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GudalurLatestLaws.com
Junmam Estates
(Abolirion and Conversi~ninto Ryotwari)

THE TAMIL NADU ACT No. 24 OF 1969."

HE GUDALUR JANMAM ESTATES (ABOLITION

AXD CONVERSION INTO RYOTWARI)
ACT, 1969.

{Received the assent qf' tlte President on the 6th December

1969, j r s t published in the FOIt S t . Gccrge gaze^^.^,
on rlrr 17tlz Decenlbzr 1 969 (A,yrci.rrhayann26, 1891).]

.-AnAct to provicle.for tlzc acqtrisition of the rights

o f junrnis
in janmam estates in the Gudalur talrtk of the Nilgiris
district and the introdztctian of ryot wari settkment

in suclz estates.
Legislature of the State of Tamil
eth Year of the Republic of India as

CHAPTER I.

PRELIMINARY.

1, (1) This Act may be called the Gudalur J a m a m short title,

(Abolition and Conversion into Ryotwari') Act, extent,

It extends to the Gudalur taluk of the Nilgiris

:

(3) f t applies to all jan m a ~ n

estates.

iSrt(4)

U shall

come into force on such date as the

ve*nme~t may, by notifioation, appoint.
~tcg~~~
Object3
t - o f and Reasons, see Fin St. ~ e o r & Gmette
inaiy; 'dated the 28th JAnwty 1969, &t IV-bc(ion 3,

application
and
commencement.;

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702

Gudal~rr Jarl~za~n
Estates (Abolition
and Conversion it2 to Ryotwmi)

(5) The Settlement Officer shall, i nunediately after

tllc 'late of the publication of the notjficatioll undfir sub*
section (4), publish in the District Gazette, a copy of the
notification under sub-secticn (4) 2nd shall also cause to
be published i i a~ conspicuous place in the village in which
the janmain estate is situated a copy of the notification
under sub-section (4) together with such particulars as
may be prescribed.
2. In this Act, unless the context otherwise requires,

Definitions.

(1) all expressions defined in the Mala

Act shall have the same respective meaning
Act with the modifications, if any, made by this Act ;
(2) " 2 ppointed day " means the date appointe
by the Government under sub-section (4) of .section 1
(3) " Ilircctor " 'means the Director of ~ittlernt:t
,..
appointed under section 4 ;
(4) " forest " includes waste or arable land containing trees, shrubs or reeds.
1

Explanation.--A
forkst shall not cease t
reason only of the fact that in a portion th
shrubs or reeds are felled, or lands are cultivate
roads, tanks, rivers or the like exist ;

(5)

.
,

"

Gwernment " means the State Government

(6) "janmarn estate " means any parcel or parcel

of land included in the holding of a janmi ;
-(7)' " janmi " means a person entitled to t
proprietorship of land and includes a trustee
thereof ;
(8) " Malabar Tenancy Act " means the
. Tenancy Act, 1929 (Tamil Nadu Act XTV of
(9) " plantation crop " means tea, coffi,
cinchona or cardamox ;
(10)

"

Settlement Officer " means the Settlemen

Officer appointed under section 5 ;

(11) " tenant " means a verumpattamdar a

in sub-clause (a) of clause (29) of section 3 of the
Tenancy A d ;
(12) '' Tribunal " W d n S the Tribunal c~nstitut
under section 7.
-

- - - + - % -

.-. ---

-,
. ,
-

------:--.-- -

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.
Gudulur hnmum Estrztes

(Abolition and Conversion into Ryotwari)

C HAPTkR 11.
JANMAMESTATES,ETC., IN GOVERNMENT.
With efiect on and from the appointed day and save Vesting of

ING OF

ssly PI-ovidedin this *4ct--

mam estates ;

ar Tenancy Act, the Malabar Land

895 (Tamil Nadu Act I11 of 18%), the
rovcments Act,
11 other enactam estates as such, shall be
en repealed in their application to

janmam
estates, etc
in Governt

ate including all c:onununal

s, waste lands, pasture lanc!~,forests,
quarries, rivers and streams, tanks
fisheries, and ferries situated within
of shall stand transferred to the
ment and vest in them free of all eficumbrances,
e Tamil Nadu R.c~cs?ueRecovery Act, 1864 (Tsmil
Act I1 of 1864), the Tamil Nadu Irrisatian Cess
1865 (Tan61 Nadu. Act VII of 1865), the Tamil Nadu

(c) all rights and interests crea:ed by the janmi in

efore the appoiut~dday shall
ment cease and dcterminc ;

, after rernovkg any obst~-t+

d, foi thwith take possession of tho
ccounts, registers, pat &as,muchilidocuments relating :- the
crnment may require for the

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LM

Appointment
and functions
of Director of

Appointment
and functions
of the
Settlement
0;BFicers.

Gudalur Janrnam Estates

I1969 :T.N
(Abolition a},d Conversion i t ~ t oRvot wari)

Act 24

(e) the janmi and any other persoil wlzcsc rights

stand transkrred under clause (b) or c e : ~ >~ i~l n ddetermine
under clause (c) shall be entitled only to ..ccl~rigbis and
privilegts as are recogniscd cr conferred on him by or
under this Act ;
( f ) the relationship of janmi and tenant, shall as
between tlrerr,, bz extinguisl~cd; and
(g)any rights and privileges which may have accrueti
% the janmam estate to any person before t l ~ cappciihted
day against the janmi shall cease and determine and shall
-not be enforceable against the Government or against' the
janmi and every such person shall be entitled orkly to
sucl~rigkts and privileges as are recognised or ccnxrrd
on him by or under illis Act.
4. As soon as may be after {he publication of this Aot
in the ?Fort St. George Guzette, the Government shall
appoint a Dirtctor osfSettlements to carry out survey and
sett lellunt opcrat ions in jannlam estates and i n t r o d u ~
ryotwari settli m n t therein. The Director shall b
: subordinate to the *B~at*dcf Rev~nuc.
5. (1) AS soon as may be nfrer the publication of this
Act in tl~@.ForiSt. George Gazette, the Government -shall
appoint one cr mcre Settlement officers to carry out tke
functions and duties assigned to them by or under this
Act.

as he may i~sue,from time

shall also have power to canc
acts or prooeedings of the
thow in respect of which an appeal li
6. The *Board of Reve
- Powers of
control of
(a) to give effect to the proviiions o
--the *Board of
- Revenue.
.r
(b) to issue instructi
Director and Settlement Officers ; +axid
(c) to czncel or revise
, wedings of the Director i
taken in the exercise of
,

- -

I.

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.
GudafurJan~namEstates
(Abolition and Conversb:~into R y ~ t w a p i )

7&5

a Tribunal fir Constitutim af

Tri bunat,

(2) The Tribunal shall consist of one person cl11y

shall be a Judicial Omcer not below the rank of
1 have the same powers as are
cr the Code of Civil Procedure,
8), when trying a suit or when

CHAPTER 111,
ORANTOF RYOTWARI
PATT.-~s.

e appointed Lands la
t o i all lands whichtbe
nmi him~elf,or anmi 1sto - .m or fa mi?v cr qoiwarj

intitkd

latratian I.-" Cultivate" in this section includes the

nting and rearing of topes, gardens, crchards and
ntation.crops, bat does nof i~-.cludethe readnz of tcpes
sponfanzous growth.
d is cultivated with
by any building for
cultivation of such
e for the market and
ng or contiguot~sto
of twenty-five per
listrued to be land

on and from the Lands in tesi pafta .in restlect pect ofwhich a
o have been cultie members of his
own servants

tenant isentitled to
ryotwarari pat%&^.

LatestLaws.com
-.

"9."

..

l '

i.4'
+

P".

I.

'

b4 S :
$
*
'

du&zur Janmam Estates (4olitidn <. , [19@9*:*$

(%;cam&C~nversior
into,Ryo$wari)...-.-- .-..

$68

'kd*
- +.'

;*
I

, *r

.. * ? '

L.

.%

:%t*

't

%?!

2.

.:
.

'$6
7=

&"., ......:
@@+;$;

.-@<
?=$;,
-,,r
,u.

3'

!I

<

ordinary course of husbandry

" three agricultural years immedia
June- 1969 :
.
. : ' Provided furth;;' that 'n
ted into possession of an
the 1st day of June 1961 shall,
meat, after an examinati
otherwise direct, be entitled
to
,
of such land.
(2) Notwithstanding anything co
section (I), no tenant shall be entitle
patta in respect of any land under
such tenant has voluntarily abandnne
his rights in respect of such land on
of the' decision of the Settleme~at
section (1) of section 12.
: I p , .*
araataf: .
10. (1) Where no person is entitled
V O ~ W
patta
~
in respect of a land in a janmam estat
On
- section 9 and the land vests in the (3
of personal . ,. . .
in who had been yersgmlly cultivat
certain cases. continuous period of three agricultu
before the 1st day of iune 1 ~ 6 9
ryotwari patta in respect of that land :
Providec: that no person shall be
patta in respect of any land und
person has voluntarily abandone
rights in respect of such land on o
decision of the Settlement OBcer
section 12.
~xp2anation.-For the purposes of this sub-section,
person is said to personally cultivate a land when
f
contributes his own physical labour or that of the
bers c )f his tarwad, tavazhi, i llom or family in thb
cultivation of that land.
(2) Any ryotwari patta gra
shall take effcct on and from t
such
palta.
.z-.;
. .
c .'.
:.
1 1. Notwithstar ding
~andiiti
and 10 no ryni wari pall a
r e s ~of
t :
w-hfch+qo
any land f a i under any
ryotivaripatt* below and siltrated within rhe
will bs ~ a e destate
:-

fa

; ,:t;l:!L!:*i' '..p
*'.".
- .k

f -

"-

(u;

forests :

-..-. -,
/

s,,

.-.

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- -

---_

Gudalur Jmmam Estates

(AbolIt20n and Conversion into Ryotwarl)
. .. -*. *.
I

? ,

..

floor, cattl: stands, village sites,

temple sites and such other lmds
nmam estate as are set apqrt for the
;

(djrivars,stre.~msandotherporambokes.

(i) if the person in occupation of the lan:: is not

the janmi, to the occupant ; and
(ii) to such other persons as may be specified in L ~ :
:rules made by the Government in t b s behalf.

(b) The Settlement Officer shall also publish in the

prescribed manner in I he vi 11age the no:ice referred io i
clause (a) and after giving the parties who aopear before
him an opportunity to bc heard and to adduce their
give his decision.
.Laevidence,
(3) Against a decision of t he Settlement Officer
under
,sub-secti on (2), t he Government may within one year
from the date of the dt cision, and any person aggrieved
.by such decision may, within threc months of [he said
. date, appeal to the Tribunal :
'

'

Provided that the Tribunal may, in its discretion,

'allow further time not exceeding two months for the
filing of any such appeal :

C-I-125-7--45A

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- . . - .. - .

I.

Gudalur Janmarn E~tatcs(Abolition -_ ... ..md

.I
Conversion into. Ryo
. Miari)
.. .

;;:$08

-I--.

13. (1) (a) Every person, whether

who becomes entitled to a ryotwari patta under-this Act
(other than ur~der section 10) in respect of any land shall,
Government.
for each fasli year commencing with the fasli year in which
,
*
the yqointed day falls ; and
(b) every person who bzco-mes
patta under seetion 10 in respect
fasli year commencing with th
,,
.patta is granted,
+
. be liable to p ~ to
~ ythe Government
+
, ..
.. ' the ryotwnri se!tlement of the janmam estate under section
-.
. I 20 and pending such ryotwari settlement be liable to pay .
r t :' : . .- land revcnue at the same rate and in the. same manner,
,,::i~s:~ 1 2 , ii- :!- as for the nearest ryotwari land of similar description and - .
,with similar advantages in the Nilgiris district. .
(2) The land revenue payable under sub-section (1)
shall be fixed by the prescribed authority. - - - .
]Liability to
pay land
revenue to

: I

.Ll,

'

.r-

Vestingof

''

.e

14. (1) Every building situa

janma m estate sha ll, with effect
day, vest in the person wha owned
that day ; but the Government shal
fasli year commencing with the
the appointe l day falls, to levy t
ment there011.

bUiIdlng5.j

".,

;$ ;

.,."
-

.I;

,-

"

;?pi

Afp:,..~-..,'h

'2

Pi"
: v, .;-+;.,
"&.

$*?'$
.;I%
=;?*,

.,*

Y . (2) In this section

buildi
which-it stands and any adjacent
an appurtenance thereto.

':3

*:-

9 * '

,#:':kwhof

<.;,.hX

. ...

'.

15. Where any p e I ~ b nhas been

&on
of any land in a janmarn est
.*j ;.:, gmitted
?to ~ O S S ~ S - non-agricultural purpose, that person shall
" $ 5 "won ofland
to remain in possession of the 1
Kaja-m
the payment by him to the Gov
a t , for
or other assessment .or the ground rent wh
nOn-amiwltaral purpose. imposed upon the land :for each fasli year
with the fasli year in which the appointed d
~ n . -:zmons

P was not void or ilkgal

Provided thzt such translction
- x* under any law in force at the time:

'

Orc

-,

Provided further that a person who has been admitted "'

,.
into possession of any land on or after the 1st day of
June 1961 shall be entitled to no rights in respect of.such
land t x c e ~ twhere the Government otherwise direct,

.+(

-.I-

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9b5

Gud~lui*
Jnn~nam8stotes
(Abolitinrr and Conv~.rsioninto Ryotwari)

(1) Except whexe the Govcrilment otherwise direct, Person.

adml t ted into
rson admitted by a janmi illto possessioll oIf any poqsession
of
of the description specihcd in section 1 1, sh all be
lands
led to any rights in, or to rcrnaiil in possession of, how dealt
der sub-scc:run (1) allowing any
to remain in possession of any s w h laud may

. .

t o l g i ~ u n drent p s j d l i ~to
~ the
for each fasli year coil~mencing
sli year in which the appointed day falls, and
special tenus and condition ,, including
iod for which such person inay remain in possession
land as ' the Goverl~mentmay consider necessary
time before the appointed kigbtsof
y way of lease, rights in any lessees of
ivation of plantation crops, plan'atiom
clr opinion, it is in the public
ce given to the person concerned
effect from such datc as may be
t being earlier tkian three months
se right has been so terminated

nsation from the Go*~er~zmcat

by the *Board of Revanue in
scribed, having rega;d o the
period for which the rigLt was

right is not deteirniricd under

ction whereby sue+ rigbLt was
shall be deemed to be velid a i d ill1 rights and
ens .arising tberaunder, on or after tile appointed
all be enforceable
or against the Government :
nsaction was not void or
at the ti=c.
i!' in their opillion ,.it 1s
, iinposz reasonable restrice
oy right continued, iifider this

--

__._--.--

-".-

the Tamil Nndu i3osrd o i

illNadu Act 34 of 1.9SG)- a n v
v=nuc :;l~all be dcen.ct1 t o b.2 a

<, %:%c
t

f.'.,

-.... .
=

**.-I;

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_.

% . A * .

,,

,
,

--

Explanation.--Any rights granted in

aease
andunder
detejrmins
be dealt witlh und
and not
this and
section.

was createa for a period not exceedi

(b) The prson whose right has been s

shall be entitled to compensation fiom the
which shall be determined by the *Board of bvenu
such manner as may be prescribed, having regard to
value. of the right and the period for which the right
created

Provided that the transaction war not mid

under any law in force at tl$! time.
...

f"

*.

4 d

-,

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&f9%I.?.:
@
45.

Act 24

~udatur~unmurnZstatei
(Abolition and Conversior into Ry0,)wirl.ij

$$.(3)mGovgrnment mzy, if in theil

b public interest

o~ifiion,it is in

to do so, impose r~asonaoierestricrigkt contin~rduode: this

m on the exsrcis: of any

otion.

2.r

Explanatiorr.-Any rights granted in perpctuit y shall

'&and determine and be dealt with under section 3 (e)
Id not under t h i ~ e c t i o n .
k
,L1

CHAPTER IV.

x
h

Su~vmAND SETTLEMENT
01; JANMAM
ESTATIIS.

were
- tiovernment 16.?na
~naccor* ,
,
with the provisions for the survey 01 sucn iana conin the Tamil Nadu Survey and Boundaries Act,
53 (Tamil Nadu Act VIII of 1923) :
~ y be
, resurveyed as xt lt

.#

t - provided that any re-survey made under this

- .nui3-

i,

may be limited to what is necessary for the introion of the ryotwari s:ttlement of the janmam estate
;%art thereof.

.---

an= with a settlement natificatlon tramee ana puousnea i;3;ignt

!",:-

:bv the Government for the porpose.

of janmam

set out in tlle re-settledate of the publication

Gazette in the Nilgiris
-.

-.....

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Janmum Estates (~bolition
Conversion i ~ t oRyolwarl)
- - - - -

b
i s-

&&ZUY

a&

(b) if more than one such no

in thc district, the rates set out ia one of those.notificatione*;
which the Governmi:nt consider to be the most :appro-.,
priate to th2 casb.
(3) All rates of asxssmc:
szttlement under this section shall
&om time to time as laid down in t
notification refel red to

(4) Neitkr the settlement

passed in pursuance thereof sha
in any cou~tof law.
(5) Not hing in this-sectionshall
(i) as entitling 'ah) perscn td
I*3
.-,;. any land in respect of which he ha
undtr section 12 ; or
(ii) as empowering the &piApriate
authority to re-open any decision made und
.sf,

:fltc>7

CHAPTER
V.
,

'

DBTBRMIXATION
AND PAYMENT
OF C
21. The conipensation payitblc in res
t state sha 1
1be dctt.rmiued in accc rdance
22. Thc compensation shall be determined for tbi
tste as a whole, and not s
lest s therzin.

E x p l a ~ ~ i o n . - - F the
o r purposes of this section, the- ..
janmamtstate c;wnrd b y t h Nilambur Kovil~gcm.whkh
is partly divided and partly held in.oommcp by bythe ~ v e ~ a-.:l .
tavazbis shall b,: const&ed as, :ingle janinam estate. -;
l)a& annual
23. A sum called the kcsic aaaual SGU shall first &e ' *tun#
determined in respect of the janmam estate.
*
*

.%-

.'

-abb

mnual

24. (1) The basic annual sum s

of the sums specified bklow, less the
+
in section 27 :(i) the whole of the grdss annual rent demand in
respect of all lar~dsin the janmam estate occupied by any
person other than the jenmi on the appointed day 8s
ascertained under section 25, less the deduction specified

therein ;

-*-

''-

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.
~ u d a l u hr m a m 8stateu
(Abolition and Conversion into 'Ryatwarf)

?i.&

e of the average net annual misce-

erived from all other sources in the

estate specified in clause (b) of section 3, but

t of which the janmi is entitled

as ascertained under section 26.

ent payable by a tenant to the janmi

kind and partly in cash, its com'muted
ney shall be ascertained in the pres,

jzf$3
1~

.
-- -

~:s..:

?$+.!

*.i1.2

. :< i

.'t;.

'

nnual rent demand in respect of the Computa.

referred to in clause (i) of sub-section (1) of iecti~ntion of rent
all be the total of the rent due on'lands occupied b y demand and
person .other
. than the janmi on the appointed day.
therefrom.
ses of sub-section (1) the rent shall

under the Malabar

n the appointed day, and if
force on the appointed day the fair
accordance with the provisions
the said Act by such officer as may be authorised by
behalf and subject to such rules
. ,

hich the Malabar

nt payable to the
occupation of the land for the
the a,oricultural

f ' +

ir
.. _ a ": . # .
r

. -,

"..c

- c c ,

, '

nnual rent demand there shall

-third per cent of such demand
nce of irrigation .work3 serving

the janmam estate :

i
t

. Provided that no such deduction shall be made if

there is no irrigation work serving the janmam estate or
'if-thejanmi is under no legal obligation to maintain any
,such work serving the janmam estate :

'

.'.

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'fi4

&&i~r ~ m m m
Eaates ( ~ b o l ion
it

. . and Conversion into Ryotwari)

ment may deem reasonable.

I

Computation

26. The average net annual miscellaneous revenue from

d ~ ~ ~ l l a n e o uthe
s sources referred to in clause (ii) of sub-section (1) of
section 24 shall be the avcrage of the net annual income ,
revenue.
derived by the janmi from s ~ c hsources during the three
agricultural years immediately preceding the agricultural
year in which the appointed day falls :

of

is' of the opinion that, there are no reliable data for asar-,(
tainiug the said annual income derived by the janmi 'the
aver. cre net annual miscellaneous revenue from the sources
referred io in clause (ii) of sub-section (1) of section 24 shall
be the average of the net annual income derived by the
Government from such sources during the agricultural

two agricultural years in other cases.

LatestLaws.com

(Abolition and Conversion into Ryo

of fifty rupees per acre of such forests, the compen-

n payable to such forests shall be an amount equal

.the amount calculated at the rate of Mty rupees per acre

# such forests, and the total compensation
in
espect of the janmam estate shall notwithstanding anying contained in this Act, be determined accordingly.

p.
t 29. (1) The Director shall, by order in writing, determine Determination
Fin accoidance with the pro-vis'lons of sections-24, 25, 26, of basic annua
*

and cornI27 and 28 the basic annual sum in respect of each janmam sum
pensation.
Festate and the compensation payable in respect. thereof.
;.i
"L
,

janmi or other person interested may, witnin

s may ba prescribed or such furthdi tinkc! as the
y, in his discretion, allow, apply in writing to
for a copy of the data on the basis o f which
[he,propost s to determic:: th,: 5-6.: wnual sum.
such application, the Director shall
said to the applicant ;and he shall
any order under su b-section (I), give
easonable oppor tunnity of ma king his
s in regald thereto, in writing or orally.
copy of every order passed under sub-section
tmmunicated to the janmi and also to every
pplicant under-sub-section (2).
Director may, at any 'time, either SUP
ation of anyp~rson,review anorder
r sub-section (1) on any one tar more
g grounds, namely :. . , . ,.
,

(a) that the said order is vitiated by any~clexical

arithmetical
mistake or error apparent on the face .of
,.
,
the record :or
-.

*"-- r
",

c,

...

(b) that subsequent to the passing of theJsaid

a n <:~ n a l
avo become available ;or
.

&h for the better calculation of the basi:

$ 4

.I

(c) &at the said o~derrequires to be modifigd.

6 in phsuance ofthe final order of any Competent authority :+ ,
..

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Gud;;tur Janmam Estates (~botltiori'
[i-~,jvConversion
into Ryotwarl). . i

-without giving the j

under this sub-sectionrand sub-sec
opportunity of being,..heard.
.I

"
i i

(ii) A copy of every orde

section shall be comquaicated $0
- and also to the janmi concerned a
this sub-section and {ububrsectio

.,

allow, appeal to the

shaU, after giving the appellant a reasonable o

of b:ing heard, pws such orders ~n the appeal as
fit.

(7) The *Board oi L~vunrrr.m1ay also, in i

cretion at any timo, either ~ u mgtu
o
or on the appli
of any person, call for and examine the record of any 0
passed, or proceeding taken, by the Director under
section, for the purpose of satisfying itselfas to t h leg
~
regularity or propriety of su
pass such orcter in reference

I
I

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.
-

__
.I

Gudalur Junmam .Estate$

7.47
abolition^ and-Conversion
- . %to
. .~
- ~
- o.*ar~)
1.

'ProM'dedthat no application for review shall be granted

*Board of Revenue without previous notice to
mi, and to the applicant, to enable them to appear
be heard in support of the order a review o f which is

ority or to be questioned in any

CHAPTER VI.

DEPOS
IT AND APPORTIONMENT
OF COMPENSA'I'ION.
oveinment shall deposit in the office Compensation
be deposited
compens?.tion p~~yablrunder this to om,
of T ~ ~ d manner and at such time or times bunale
instalmrnts as may be prescribf d by
~ ~ l made
t s under section 30:

Govei-nment shall bo entitlcci to

deduct from the amount to be dcpositcd -

remainingdue to them-

nt payable by the janmi

he Government;
(ii) in resmct of any claim which was secured
jmmed.ia.tely before the eppointed day by a mert&a% of,
or a ckarge on, the janmam estate or any portion thereof ;
---

of Revenue Abolition Act,

oard of Revenue sball '?e

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-74.8

- Gudalur Janmam Estates (Abolition

- &td Cbnversion {nto Ryotwari)

''

(b) all intorim payments depo

(4j ,Owction 40 in excess of the am
payable under that section :

fiovidcd further that where the total amo

cornpensetion payable in
stands altered after the de
been madt;, the Government ma
. withdraw the same from the depo
wise adjust the same in such ma
times as may be prescribed and the provision
32to 39slnd of sections41and42 shallapply to
finally under deposit and to this extent the
the Special Appellate Tribunal, as the case
be competent to revise its 01aers, if any, alre
2 - .

,1 ,"

'
r ~ : :,id%? *c

6,

.*<%

i
:.%

&A*,

A.

.qpi?; 2
$&+ -..

(2) On the mzking of such

. 9 ~ t shall bc dzcmed to have be:n
comp
in respect of all claims to, or enforce
compensation aforesaid.

.-:
:,-,<

"

-*

J"

.+*+?mms
to t),?
32.

(1) Every pkiori who makes

foreabl against, the compensa
*$;I +*&x montbs.
of the provisions of this Act or a
.
.
-'--.;., %**.J;;.n
ing the jannli, members of his
2,:'?ti5,..&*i;g$E;:?'t:, , :.
,;$sfb... -%d, - family claiming any pdrtion o
,
?
a
~
~a~
;YheT by way of a share or
2.
. . -.
,!:;. :d"wise,and crfditors, whether
-g'd' - . .
4,
' b b l l apply to the Tribunal
.- ':: . .
date on which the amount was d e p s
h t h e r time not exceeding three mon
may, in its discretion, allow

;;+;
:'?&de
F

6*%

*%v-

*:

,-

b+

'

.:%

P- J
G

"

(2) Every claim to,

peasation or any portion t

,.Tribunal
within the time
. .

<

(i) in so far as
.Tribunal under section 43 ;or
- .- .
,::+ji>.

;,;=

.-

(ii) subject to t
as it relates to the amount
payment has been made
: Appdate Tribunal in favour of any person.
cease to be uuforceable,
.

.
. < - --

,&

a t

-*

t.

k
-,
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* - .

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-/"

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LatestLaws.com
LatestLaws.com
.-+-._-

).

._-

:T.N,Act 241

Girhlur Jtmmn~irEstates
Abolition and Conversion into Ryolwari)

7i9

r giving notice to a ' 1percons ~ u t yof Iri32 and to any others whom
nterested, make inquiry into tho validity
ved by it, and determine the persons
are entitled to the compensation depouut to which each of them is entitled.
to such determination, the Com~ensatioa
to be
oriion the compensation among the ,pponioaed
r IQrSOnS Whose rights Or interests by Tribunal,
stand transferred to the cjoverriment
tion'3, or cease and determine under
,including per sons who are entitled
the janmam estate and its income,
ccordance with the value of their
interests in the janmam estate.
I

(2) The value ofthose interests shall be ascertained(a) in the cast; of the janmam estates held by imrwad referred to in saction 35, in aocordanw
ovisions contained in that section and in such

nmam estates, irr accordade by the Gio~~e~nrnent

(2) The Tribunal shall deter mine the aggregate

compensation payable to all the following persons, considered as a single group :(a) the members of the tarwad (who are herejo.
after called " sharers '3; and
lnediately before the
intenance out of the

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LatestLaws.com

.-

to which each or"them is"SO

der of the aggregate comp
the sharers cad mainten
vided.
(4) The portion of the aggregate
aforesaid payable to the maintenance-hol
determined by the Tribunal and notwithstanding any
arrangements already made in respect of maintenance
whether by a decree or order of a Court, award or other
instrument in writing or contract or family arrangement,
such portion shall not exceed one-fifth of the remainder
referred to in suo-section (3) ;except in the case referred to
in the second proviso to sub-section (2) of section 27.
(5) (a) The Tribunal
of compensation paya
and apportioning the
as far as posible, to the
(i) the colnpensation payable in respect 6f

r C'
,* .

-.

..- . :.-

= I

.,-

..

..

*.

(ii) the number of persons to be maintahed

.
,.

(iii) the ilearncss of relationship of the per

claiming to be maintained ;
-

and .

(iv) the 0ther sources of income-of the

(b) For the purpose of securing-

=c r

--

----U)-

.-

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Gu&lur Janmum Es fates (Abolition

' a d Conversion into Ryotwari)
that such a grant will result in
holding or for any other rea
sation awarded to the maintenance-holder may
by such amount as the7Tribunal may consider
/

1 '

devolved.

year,
-n

----

LatestLaws.com

.
Gudalur Janmam Estates
(Abolition and Conversion into Ry
h of the subsequent agricultural
t to be deposited shall be the
estimated as aforesaid,
The Government shall deposit all such amount,
ffice of the Tribunal and the Tribunal shall after
s fit, apportion the amounts
to any portion thereof, arr
with the value of their resh a deposit, the Govemeen completely d.scharged
or enforceable against, the
on has been finally dtter11 ascertain the aggregate
have been due in respect
under sub-sections (2) and (3) for
oacerned, if the basic annual sum
d been adopted instead of the
basic annual sum as roughly estimated.
(7) If the aggregate interim payment determined
nder sub-section (6) exceeds the aggregate interim payment alnady deposited, the balance v?ith interest thereon
at three per cent per annum shall be deposited by the
Government with the Tribunal along with the compcnsation as finally determined.
(8) If the aggregate interim payment determined
under sub-section (6) is less than the aggregate amount
already deposited, the excess amount deposited shall
be deducted by the Government from the amount ot ~ t s
compensation finally determined and the balance shall
be deposited in the office of the Tribunal.
(9) No interim payment made under this section
shall be deemed to constitute any part of the compensation which the Government are liable to deposit under
sub-section (1) of section 31, or to any extent to be in
lieu of such compensation.
(10) The Tribuual shall revise its apportionment
of the interim payments with reference to the aggregate
interim payment as finally determined by the Government
and make the necessary adjustments when apportioning
the compensation as finally determined.
C-I- 12 5-7 -46A

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Bearing an appeal.

5f,

--

. .

--.

-?

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3..J-..~
:
: 2

=;ern
. ,,*

~24
s

?+

* : * $

.,
"

>

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$'")

r<:. y
st

Gudalur J m a m Estates (Abolition

;
mrd;Conversion into Ryotwari) .

m ~ . $ : ' 4 (1)
5 . (a) All omoiuits'deposited in
8naburaod
Tiibunal under sub-seicqon (1) of 'section
dealt with
how ' sections (4) and (7) of section 40, and r

,-

**

&-

"i

'

and with reference to which no . claim

within the time specified in sub-section (
or no application for payment has been made
time specified in section 44 ; and
a

(b) a11 amounts deposited as aforesaid and remainin

unpaid after the expiry of a period of lrix months from

date of the disposal of the application under section
shall be withdrawn by the Tribunal and deposited in
District Court having jurisidction over the janmam e
concerned in the naae of the janmam estate OP,?as
case may be, in the name of the person or persons
whose favour an order for payment has been made
the Tribunal or the Special Appellate Tribunal.

(2) All amounts deposited by the Tribunal in t

District Court under sub-section (1) shall be dealt wi
by the District Court in accordance with such rules a
m d y be made by the Government in this behalf.

,*I
r

(3) Every person making a claim to or enforceabl

against, any amount held in deposit under sub-section (1)
shall apply to the District Court in the prescribed fonn
setting forth his claim..
(4) The District Court shall, after giving notice to all
persons who have applied under sub-section (3) and to
any others whom it considers to be interested, make en
into the validity of the claims received by it and
to the provisions of sub-section (5) determine th6
who are entitled to the amount held in deposit and th
amount to which each of them is entitled.
(5) Every order for payment made by the Tribunal
the Special Appellate Tribunal in favour of any
sha2 he binding on the District Court.

46. Where any payment made to any person

sequently found to be not due to him or to be in e
r~vcrabl@
the amounts due to him, th# amount which i s
land rev*ue* be not due or wtich is in excess, as the case m
interest thereon at three per cent per annu
portion thereof which cannot be otherwise
deduction from any amount due to such per
recoverable as if it were an arrear of land rev

WTOII~~UXI excess payments to

.-"*
I

,.-

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.
Gudalur Jarimam Estates
(Abolition and Conversion into Ryc

CHAPTER VII.

RECOVBRYOF CONTRIBUTION
FROM FATTADARS,
7. The Government shall be entitled to collect from Pattadam liable
attadar and each pattadar shall be liable to pay to to pay contribuvernment, by way of contribution for mery land in tion.
of which he has been granted a ryotwari patta an
s the difference between the fair
land as determined in the manner
n (2) of section 25 and the land
due on such land.
ion.-For
the purposes of this Chapter
" means any
person (other than a janmi) to
has been granted under the
48. (1) The Settlement Officer shall, by order in writing, Determination
determine in respect of each pattadar the contribution of confxibuticm.
payable by him under section 47.
(2) Any pattadar or other person interested may,
thin such time as may be prescribed or such further
time as the Settlement Officer may, in his discretion, allow,
apply in writing to that Officer for a copy of the data on
the basis of which he proposes to determine the amount of
contribution payable under section 47.

(3) On receipt of such application, the Settlement

Officer shall furnish the data aforesaid to the applicant ;
passing any order under s u b
licant a reasonable opportunity
ntations in regard thereto in writing
der passed under sub-section
ed to the pattadar and also
(5) (i) The Settlement Officer may at any time either
suo motu or on the application of any person, review an
order passed by him under sub-section (1) on any one or
more of the following grounds, namely :--

(1) that the said order is vitiated by any clerical or

arithmetical mistake or error apparent on the face of

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328

Gu&lur ~anmam;Bstates.(rdbolition
Conversion:&to PRylotwari)

i*

(2) that the.said order.ceqxtires to be modified ir 2

pursuance of the final orde
or Court .:
I,f,

.(ii) A copy of every

section shall be' cbhmunic
*Board of Revenue and als
7 every - applicant vhder..this
;
' (6) A ~ )$eR&
;
2de
.made under sub-s&ioh'
'

..

,-

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.
:. TbNg~.Act
.3
241
I..,.
CI

Glrdalqr.Jaqmam &.vt,ates
729
(~bbNf$$'8h&'&fz
: ,r i,,:
v 2 t k t ~ y &to
1 ~ ~ y ~ ~ d ~- i i )
,

. \

":I

rder on !he applica-

. .*
. .
,>

no'application for review shall be granrcu , ,.

f Revenuefwithout-pieuioustlot~ceto r
n
r
.
hs applicant ,'to .enabl them to appear
upport .of the-oftier:a review of w i ~ ~ c h

- 1

.
>

i ;

,I

'

t 1

the Settlement O.&cer under

sub-sectit>ii 15) $hall 'be liable to ,be
ct& or1the ?Board
]led in any Court
rDi'f.cctor t;nd& subGelled or .modifiekj
rd ~ofvRevenue~ss
sforesaid or to >be
outf bf'law ;anird::floorder passed by
e under sub&ectibn.:(7) or sub-section
shall be liable to be cancelled or modiiieki.*bythe
ority o r t p ,be queqioned
. ,
L

t of contzibutioh ,payable by the Recovery of

contribution
t shall: be ,paid t o the Government payable
stalments . free :of interest .at, such the
and on such date as may be pres..

'.a

adar ghall,,be,gptitled..t o pay the

ibution :with a,:rebate :oCrfive +per
wa years.faom+he date bn which .
y $ , e co-nt~jbuti~n
:

'

dB

adar &l&bbe:dri1;itled to
& b $ ~ & ~ : ~ &l;ifiscaf~ ~
all be adjusted towards ;he subquent instalment Dt 'f 1St@hiiW~.7
,

ion payable to the

Act .may be recovered as if it
e'tefiqe; r.. : : : "'
1'

: ,.

f .the 'ra&l "N'a'du Board bf,-venue

au Act. 36*"d'flri'sgd),'any i-d&re;ide
e d&ib& t o ? ~ e 4gfefef.ence'
i'
!to : t b
*

"*

C*

4 ,

3.

'

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r q

,
I

,;
'

. - a

3"

. .,.. 'f',;t
,

tl<

;+
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, ,. .'," i : itf

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LatestLaws.com

730

[1%9 : T.N. Act 24

&&ur h m a m Estates (Abolition

a d Conversion into Ryotwari)

Bblietim of
-d-rand
t rnoti@
d to
dVe
of
.transfez.

50. (1) Whenever the

transfer or after its

the transfer is effected,
give notice of such transfer to the Settlement Officer
any other officer authorized in this behalf by the Government (hereinafter in this section referred to as the
authorized officer).
(2) In the event of the death of any person primarily

liable as aforesaid, the person t o whom the title of the

deceased shall be transferred as heir or otherwise, shall give
notice of such transfer to the Settlement Officer or the
authorized ~fficerwithin one year from the death of the
deceased,

which he may incur through such

for the payment of the contributi
transferred until he gives notice
have been recorded in the reve
.inthis section shall be, held t
.transferee for the payment o
C-ER

VIII.

MISCBLLANEOUS.

""

R a y of exccu*

31.(1) No court shall, be

aod prdings
prohibitionear~iestdeposit in pursuaw
of certain

wmma.

*'.
<,

d a c e of the Tribunal, order or continu

~esiectof any decree' ortor
.against his interest: i
lother imnomble
'byarrest and detention; a

Em--,

- ._--

.. ..-.-v-

-."...-__-

*_.*

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-,--->.L-

"A.

..-

.
Gudafurl m m m Estates
(Abolition md Conversion into Ryetwmi)
I

.7

execution in the cai3es aforesaid 'may be ordered or

inwd as specified in, and in accordance with, the
ovisions'of section 52.

All proceedings for the execution of any decree

by the arrest and detention in prison of the janmi
on the appointed day shall stand dismissed and
s detained in a prisou in execuecree, or order, he shall be released
(3) Notwithstanding anything contained in any other
for the time being in force, no janmi shall, on or after
appointed day and before the date on which the earliest
aforesaid is made, sell, mortgage, lease or othern, or alienate any of his immovable propen,,
ansaction of the nature hereby prohibited shall
tive and shall not confer or take away
on or from any party to the transaty enforceable immediately T r d i o n a l
ainst the janmi or against provision in
hts stand transferred to the regard to
clause (b) of section 3 shall, !iabilitkd
nforceable against the interest janmi, etc.
tate ; and all such claims and
ate on which the earliest deposit
Act is made in the office of the Tri-

rim payments or the compensapaid or payable to him under

tent to which such claims and
le against his interest in the
tely before the appoint1:d day ;

(b) against his othta property, if any, to the same

,'"extent to which such claims ana liaoiiities were enforceable
: against such property immediately before the appointed
n or after the appointed day,
on in respect of any decree or
jatlmi or any other person aforehe had in the janrnam estate;
n shall be ordered or continued in such cases

LatestLaws.com
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aforesaid, or against his oth?*priiip6Fy, if

,:

deposit
in pursuance of this Act is made in x. -m ~ o m c e ~-1
o~
-

Decipion of
questi on8
rcSsrding
forests.

,*

. ? . . , ' , ' , yA'; ' * ' , j

.it ,.;:
; ;': *&
53. :If &,question; &!ises :wbe,ther.aay:
landein* jP7yf
. %@ateis a,.forest :$)E*.$ r~ituatedini
aifaest;..or asi%.?o;.,
. .,limits ,of.a$forest,it, shrillsbedetermined -by the iflgttlgm
pppeal20 the ~irectol-.+~kithin,r
Officer,:s~bj,ectto
time
as
may,
,be
.presdbed
and also-#toretision .-I iby a6.
.
.
- . *@oardo f , Revenpe. :
j

'

. $:i::l

-7

;;1

'

. <

Janmi's right
to collect
&oearp6:.;
e".

4!;

At,

,;,

<

l'*

, I i.

. f

54. (1) Notwithstanding anything contained in thi

,Act, in the 'case *ofa janmam estate *all ai-feiirs o f
. payable. by .a ,person;to .a janrni in rkspect of; azlyii
: ;insuch.
estate and nutstandidg on the appointed td
to - the extent to ,-&hi~h
such arrears :are.5s exms:+of
- :&.e
-

t k

has <beenobtained ;therefor: i f su&:p6rsdnh.pays:I!t&i:&e ~?4

danmi the arrears 'of.ient due f o r a plrib'd of. :any qthdet ''*$
- Pis
agricultural years.
{;
8

>

.A-,a*,

(2) In any suit 0r:proceeding for the xecowlp,:of+any

.
- - 24
a

or authority conceined shall, upon depobit fin

,or Ijefore the authority,: ;or u p ~ n ~ p r o obyf *,the#
She payment, of ,ahears of su~h~~rentrfor
three 'a
years, dismiss the suit or proceedings.

consistent with the provisiqts of this section, the CouHo

L

."
'.

.*

I . .

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:~.3~1.%& 241':

'

Gudalur Janmainn8hfates
(~bolitiohandC'6hviersion inib'Ryotwbri)

&itLJcoh&med! shall, upon deposit;ia:the Court. or

prdof of :the paymenti of .
the tenant: for anyx three.
Wtnral vears and on tlie amlica ti06 of- an; ~erson
d by such decree or ~rde;,~whether-;arnoi he was @artythereto, vacate the decree o r order :

*T@!~f$r~joisiotis' of rthis. sectibn 'sliall ha& e,ffekt.+''

tdndin~~~~rig~*ifi6onsist6ifit'~
t?ief&wit~ii ' c 6 n ~ e d
e Malabar Tenancy Act.
:-. .
.I

I be payment or deposit
made after;' tb6.tappointed
:

nu
*
* *93
. .

.h

2,-' ; ' .

rip; ,?% '

. r

.,

@) 'fiksai6t b i ~ihit day lost his right to recover the

~ossession or occupation of such land or building,

ner or to be in
1

,U

'b

.,,?rovided:thi& any lawful transferee of the ri$t to the

as'se~sion;.or
ioccu2ation of such land or building shall,
a=; as otherwise expressly provided in this Act, continue
ave the same rcghts against his transferor as he had
ediately before the appointed dayr
&. '~&videdfurther that any lawful transferee of the
itfieto.such land or building shall be entitled to all the
: under this Act of this transferor.
i
,J

*'36:(1) The decision of the Tribunal or the Special~es-judicara.

ibpellate Tribunal in any proceeding under 'this Act on

JC....

a UT

LatestLaws.com
Z-~
;GC
;;
JACCS~~ZG,,

and Conversiolz into Ryotwari)

(IYOY

I.+

nrZL

any matter falling within its jurisdiction shall be bindi

on the parties thereto and person claiming under the
in any suit or proceeding in a Civil Court, in so f ~ as
r su
matter is in issue between the parties or persons aforew~
in such suit or proceeding.
.

(2) The decision of a Civil Court (not being the Court

o fa District Munsif or a Court of Small Causes) on any
matter falling within its jurisdiction shall be binding on the
pa. Lies thereto and persons claiming wder them in any
proceeding under this Act before the Tribunal or the';:""
Special Appellate Tribunal in so far as such matter i s in
issue between the parties or persons aforesaid in such . ,
proceedings.
~

Limitation.

57. (1) A copy of every decision dr order

in any .

'

proceeding against -Nhich an appeal or revision is provided ,:k.,

for under this Act shall be communicated in such manner , 3
as may be prescribed.

:I

(2) Fcr the purposc of computing

limitation in respect of any appeal or
revision against any
of a copy ofthe decision
cant shall ba deemed to
(3) The provisions of section 4 and subsection (1
and sub-section (2) of section 12 of the Limitaion' Act
1963 (Central Act 36 of 1963) shall, so far as m a y be,
apply to any appeal or application for &tion u

Act.

N ~ E of~ordm
Y
pased under
this Act.

I.

if

(4) Where under,this Act an

for revision may be preferred to .a
within a prescribed period or withi
exceeding a specified psriod as
authority or officer, the further
computed on and from the expir
computed in accordance wit
sections (2) and (3).
58. (1) h y order passed
ment or other auth
or the Special Appellst
of matters to be de
shall, subject only to a n a
this Act, be fiual,

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.*.

..

T.N. Act 241

GudafurJanmm Estates
735
(Abolition and Conversion into Rvotwan/

(2) No such order decision shall be liable ro be

stioned in any court of law.
59. (1) No suit or other proceeding shall lie against Jurisdiction of
Government for any act done or purporting to be done
barred in
certain
cases,
er this Act or any rule made thereunder.

(2) (a) No suit, prosecution, or other proceeding

all lie against any oficer or servant of the Government
r any act done or purporting to be done under this Act
any rule made thereunder wit hont the previous sanction
the Goverment.

(b) No officer or servant of the Government shall

be liable in respect of any such act in any civil or criminal
proceeding if the act was done in good faith in the course
of the execution of the duties or the discharge of the functions imposed by or under this Act.
.

(3) No suit, prosecution or other proceadin~shalt

be instituted against any officer or servant of the Government for any act done or purporting to be done under this
' Act or any rule made thereunder aiier the expiry of six
month s from the date of the act complained of.
,

60. (1) The G o v e r m e ~ tmay m a b rules to carry powerto de

nut tho purposes of this Act.

ruler.

without prejudice to the

wer, such rules m8.y provide

rs expressly required ur allowed by

(b) the procedure to be followed by the Tribunal,

the Special Appellate Tribunal, authorities and officers,

appointed or having jurisdiction under this Act ;

(c) the delegation of powers confened by this Act

nment or any other authority, oSwr or

time within which appeals and applicssion may be presented undar this Act in
no specific provision in that behalf has been

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to forests whish have vested in the.<;overn;nenp

section
- 3. -* Now the Tamil

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