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?. ,) , ariderr erred Territory)
jenmikaram ti964 : 'kN,. Act' 39
? 1 Payment Abolition .-
1 [TAMIL NADUJ ACT NO. 39 OF 1964 2.
ACT, 1964.
[Received the assknt of the President on the 19th January
1965, erst published in the Fort. St. George Gazette,
on the 17th Mdrch 1965 (Phalguna 26, 18861.1.

An Act to provide or the extinguishment of the right to
receive, and t liability to pay, jenmikaram in the
Kanyakumwri divtrict and the Shrncottah taluk of the
Tirunelveli distric!t.
BE it enacted by the Legislat~,.]
e of the [State of Tamil
Nadu] in t h ~Fifteenth r ~ a uf
l the Republic of India as
follows : -
9h~**itle~extmt 1- (1)This Act may be called the l[TarnilNadu]
me&.commCIICb (TIansferred Territory) Jenmikaram Payment Abolition
Act, 1964.
(2) It extends to the %holeof the transfe~rcdter~i-
(3) This Chapter [except clauses (I), (5), (7) and
(9) to (1 1) of section 23 and sections 4 to 11, 1 7, 18 and 29
to 36 shall come into force at once and the rest of this Act
sha 11 come into form on the date of ex iraticn of a qeric d
of six months from the date of the pu lication of this A d
in the Fort St. George Gazette."
I -
These words were substituted for the word "Madras" by
the Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nadu Adaptation of Lawr (Second Amendment) Order,
a For Statement of Objects an Reasons, see Fort St. George
Gazette Extraordinary, dated the h July 1964, Part IV-Section 3,
page 141.
This expression was substituted for the mpression "State of
Madras" by the Tamil Nqdu Adaptation of Laws Order, 1969, as
amended by the T a d Nadu Adaptation of Law8 (Second Amend-
ment) Order, 1969.
* Now the Tamil Nadu Government GarYtte.
* ---wso+6., 1.
- .,

t T.N. Act 393 (Tra~tsferredTerrilory)JrnmUcaran2 389

Paynt ent ~bolition
In this Act, unless the context otherwise requi~es,- Definitions.

(4) " Director " means the Director of Settlements

appointed under section 4 ;
( 5 ) a fasli Year " means the year comnier cing on tbc
first day of July ;
(6) " Gowirm~ent" ~ni;;, :he State Government ;
(7) cc jenmi " means any individ~:alor any religious,
edtt.cationa1or charitable institvtion --,

(ii) entitled to receive jenmikaram i mmedial ely

before the appointed day ander the Jenmi and Kudiyan

390 (Transferred Territory) Jemikarorrt [I954 : T.N. Act 39
Q 8 J:
, *
Payment Abolition # .. st;d

$9 6 s jenmikaram " in rer.pect.o f any land means the

arncnnt entered as jenmikal am in tlie Register 6f J'enmi-
karams in rcspcct of that land and payable by thg:kudiyan
to the jjcnmi evsry year under the Jcilmi and ~udi3'n~.A,ti ;

' . .-.-:; C
I .

(10) ';kcdiyan " mea ns a person --- * i

. * f3.
( i ) spedfied ss k,ud,iyan in the Register &$@mi-
karams or his heirs, legal representatives or ass@p";;g$d
. .
' ,.>:
-. .#

(ii) liable to *ax. jemnikaram .imi-i&ii~ie~ji&ef;Cie

t b appointed day u n d the ~ Jenmi and Kud$yanuAct. ;
1 , "'%

. (1 1) " ~ e & s t e rof ~enm%ar;.m.t' means th:regi.ster

of jenmika ramsas prepared under seCtib'n.40:~~f.t&&d.bi
and Kudiyan Act and as in force on the date of tha'publi-
cation of this Act, aad as modified after tbq&d,dqte--
. . . .

(i) un'&er the provisions of thi; Act, or

- ' i: 4

(Q) by the order. of any cosnpetent agthqrity or


court in any proceo&ng i n s t i t t d under.the ~*i- qqd

Kudiyan Act before the date of ,the publication o i - h i s
. . ;:.
--act, .e . ,

(1 2) "Sot tlement Officer" means a ~ e tbme'nt

t Offidr
abointcd under section 5 and having jurisdiction ;

. 113) "trarksferred territory" means t b Kanxakumari

.,dist$ict and the Shencottah taluk of .the n&nelveli
district ;
(14) 'CTrilmnal" means a Tribunal. constituted under
aedion 8 and having jurisdiction.

CHAPTER 11. .. -+
~ ~ L I T I Q

JeomiLoram to 3. (1) With effect O* and dam

the appbinted . day, n o
be aboljsbed. jenmi shall l~avethe right to reqivo payment of jenmi-
karam and no -hLdiya&s.ll be liable to pay je-ram
to the jenmi ; and fbedg,ht to receive payment qc, wd
the liability to pay, jenmikaram sbll stand enti~&&ed. . - a +

3% (~ramferredTerritory) Jenmikarum 11964 : T.N. Act 39

Payment Abolition
Powers of . 7. The *Boe.rd of Revenue shall have power-'
control of the
'Board of . .
!a) tc) give effect to the provisions of this Act ;
* .

(6) to issue instructions for the guidanctkf the

Director, Settlement Offiwrs and Assistant Settlement
Officers ;
(c) to cancol or revise, within such period as may
~wprescribed, any of the orders, acts or proceedings of
the Director or the Settlement Officers other than those
in respect of which an appeal liss to the Tribunal under this
8. ( 1) The Government shall constitute as man Tribu-
Cgnstitution of
Tribunals. naIs as may be necessary for the purposes of this ct. il
(2) Every Tribunal shall consist of ona person only
who shall be.a Judicial Officer not below the rank of
Subordinate Judgd.
(3) Every Tribunal shall have such jurisdiction as the
Government may, by notification from time to time,
(4) Every Tribunal shall have the same powers as
are vested in a Civil Court under the Code of Civil
Procedure, 1908 (Central Act V of 1908), whea trying a
suit or when hearjng an appeal.


IncIusion of 9. (1) Where any person claims that any jenmom land
certain jenmom in respect of whhh he is thqjenmi or the kudiyan has not
lands in the been included in the Register of Jenmikarams, as 'in
. '
enmikarams* force on the date of the publication of this Act, he shall
make an application to the ment Officer for inclusion
of such jenrnom land in of Jenrnikarams :
* BY virtue of section 1q1)of the Tamil Nadu Board of ~ & ---
Abolition Act, 1980 mamil Nadu Act 36 of 1980), any ref@*@ to
the Board of Re\ erne la11 be deemed to *e a refe~nCe:td tho
State Governme]it. - r
t , . c . e a
Y* -
9 .a-


(Transfetrreed Territory) ,Ie~tnzk~:"'

Payment Abolition

n application to the Settlement Officer undor

(1) shall be made within such period as may be

(b) The ordcr referred to in clause (a) shall contain

particluars of the jenmom land, tlte name of tho jonmi
of the kudiyan and tho i~inountof jenmikaram payable
such other particulars as may be prescribed.
,;: .
Puyment Abolition n 'i '

entries in I
pect of jenm

. P , .

. .
. (2) An application under sub-section. (.l$ shall
confain such particulars as may be g~rescribedand shall be
accompanied by the documents relied on by the applicant
a s avidence in. support~ofhis claim. ,

This s~b-sectionwas substituted for the following sub-qeccicn

(3) by section 4 of the' Tamil -Nadu (Transferred Territory)
Jenmikaram Payment Abalit ion (A~ncndment)ACt, 1967 (Tahi f
Nadu Act 1 3 of 1967):-

h och application",

, . ..

Entries in the
Re ister of Jen-
mi asanISdeem-
ed to be correct.

396 (Transferred Territory) Jenmikaram [I964 : T. N
Payment Abolition

scale of corn- 12. In the case of any jenmi (not

enmi. to educational or charitable institution),
shall pay to the jenmi concerned as
amount equal to ten times the ag
amount of jenmikaram payabl
wrn equal to two and a half per
gate on account of collection charges.
Papent *f fas- 13. (1) Where the jenmi is
a"0wance to charitable institution, the Gov
tional or charit- institution every fasli year corn
a& institution. year in wbich the appointed da
to the tasdik allowance as calc
. (2).


. * .
.. -., . 7
(2) The tasdik allowance shall b
. -.-- j . -the aggregate of the annual amount of

ble to the religious, educational or c

after deducting a sum equal to two and a ha1
of the said aggregate on account of collecticm c
(3) The payment shall be made to the institu
under this section so long as it exists.
Determination 14. (1) The Settlement Officer shall, by order in
and tasdik allow and on the basis of the entries in the Register of
wancc, karams, determine in respect of each jenmi the .co
sation payable under section 12 or, as the case m
the tasdik allowance payable under section 13.
(2) Any jenmi or other pers
such time as may be prescribed or s
the Settlement Officer may, in his discretion, all0
in writing to that officer for a copy of
of which he proposes to determine the co
or tasdik allowance payable.
(3) On receipt of such appl
Officer shall furnish the &a aforesai
and he shall also, before passing an
section (I), give the applicant
of making his representations in rega
or orally.


ct 391 (Trunsferred Territory) Jenmikoram

Paymeat Abolitioiz

d may, at any time,

tion of any person, re-
sub-section (1) on any
ounds, namely :-
t the said order is vitiated by any clerical
tical mistake or error apparent on the face of

at the said order requires to be modified

of the final order of any competent authority

nt Officer shall not

ection without giving
icant under this sub-
onable opportunity

sed under this sub-

Board of Revenue*

Any person deeming himself aggrieved b 1 an


ade under sub-section (1) or sub-section (5), may,

n one month from the date of the order or such further


1 + b I 1 .TI

wfiement O&ers ' ~ d i eitr

fying itself as to the legaliy,
such order or proceeding and
theteEt6 8s it 'thilikslfit-: , ._,.. I

, ( . t l ' . . . '

~tdvidedthat theodrBPea5atbn oi the ta

payable to the jenmi 8liUl not b e ~alterzdby *the Board '*.

without giving him and every person who has made an +

application uader tbi$ sub-section and sub-section (2),

a reasonable -opportunity of being %card.,
(8) Notwithstanding an
section (6) OX sub-sealon ( I ) ,
may, .on application, made to it
Settlement Officer or by any 0th
review any order passed by it u
is of the opinicin that the said order is vit
in the decision on a' point of law or 'b
may make s ~ c horder on - the aPplicatio

Manner of 1S.The .compensation bnd the annual tasdik allwan& .

payment sf
cornpenoatio paHbk under ,this Act shall be paid >incash and in ode
add tasdik lumpsum.

'BY virtue of section lo(] ) pf $-

&senue Abolition Acti J98O (Tamil

reference to the Board of Revenue sha
refereoce to the State Government.

- --- -- _I-..
I I rC.2
Y.7. -

. - rr

Nd b t 391 ' (Transferred Territory) Jenmikar~fi~ 39

Payment Abolitiue

cation under sub-section

11 follow such procedure

Where it is alleged that the 'interest of the jenmi

to receive payment of the compensation has
r person or persons, whether by
ation of law, the prescribed autho-
ther there has been ,any devolu-
he interest, and if so, on whom it has devolved,
amount .of compensation shall be paid to the
ns on whom such interest has devolved,

may, in its discretion,

ing two months for the

e deemed to be a Court sub- Revision by

t for the purgoges of section High Court*
Pr xedure, 190$~(~ef;tral Act
e liable to rkvision by the
ovisions of that section.

-. -.
(TransferredTerr !tory) Jenmjkaram [I964 : ZNc Act - 3 9
Payment Abolition
shall be deposited in the District Court havingijurjgdic-
tion and in cases falling under clause (6) in the h
the person or persohs in whose favour an order for Pay?
merit has been made b y the prescribed authority,: or *tha
Tribunal, or the High Court, as the case may he*

(2) All amounts deposited in the Disfrict

under sub-section (1) shall be dealt with by the Distri
Court in accordance with such rates as may be ma
by the Government in this behalf.
, t

j .

(3) 3) wry making-a: claim to,

against, any amount held in deposit under.su
shall apply to tlie.:District Court in the pre
setting forth his claim.
- 3 .
I .
. .
(4) The ~ i s t r i c tCourt shall, ' after
all persons who have applied under sub-se
any others. whoms it considers to be inte
inquiry into the validity of the claims recei
subject to the provisions of sub-section
the persons who are.entitled to the am
posit and the amount to which each o f t

1 . '

. , (5) Every order for payment made by the prescribed*

authority, the Tribunal or the High Court in favour of'
any person shall be binding on the District cobrt.

pEgong.aod . 20. Where any payment made to any person is subse:

m s ~ a y W ! quently
t~ found to be not d l ~ eto him or to be in excess
4 . b :foeow of the aaounts due to him, the a.pnount which.is *found
temee* '
to be not d ~ or e which is jn excess, as t h e - c ~hay
e be,-
with interest thereon at thiee per cent per annum, or any
portion thereof which cannot be otherwise adjusted by
deduction from any amount due to such person shall be
meoverable as if it were an arrear of land revenue. - r z :

'=.$.?=Amp+*., . .,

on made under this Disbursement * 1

bed authdtity in :accoi~ComPcnsation.
with its orders and decisions subject to the modi-
made on appeal or on revision under
,.,, ,Ld.


iyan the contribu-

(2) Any kudiyan or other person interested, m y

in such time as may be prescribed or such further
nt Officer may, in his discretion allow,
that officer for a copy c f the data on
e proposes to determine the amount
ributiofi !payable under section 23.

e opportunity of -
ereto, in writing or
A copy of every order passed under sub-section (1)
'communicated to the kudiyan and also to every
znnl ifcuram Yayfiic'?ltAbolil ion

mcord, or
(2) that the said order requires to be
Fursuance of the final order of any competent
court :
Provided that the Settlement Officer

of being heard.

as the Directcr may, in his discretion, allow,

Director ;and the Director shall, after giving
a reasonable opportunity of being heard, pass su
on the agpeal as he thinks fit.

ry; - .= --

unt of contribution payable

ltered by the Board witho~lt
ho has made an application
b-section (2), a reasonable

irector or the Settlement

that behalf, review any
n (7), if it: is of the
ted by an error in the
a mistake and may

t, to enable ?hem to
e order, a review of

ement Officer under

11 be liable to be
ector or the *Board
sed by the D i ~ t o t :
o be cancelled or
d except by the "Board of Revenue as aforesaid;
otder passed by the *Board of Revenue under sub-
on (7) or sub-section (8) shall be liable to be cancelled
odjfied by the Government or any.other authority.
Recovery of
payabla under!
the Act.

Provided that a kudiyan shall be entitled to pay the

& amount of contribution with a rebate of five per cent
. .

ion 10 (11) of the T d ~ a d u ' ~ o s rofd lievenue

Nadu Act 36 or" 3980) ary re?- to
c shall Be rih#od to bo a ~ f - to the Statc
~ ~ L
nmikaram Pkymeht
_. ,,;
~-H.J A -~- , $ I* * vI o , ~ J
, *.8.!
fon, 7'? $ 4 .
; *.4 e & J. ,:A$&"
5.8 . +

within a perlod of two.years from the date an . wl~ibh$,he

becomes tiable to pay the contribution : .. , ...
. I


, . . ' . - 1 L I

I .


..# ~1

Provided further that a kudiyan shall be entitled

pgx, ,at any time, ,qny sug ii p p $ s-of ,the a n n v l .i9talu
,m ~ add t t . ,;;ark sM~JpA~d~ibdt5~iir'8~~p$kse-
t siii$Ii er~&r. 8 ssx.&p+- . $u:,?tri<'r+* t+t

(.+ , . ., I .
.1 .or
hi lr A 2d . . z
ip&meet~:>tir . ..-. , . .. , I .> ,

, .. ' Jr; jJ;-;'

. ,.* ; %"
, .

(2) ?he amount ' bf contribution payable &?the ' A

r r .
Government u~ider-'this"Act
, , 2 , . .. I -
,. irecov&d$as :if- : . g&'wife
r.-.~'.:: j

Obligation of 226. (1) Whenever the title of any person - p


and transferee liable t o "the payment of coqtribution under thi$:Act!is

t o give notice thnsferred, the personI .whcise title is t.ransferred aadP.the
af transfer. person to whom the same is transferred shall, with'in +tk&
months after the execution of the instrument of transfer . ?pl
or after
. - its registration,
-1 - . if it' be registered,
--. or gfter the 4 vb,

trapsfer is etfected, if no instrument .be'effected,lgivettn~ticc

\ r.- r - * I . _

of ouch transfer to the ;diss'i$ant 'Settlement Officer o, I ~<;ijr;

A d

other officer authorizpdmit ' tkii SkLilf by the' ?Gove$i&&t

(hereinafter in this 'tse@iori referreg . to as ' the
. '.ay(l$&&dd
i , I
. + - + 1
. #
f i M c P r \ t r a ' , ..

(2) In the event ofthe death of any person primarily

liable as aforesaid, the person to whom the title of the
*deic&asedshallbe transferred as lieir or otherwise, shall give
hotice-of such transfer 'tbthe Assistant Settlement Officer
the authorized ofIicer within ,one year fromi the death - +*
- A -

of .the deceased. - . . A ,&i

(3) The notice to be given

this section shall be
in such form as may be prescribed and the transferee or the

i~ so requirea, oe oouna T O prgauce betoxe the Assigtant
settlement Officer or the authorised o$cer, any" . -*.
eyidencing such.trimsferor succesqinn:

b .

. .'
: N .A 3 (Tr%nsf;erre$ T ~ i r d r y .) . .
~enrnikaigm.pa$nehr Abbji*r&h

.j ;, ; *.
IJprovisiDtr 311
w a r d to
liabilities,were enf~rceabfe
atel? before the ipp-;nted

I .'

of 9 Tsibunal or the. High Court Res lud fcata.

this] Act on . any rnattc r falling
shall be . binding on the
ns claiming under then, in any
ivil Court, in so fay as such
he partfis e'sr persons aforesaid

40.6 (Trmsj'erred Territory) [I964 : T.N. A$; 39

- i;g Jenmikurum Pay men t Abolition

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

of a District Munsif or a Col~rtof Small Causes) qn:any
matter falling within its jurisdiction shall be binding on
the :as thereto and persons claiming under them in any

I~rodeediilgunder this Act in so far as such wtt0r is .in

issue between the, parties or persons aforesaid in, such
proCeeping. , ,. .. -,,I j::,

. i,.: *..
Limitation. 30.' (1) A copy .of emry decision or order in any pidcee-
ding against vrhich en appeal or revision is provided for
under this Act s b l l be communicated in such manner
as may be prescribed.
(2) For the purpose of computing the period of limita-
2 .

!p:..,:... .
tion in respect of any appeal or application for r~vision
.". k' .....:;.
*, *' %. ,'*
a 'against any decision or order, the date 0f commun-isation
: .*ofa copy of the decision or cbrder to the appellant lox
...._.,.. r I
. . to be the date of thedeciii~n.or
'applicant shall be deemed ..
- .- 7
order. . . , s : 4 * . $,>.'.

df section 4 and sub&ctio'n 11)


' ' (3) The provisions '

and sub-section (2) of section 12 of the Limitation gck,

1963 (Central Act 36 of 1963) shall, so far as may b,
*apply.to any appeal or application for revision under..this

qAq:t.-., , $i. -'


,, ..-f
, C. 1 J
' . ' .JJ 4 i -I&$&

from the .expiry,af,such prescribed period ~ohputed

rdanaiwlth t h i ppvjsions of su.bsecti~ns
. ..,5
.c 2

. , .~:.- - :. : *. *~.+'?,

" .r"y 'i t: -; . *, r h :;3":: -

1) Any eider passed by any offickr,. the *Board of
nue or other authority or any decisiqn of the Tribunal
0 'High.Court under this Act in*respect or %btars

determined f o r - the purposes' of this Aof shall,

subject to any appeal or revision provided - under

this Act, be final. $ . .

i . . (2) No such order or decision shall be liable to ba!lbues-
in any court of law. . .<;in
. . # a

* By virtue of section 10 (1) of i he Tamil Nadu ~ o & dof

Revenue Abolition Aci, 1980 (Tamil Nadu Act 36 of 1 9 ~ g )any
erence to the State Government.
- - - -. -a -
reference to the Board of Revenue shall be deemed to be a' ref- ' a .


- --

(rransfPrredo err it or^) .a(? :

Jenmz karanr Payment Abolition I

(2) ln yarticular and without prejudice to the *$eimral

of the foregoing power, such rules nnay provide .for--
- .
(a) all mattcrt - expressly reqyired or allowed b$
this Act to be prescribed;

. f ~the ) , p ~ o ~ a % ttoe
authorkits ~ n dofi&s appoi
under this Act ;

(c) the delegation of powers coderred by t h i ~Act o a

the Government or any other authority, officer or *prsbn ;:.

( d ) the time within which appeals a

for revision may be p:esented under this.
which no specific provision in that behalf has bean mad
t herci n ;

the C Q ~,if
( k ) the application of tho grovisi.&ni6f- *
Civil Procedure, 1908 (Qntral Act V 6f 1908), to ap$li;oq-
tions, appeals and proceditias Gnder this Act ;

4.ff)tha;fwfcesto be paid in

appec1q under this Act ;

. . C <
, ,.
r ," r

Q) the transfer of proceedings fro

authority or office- to another.

(3) A rule mado under clausg (c)wf's

provide for restrictions and condition
t ha power delegated may-beexercised
and revision by ihq delegating authority, either su
or bh abplication; of the ardbrbof the authority of
to w ho, the power is del&tsd,

a --- - + -."

i961 : T.N. Act 391 (Tmnrferred Territory) ,

Jenmikar am Payme vzt Abolition

I * .(a
;(4).All rulas made under this Act shall be published
- k the Foa St. George Gnzette and, unless they are expre-
>ssedto come into for* on aqarticular day, shall come
into.forcc on the day on whAh they are so publish~d.

ificatiofi'or both
n should not be
shall thereafter
sucl~modifid form or be of no effect,
, s 6 hojw~er,that any such , I nodifica-
KaH:bewithout prejudice to the'validity
anything previously done under that nib or notification.

Power to
nment may, as occasion may remove difgcul-
anything w l ~ i ~appea.rs
il to them to be tit$.
irpose of removing tiha difficulty.
sueti under sub-section (1) shall, as
ssued, be placad on the table
ilture and if, btafre the expiry
so placed or the next session,
alting any modification in any such
gree that the order should not be
hereafter have effect only in such
no effect, as the case may be, so
modification or annulment shall
he validity of anything previously
, . . . .. .-- *. . .,.

''410 (Transferued Tertitbry) [I964 : T.N. Act-39

JenrniAdrdrn Payment Abolition

36. The provisions of this Act shall have effect not-

tt withstanding anything inconsistent therewith contained
~ U orher
U laws, in*anyother law, custom, usage or contract.
. , , I-


aepctal of 37. (1) With eEect on and from the appointed day, . .. the
T ~ v a n ~ r e Travancore Jenmi and Kudiyan Act -of 1071 (Travaqcore
ActVof1071* sA F + TV 7 Lnr Lf A1 /w\ 7l 11)\ 0h0l1 n+rrr*A -a*aAibrl
~ W L b l L C l l l DLLLlkU l G p L 1 . l W U * C ... ' -3
. .... . , .a

- (2) Notwithstanding the repeal of the Travancore .

Jenmi and Kudiyan Act of 1.071 Vravancore.Act V o f
1071) by .sub-section (I), the right of ownership-of tho
kudiyan in the land in respect of which he wits liable $0
. pay jenmikaram immediately before the appointed .day
shall not be deemed to be .affected, and far.the -oval
. ofdoubi
, to:.be
ts it is hereby declared that he shall coati.11~
tae owner of such land. . I

. . t '. 1, A

XepeaI of -38. With effect on and -from the appointed day,

sections 2 (4 section. 2 (e) and section 12af the 'Famil Nadu] @rang-
and l2 the ferred Territory) Ryotwari Settlemant Act, : 1964, * h l I
-- - . _. crtanrl r a n a a l SA

l These words were substituted for the word Madras " by

the Tamil Nadu Adaptaiion of Laws Order, 1969, as amended by
the Tamil Nadu Adaplation of Laws (Secood Arnendnlerrt) Order,