Diatriot of seotion of seotion Colleator. 161. 161.

For' reoording None . . None . . Against refusal evidenoe rela- to record ting to an evidenm- improvement. District

Colleotor.

For declaring that apy oommmal lend is not required for ita originel purpose and direoting that it be used for any other oommunal purposes or be converted into Government r y o t m i or landholder's ryoti land.

None . . None .. Againatadeoia- ration that the land is not required for its onginel purpose or an order directing that the land be used for any other oommunal PurPos- Board of Revenue. Ageinat an

order direo. ting the oon- version of the land into Government ryotwari or landholder'r ryoti land- Distriot court.

Estates Land . [I908 : T.N. Act 1 Q I

PART B.-APPLIOATIONB TO BE DISPOSED OF BY A DISTRICT COIGLEOTOB OB CO~EOTOB-amt.

Time from Authority, SeriaJ Section Deawiptwn of Period of whkh period V any, to which

*umber. of Act. application. ZimiWion, bsgina to run. an appeal Idea.

6 26 For settlement None . . None . . Distriot Colleo- of a fair and tor. equitable rent.

7 30 For enhanoe- None (subjeot None (subjeot Distriot Court. 1 ment of rent to aeotiona to seotions payable by a 37, 41 and 37, 41 and a

ryot. 177). 177).

Applioation by One year . . The date of landholder to oompletion register of the improvement. improve-

ment.

Applioation by One yew . . Lendholder to enforoe oon- trmt for my- ment of agdi- t i o d rent on sooount of impro~~menb registered .under seotion 32 (2).

For revision of None . . enhanoement of rent.

For reduotion None (eubjeot of rent. to seotione

39, 41 and 177).

Date of registration.

None . .

None (subjeot to seations 39. 41 and 177).

For oommuta- None . . None . . tion of rent.

Againat registration or refueal to regietar- Distriot Colleotor.

Distriot Colleo- tor.

Diatriot Collec- tor.

Diatriot Court.

Against the fixing of the valuation at time of oom- mutetion in so far sa it determines 6he rum to be p i d IN

money rent -District Court.

1908 : T.N. Aet I'J &dates Land

PART B . - - ~ ~ P W O A T I O ~ ~ TO BE DI8P08ED OF BY A D I S T F ~ COLLEOTOR oa Co~muroa.--cow.

Time from Serial Section Description of PeriocE of which period df ang, to w CA

number. of Act. appIic* limitation. be* to run. an appeal lie..

For alteration None . . None . . District Collect. of rent with tor. are&.

For permission One year . . The oommen- Distriot Colleo. to fiIe pat& oement of tor. in the o5oe the revenue of Colleotor year to or other whioh the otEioer. patta

relates.

For oompensa- Threemonths. The date of Distriot Collm. tion for payment. tor. withhoIding reoeipt.

For perhission None . . None . . None. to depoait rent in the offioe of Colleotor.

For repayment None . . None . . None. of deposited rent.

For deputetion None qf offioer to make the appraisement or division.

. . None . . None.

Bythirdpereon Any time None . . None. hying a before the righ* or inte- date of d e . rest in distrained property.

For delivery of Six months. The date on Nono, property fhu- whioh the dulently arrear oonveyed to beoame due. prevent die- treee or for p 8 m I l t of the value of 8uohproperty.

Bstaies Land [I908 : T. N. Act I

B.-APPLIOATICNS TO BE DISPOSED OW BY A DISTBIOT aoLLEUJ!OB 03 C O ~ O T O ~ O M .

Time from Authordid, Serial Se6tion Dcecription of Pe&od of which period if any, to which

number. of Aot. application. limitation, beg& to run. an ap@lZiae.

21 90 For restoration Thirty dap. The date cm None. of diatreined which the

&trained pro erty for- oibg or h- property w(id deatinely foroibly or taken ewey clandestinely or for pay- removed, ment of the velue of moh , P~OP*Y.

82 109 To obtain e Threemonthe. The dete of Dietriot Uourt. oertaoate the oertlff.

j h

from the ash of the Colleotor for uele offloer. the reoovery from the defeulting purohaser of the defioiency in price end coete resul- ting from seoond d e .

23 106 For determi- Threemonths. The date of None. (6) nation of the sele

expenses. oilloer's deoision.

94 114 For sele of hol- Forty-five The posting NO-. ding if no dep. by the suit oontes- ~ofiector of tine; the right int i i t ion of sele has of servioe been inati- under tuted. eeotian 113.

21 114 For sale of Thirty days. The dete of Noam, holding if e dispoeal or suit oontes- withdrrrwd ing the right of the euib of sale hes been instituted.

1908 : T.N. A03 I]

PART B-~"~"IOATIONS TO BE DISPOSED OF BY A D I S W ~ COLLECTOR OR COLLEOT~M~~.

SeriaZ Bccoion nwnbar. of Ad.

(1) (2)

26 113

Deawiptkm of Period of apphztion. firnilation.

To obtain a 'h-eemonths. oertitlcete from the Colleotor for the reooverg from the defaulting purohaser of the defioienoy in prioe and wsts resul- ting from seoond sale.

For depositing Forty-five sum to set dap . . aside sele of holding.

Timefrom AutlwFiby, which period if any, to which

begin8 to run. an appeal lka

The date of District Co rt. the oertifioate of the sele ofioer.

The dete of None. aale.

28 131 To set aside Before the None .. None. sale of hold- grent of a ing. oertifioate

of sale.

19 123 For grent of Before the None time to pey issue of an efieese due. order for

d e under seotion 116.

30 137 For the deter- None . . None minetion of the ayaout under an ini- getion work.

. . None.

.. Board of Revenue in the, F e . of major m g a - tion works end District Colleotor in the owe of minor irriga. tion works.

31 137-A For aenotion to None . . None .. Board of extend the Revenue in apou t of an the oaee of irrigation major irriga- work. tion works

and Dietriot Colleoton in the e e . of mlnor ~mge- tion works.

Estates Land [I908 : T.N. Act I

Time from Aui?hon'&, Sesial Seotion Deecripbiota of Period of which period jf any, to which number. of Ad. application. limitation. begins to run. an apped lieu.

3 1 137-0 For reolaasifl- None . . None . . Board of mtion of Revenue in irrigated or the y e . of @en lend major ~rrlge- es unirri- tion works gated lend. and Distriot

Colleotor in . the oase of .

minor UTI- gation works.

33 108 For obtaining None . . None . . Against anp en order for order under the repair of motion I39 (I) an irriga- or tion work.

(a- Board of Reirenue in the osse of . major irrigation works end Distriot Colleotor in the oase of minor irrigation works.

34 141 FOP temporary None .. Now . . B o d of reduotion of Revenue in rent. the w e of

major irrige- tion works and Dietriot Colleotor in the oase of minor irri tion w o r g

For any relief &me M for &me as f o ~ h e es for the under t h i ~ tho 1 ppm- the appro- appropriate sub-seotion priete P ~ ? eection. read with motion. meotion. eny of the prewdini3 seotions apeoified in items ao to 34.

Estates Land

PART B.-APPWOATIONB TO B= DIL~POE~GD OF BY A DIGIIRIOT C o ~ ~ a c ~ o a os Co~WaaToR--cont.

Sorial Soction Darcriptio~aof Periodof Timefrom Aulhor4ly. ,I 11 mber. of Act. apl;licdioib. timitation. whi( h period iJ any, to which

begins to run. an appeal liw. (1) (2) (3) (4) (5, (6 )

36 . . . . Any applioa- Sir monthr. The date on Board of tion under whioh the Revenue in ChapterVIII - right to the the oaae of not other- relief clai- orders patmod wise providod med mom. by the Dint- for. riot Colleotor

and Dietriot Collector in the m e of ordem ~d by the Rev8. nue Did. riond Oblw.

37 145 For apportion- Thrsemonthk The data. of Distriot Colleo- (9 ment of rent oornmuni- tor.

where the oation of distribution ; the dirtri- msde by the bution to landholder in the ryot. not eseenfed to by any ryot.

38 145 For apportion- None .. bToaa . . Dirtrizt Collend (9) ment of rent tor.

where the landholder hes delayed distribution for over six monthe.

39 140 For revision of Six months. The data of Distriot Collee- (1) the appor- communi- tor.

tionment of cation of rent made by landholder 'a a lendholder. deoieion to

the ryot.

40 168 For isaue of ThroemonQhr. The date of Dirtriot. Colleo- w-nt to the expira- tor. tnter upon tion of the

' and take revenue yorueasion of rhe prqmim. %ih E

arrear W a c due.

680 Jatatee Land % [I908 : T.N. Act I

PART B.-APPLICATIONS TO BE DISPOSED 01 BY A DISTWOT aourcoTos OB COLLEWOB-oont.

4

serial Sectwla Description qf Period of Time from Au#ho&y, t trmber. of A@. applioation. Eirnitation. whioh period if any, to which

begins to run. an apped lieu. r

1 ) (3) (3) (4) (6) (6)

41 160 To set aside Fifteen days The date of District Collco- warrant of orthcperiod servioe of tor. eviotion. extended the warrant.

by the Colleotor under motion 169.

43 163, 2nd para-

graph.

For dotermi- nation of a fair and equitable rent.

For determining sum payable as dernages by a person unauthorizedly oooupylng land.

1

None . . None . . Distriot Colleo- tor.

I 1

One yenr. The end of Diatriot Colleo- ' therevenue tor. year in which the ocoupation was made.

-*

y44 186- For deter- None . . None . . Dirtriot Colleo. B(2) mining tho tor.1 pro- amount of vlso. oornpenaation.

1 This item w a ~ edded by motion 11 of the Tamil Nadu ~ s t a A Land (Third Amendmant) Act;, 1936 (Tamil Nedu Aot X M I of 1836). -

1934 : T.N. Act VIlI] Estates t.ud(A,menhent) 417 , 1 ,

'[TAMIL NADU] ACT No. VIII OF 1934.' I

rReceivcd [lie usse~zt of //lc Goverizor oiz [he 2nd Mu] 1934, aitcl that o f tht. Governor-Generrrl oiz tltc 27th June 1931; the nsrrirt of /he Govcriror-General ~vrlsflrst publislzed ill tho Fa), t St .George Gazct tc of the 30111 June 1934.1

1

An Act further to amend the '[Tamil Nadu] Estates Land Act, 1908, for certain purposes.

WHEREAS i~ is expedient filrther to a~ncnd th:: '[Tamil Nadu] Estntcs Land Aci, 190'3, for thc purposes hcre- innfier appzn:.ing ;

AND WHEREAS thc prcviott~ scl~lclion 01 thc GOVCS~OS- Gcnci-nl h , ~ \ been ob~aincd to tllc passing of this Act; 11 is hcrcby anacted a.; folloil!\ :-

I . This i\ut may hi: crllcd tho 'LTamil NaduJ sttort title, E\ialc\ L;tnd (Amcndlnc~~t) . let , 19-74.

127. ( 1 ) Sk~l~jccL Lo Lllo [?ro\,iiiolls of sub-scc!ion (21, Saving of 1ri.iliing in i l ~ i , ; Aci (11, in ;i:lbr ~.cp;:tl 0;- smcndrnont ;i:!;id$ clli.;(cti ~l~at.cby hal l afkct ally l.ight, litle, under i ~ ~ t ~ r ~ ~ t , obli%\lion or li:ibiliiy nlrqs v.ly acquiicJ, act- decrees or ordcrs of 1.11ctl 0 1 - i~ic\l:~l~cd bcfh1.c L11c comrncnccmcnt of this Act Court. ullJi:r ;L (\Ct:I-cL~ or or(i~'r ,'f ;I co~~il?:tcnt court. . . - -- - -.

I .~ 'he<~ words wcrc suh\liiutcd for 1 l ~ c word ''Madla\'' by ~ h c .rsr#nil ~ : , ( l u ,\d:\platiorl o f I , .L\ \s Order, 1069. ;ts amended by tllc 'T,r~nil Niitiu .\~l;ijrt~ition of 12;tw> (S~conc! ,\m:!idrncnt) Order, 1969.

2 For S[,i\e,,wi~t of Ol>jcc:s and Reasorls, .Tee Forr Sr. Gcoryc C;uzc//e, d;k[ctl I I T C ?St11 July 1031.---Part IV, iuge 179.

a Sectiolls 2 to 116 were rcpe'tlcd by the First Schedule Lo tilo Madras Rcpcaling and A~ncnding Act, 1938 (Madras Act XI11 of 1938).

*,.

ent) [l934 : T.N. Act Vm

(2) No tenant in possession on the 1st day of . ioamdan November 1933, of any land in an inam village, not

mt to b. being an estate within the meaning of sub-clause (d) *eeffgg of clause (2) of section 3 of the said Act as amended by mmOIIDCnt this Act, or admitted by the inamdar to possession of of '[Tamil any such land subsequent to the said date, shall be *,, - liable to be ejected until '[the date of the commence-

ment of the 2(Tamil Nadu) Estates Land (Third IIT,,~~ and alJ PoFeedings

Amendment) Act, 19361 and all proceedings in eject- Nadu]

In e ~ w t m n t ment of any such tenant and all proceedings involving or in which a decision whether or not the ina ndar has the kudi- OF 1936. the iaam- dar's right varam right in such land, shall be stayed until '[the to the date of the commencement of ihe '[Tamil Nadu] kuhvaram Estates Land (Third Amendment) Act, 19361: is in issue to be stayed until that Provided that nothing contained in this sub- > date. section shall apply to any land the kcdivaram interest

in which has been declared or recognized before the 1st day of November 1933 to vest in the inamdar by a decrce or order of a competent court which has become final.

3 [ * * * * * 1

'Those words were suh\titutcd for thc word "Madras" by the Tamil Nadu Adaptation of L?w% Ordcr. 1969, as amended by the Tamil N,idu Adaptation of Laws (Sec.,nd Amendment) Order, 1969.

a Thesc words, brackets and figures were cubstitutcd for the words andfigurmf'th~ l q t day of November 1936" by sectlon 12 of the Tamil Naju Estates Land (Third Amendment) Act, 1936 (Tamil Nadu A C ~ XWI of 1936).

SThe Schedule was repealed by the First Schedule to the Maha, R.paMngand Arnend~ng Act, 1938 (Madras Act MIX of 4938).

1996 iT;N. Act --rn - Estaies h n d ( T ~ M 501' Amendknt]

1pAMIL NADUJ ACT No. XVIII OF 1936'.

(Received the assent of the Governor on the 17th October 1936, and that of the Governor-General on the 27th October 1936 ; the assent of the Governor-General was first published in the Fort St. George Gazette of the 31st October 1936.)

, An Act further to amend the '[Tamil Nadu] Estates Land Act, 1908, and to amend the

1 '[Tamil Nadu] Estates Land ( A m e n d m e n t ) Act, 1934, for certain purposes.

%$ Act I of 1938. >Famil Nadul

WHEREAS it is expedient further to amend the l r r ~ l Nadu] Estates Laud Act, 1908, and to amend the 'ua,mil Nadui Estates Land (Amendment) Act, 1934, for the purposes hereinafter appearing;

Act vm of 1934. AND WHEREAS the previous sanction of the Governor- ,

I General has been obtained to the passing of this Act ;

It is hereby cnacted as f ~ l l ~ ~ s : - -

1. This Act may be called the 'flamil NadU] ShBrl t i l l . Estates Land (Third Amendment) Act, 1936.

- t These words were substituted for the word " ivladras ** by tb

Tamil Nadu Adaptation of Laws Order, 1969, as amended by the I

Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969- I

'For Statement of Objects and R~asons, see ForrSt. G~~~~~ Oazelte, dated the 17th March 1936, Part LV, pages 62-67,

' * s ~ t i o n s 2 to 12 were repealed b . section 2 of, a a the ~h~ 7 Sobcdule t the Tamd Nadu Repea In8 and h e n d i n g AC~, 1951 ' mmiJ ~ a 2 u Act X N of 1951).

13. All proceedings stayed under sub-won (2) of ~ a m a section 127 of the 'pamil Nadu] Estates Land (Amend- g2d<lrn ment) Act, 1934, shall be disposed of as if the 'Famil ,,f1934. Nadu] Estates Land Act, 1908, as amended by the lITamil '[Tamil Nadu] Estates Land (Amendment) Act, 1934, ::fbf and by this Act, had been in force at the time of the 1908. institution of the said proceedings in the court of iflamil first instance. xadul

Aa a 1 1 of 1934.

14. In computing the period of limitation prescri- ofperiodof bed for any suit or application for the ejectment of

a tenant or for any proceeding involving a decision whether or not the inamdar has the kudivaram right in any land in an inam village, the period between ,rramil the date on which the '[Tamil Nadui Estates Land Nadu] (Amendment) Act, 1934 came into force and the date Act on which this Act comes into force shall be excluded ' in cases to which sub-section (2) of section 127 of~adu] the '[Ta.mil Nadu] Estates Land (Amendment) Act, -$t9Y4F 1934, applies.

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