MADRAS INAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1963

Act No. 26 of 1963

11th December, 1963

An Act to provide for the acquisition of the rights of landholders in inam estates in the State of Madras and the introduction of the ryotwari settlement in such estates. Be it enacted by the Legislature of the State of Madras in the Fourteenth Year of the Republic of India as follows:--

Read full Act

S.1 Short title, extent, application and commencement

(1) This Act may be called the Madras Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963.

(2) It extends to the whole of the State of Madras, except--

• (i) the Shencottah taluk of the Tirunelveli district;
• (ii) the Kanyakumari district; and
• (iii) the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959).

(3) It applies to all inam estates.

(4) This section and sections 2, 4, 5, 7, 8, 56(3), 59, 64, 73, 75 and 76 shall come into force at once; and the rest of this Act shall come into force in regard to an existing inam estate or a part village inam estate or a Pudukkottai inam estate, on such date as the Government may, by notification, appoint:

Provided that where the operation of any such notification has been stayed or interrupted by order of court or Tribunal or other authority constituted under any law for the time b

S.2 Definitions

In this Act, unless the context otherwise requires,--

• (1) "agriculture" with its grammatical variations and cognate expressions shall include horticulture;
• (2) "Director" means the Director of Settlements appointed under section 4;
• (3) "Estates Land Act" means the Madras Estates Land Act, 1908 (Madras Act I of 1908);
• (4) "existing inam estate" means an inam village which became an estate by virtue of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936);
• (5) "Government" means the State Government;
• (6) "impartible inam estate" means an inam estate governed immediately before the notified date, by the Madras Impartible Estates Act, 1904 (Madras Act II of 1904);
• (7) "inam estate" means an existing inam estate or a new inam estate;
• (8) "landholder"--
  • (i) in relation to an existing inam estate shall have the same meaning as in clause (5) of section 3 of the Estates
    

S.3 Consequences of notification of inam estate

With effect on and from the notified date and save as otherwise expressly provided in this Act--

• (a) the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) in so far as it relates to matters other than reduction of rents and the collection of arrears of rent, the Madras Estates Land, Act, 1908 (Madras Act I of 1908), the Pudukkottai (Settlement of Inams) Act, 1955 (Madras Act XXIII of 1955) an all other enactments applicable to the inam estate as such shall be deemed to have been repealed in their application to the inam estate;
• (b) the entire inam estate (including all communal lands and porambokes, other non-ryoti lands, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries), shall stand transferred to the Government and vest in them, free of all encumbrances, and the Madras Revenue Recovery Act, 1864 (Madras Act II of 1864), the Madras Irrigation Cess
  

S.4 Appointment and functions of the Director of Settlements

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

S.5 Appointment and functions of the Settlement Officer

(1) As soon as may be after the publication of this Act in the Fort St. George Gazette, the Government shall appoint one or more Settlement Officers to carry out the functions and duties assigned to them by or under this Act.

(2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue, from time to time, and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal

S.6 Managers of inam estates

(1) With effect on and from the notified date, the Government shall appoint one or more persons to manage the inam estate.

(2) Every manager shall be subordinate to the District Collector and shall be guided by such lawful instructions as he may issue, from time to time; and the District Collector shall also have power to cancel or revise any of the orders, acts or proceedings of the manager.

S.7 Powers of control of the Board of Revenue

The Board of Revenue shall have power--

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

S.8 Constitution of Tribunals for certain purposes

(1) The Government shall constitute as many Tribunals as may be necessary for the purposes of this Act.

(2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge.

(3) Each Tribunal shall have such jurisdiction, and over such inam estates or parts thereof, as the Government may, by notification, from time to time, determine.

(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) when trying a suit or when hearing an appeal.

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

(1) In the case of an existing inam estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of--

• (a) all lands which immediately before the notified date--
  • (i) belonged to him as private land within the meaning of sub-clause (b) of clause (10) of section 3 of the Estates Land Act, or
  • (ii) stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act:

  Provided that the private land referred to in sub-clauses (i) and (ii)--

  • (1) has not been subsequently converted into ryoti land or has not been finally held to be ryoti land under section 3-A of the Madras Estates Land (Reduction of Rent Act, 1947 (Madras Act XXX of 1947); and
  • (2) is proved to have been cultivated by the land holder himself; by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry
    

S.10 Lands in respect of which a ryot is entitled to ryotwari patta

(1) In the case of an existing inam estate every ryot shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of--

• (i) all his lands which were finally held to be ryoti lands under section 3-A of the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947); and
• (ii) all ryoti lands which immediately before the notified date, were properly included or ought to have been properly included in his holding and which are not lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act:

Provided that no person who has been admitted into possession of any land by a landholder on or after the 1st day of July 1950 shall, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land.

(2) (a) In the case of a new inam estate every ryot shall, w

S.11 Grant of ryotwari patta on the basis of personal cultivation in certain cases

(1) Where no person is entitled to a ryotwari patta in respect of a land in an inam estate, under section 9 or 10 and the land vests in the Government, the persons specified below shall be entitled to a ryotwari patta in respect of that land in the following order of preference:--

• (i) firstly, a person who had been personally cultivating such land for a continuous period of twelve years immediately before the 1st day of April 1960;
• (ii) secondly, if there is no such person as is referred to in clause (i), then, a person who had been lawfully admitted into possession of such land on or after the 27th day of September 1955 and who had been personally cultivating such land ever since; and
• (iii) thirdly, if there is no such person as is referred to in clauses (i) and (ii), then, a person who had been personally cultivating that land on the 25th day of September 1955 and for a period of twelve years immediately before that date:

Provided that

S.12 Determination of lands in which any person is entitled to ryotwari patta

(1) The Settlement Officer shall examine the claims of any person for a ryotwari patta under section 9 or section 10 or section 11, as the case may be, and decide in respect of which lands the claim should be allowed.

(2) Against a decision of the Settlement Officer under sub-section (1), the Government may, within one year from the date of the decision, and any person aggrieved by such decision may, within three months from the said date, appeal to the Tribunal:

Provided that the Tribunal may, in its discretion, allow further time not exceeding six months for the filing of any such appeal:

Provided further that the Tribunal may, in its discretion, entertain an appeal by the Government at any time if it appears to the Tribunal that the decision of the Settlement Officer was vitiated by fraud or by mistake of fact.

S.13 Liability to pay assessment, etc., to Government

(1) (a) Every person who becomes entitled to a ryotwari patta under this Act (other than under section 11) in respect of any land shall, for each fasli year commencing with the fasli year in which the inam estate is notified, be liable to pay to the Government such assessment, as may be lawfully imposed on the land.

(b) Every person who becomes entitled to a ryotwari patta under section 11 in respect of any land shall, for each year commencing with the fasli year in which such patta is granted, be liable to pay to the Government such assessment, as may be lawfully imposed on the land.

(2) If a ryot was liable immediately before the notified date to make any payment to the landholder otherwise than by way of rent, whether periodically or not, in respect of any land to which he is entitled to a ryotwari patta, he shall continue to make such payments as accrue on or after that date to the Government.

S.14 Ryotwari patta in service-tenure lands

(1) Where any land (not consisting of an entire village or not being a part village inam estate) granted on service-tenure, whether to an individual or institution falls under sub-clause (c) of clause (16) of section 3 of the Estates Land Act or under item (c) of sub-clause (ii) of clause (17) of section 2 of this Act, then,--

• (a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution, the land shall be discharged from the condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date;
• (b) in all other cases, the holder of such land shall have the same rights in the land, and be subject to the same liabilities as the inamdar of a minor-service inam in a ryotwari village has in respect of his land:

Provided that no ryotwari patta shall be granted in respect of any land w

S.15 Vesting of buildings situated in inam estates

(1) Every building situated within the limits of an inam estate, which immediately before the notified date, belonged to any landholder thereof and was then being used by him as an office in connection with its administration and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the notified date.

(2) Every building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution shall also vest in the Government, free of all encumbrances, with effect on and from the notified date:

Provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, to his heirs or legal representatives.

(3) Where any building so situated--

• (a) which belonged to any such landholder on the 1st day of July 1960; a
  

S.16 Rights of persons admitted into possession of ryoti land for non-agricultural purpose

PROTECTION OF CERTAIN RIGHTS AND ENFORCEABILITY OF CERTAIN OBLIGATIONS

Where any person has been admitted into possession of any ryoti land by any landholder for a non-agricultural purpose, that person shall be entitled to remain in possession of the land subject however to the payment by him to the Government of the ryotwari or other assessment or the ground-rent which may be imposed upon the land for each fasli year commencing with the fasli year in which the inam estate is notified:

Provided that such transaction was not void or illegal under any law in force at the time:

Provided further that a person who has been admitted into possession of any ryoti land (i) on or after the 1st day of July 1950 in the case of an existing inam estate, and (ii) on or after the 1st day of April 1960, in the case of a new inam estate, shall be entitled to no rights in respect of such land except where the Government otherwise direct.

S.17 Persons admitted into possession of non-ryoti land, how dealt with

(1) Except where the Government otherwise direct, no person admitted by a landholder into possession of any communal land or forest or other land which is not a ryoti land, shall be entitled to any rights in, or to remain in possession of, such land:

Provided that nothing contained herein shall apply to lands for which the landholder is entitled to a ryotwari patta under section 9.

(2) A direction under sub-section (1) allowing any person to remain in possession of any such land may specify--

• (i) the assessment or ground-rent payable to the Government on the land for each fasli year commencing with the fasli year in which the inam estate is notified, and
• (ii) such special terms and conditions, including the period for which such person may remain in possession of the land as the Government may consider necessary in the public interest.

Explanation.-- In this section, "communal land" means any land of the description menti

S.18 Rights of certain lessees and others

(1) In cases not governed by any other provision of this Act, where on or after (i) the 1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate, but before the notified date, a landholder has created, by way of lease or otherwise, rights in any mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid; and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government:

Provided that the transaction was not void or illegal under any law in force at the time and that any such right was created for a period not exceeding one year.

(2) (a) Where any such right was created before (i) the 1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate, for a period exceeding one year, the Government may, if in their opinion, it

S.19 Survey of inam estates

(1) Any inam estate or part thereof may be surveyed, or if it has been surveyed before the notified date, may be re-surveyed, as if it were Government land, in accordance with the provisions for the survey of such land contained in the Madras Survey and Boundaries Act, 1923 (Madras Act VIII of 1923):

Provided that any re-survey made under this subsection may be limited to what is necessary for the introduction of the ryotwari settlement in the inam estate or part thereof.

(2) The cost of the survey or re-survey, except so much thereof as is payable by any person under the provisions of section 8 of the Madras Survey and Boundaries Act, 1923 (Madras Act VIII of 1923), shall be borne by the Government.

S.20 Manner of effecting ryotwari settlement of inam estate

(1) The Settlement Officer shall effect a ryotwari settlement of the inam estate or part thereof, in accordance with a settlement notification framed and published by the Government for the purpose.

(2) (i) In the case of the City of Madras the said notification shall embody the principles adopted in making ryotwari settlement in the adjoining district and shall adopt such rates of assessment as may be specified by the Government having regard to the rates under the Madras City Land-Revenue Act, 1851 (Central Act XII of 1851) and the settlement notification in force in the adjoining district: and

(ii) in the case of other areas in the State the said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas and shall adopt--

• (a) the rates of assessment set out in the re-settlement notification in force on the date of the publication of this Act in the Fort St. George Gazette, in the district in which the inam estate
  

S.21 Determination of land revenue before ryotwari settlement is brought into force

The land revenue payable to the Government for each fasli year commencing with the fasli year in which the inam estate is notified shall, until a ryotwari settlement effected in pursuance of section 20 has been brought into force in the inam estate, be calculated as follows:--

• (a) In respect of any land in an existing inam estate held for the purpose of agriculture, not being private land, the land revenue shall be--
  • (i) where the rent payable to the landholder immediately before the notified date has been determined under the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947), the rent so determined or
  • (ii) where the rent has not been so determined, the rent which would have been payable to the landholder in respect of the fasli year in which the inam estate is notified, or.
  • (iii) where no rent was payable, the rent which would have been payable to the landholder immediately before the notified date, by a
    

S.22 Compensation how determined

The compensation payable in respect of an inam estate shall be determined in accordance with the following provisions.

S.23 Compensation to be determined for inam estate as a whole

The compensation shall be determined for the inam estate as a whole, and not separately for each of the interests therein.

S.24 Basic annual sum

BASIC ANNUAL SUM FOR INAM ESTATES

A sum called the basic annual sum shall first be determined in respect of the inam estate.

S.25 Component parts of basic annual sum in inam estates

The basic annual sum shall be the aggregate of the sums specified below, less the deductions specified in section 28:--

• (i) the whole of the gross annual ryotwari demand in respect of all lands in the inam estate in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under section 26, less the deduction specified therein;
• (ii) the whole of the average net annual miscellaneous revenue derived from all other sources in the inam estate specified in clause (b) of section 3, but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under section 27.

S.26 Computation of ryotwari demand and deduction therefrom

(1) The gross annual ryotwari demand in respect of the lands referred to in clause (i) of section 25, shall be the total of the ryotwari assessments imposed in pursuance of a settlement effected under section 20 on the lands occupied by any person other than the landholder on the notified date.

(2) From the gross annual ryotwari demand as computed above, there shall be deducted 3-1/3 per cent of such demand on account of the maintenance of irrigation works serving the inam estate:

Provided that no such deduction shall be made, if there is no irrigation work serving the inam estate, or if the landholder is under no legal obligation to maintain any such work serving the inam estate:

Provided further that where the obligation of the landholder to maintain every one of the irrigation works serving the inam estate is shared by him either with the Government or with the landholder of some other inam estate, the percentage of such deduction shall be reduced by s

S.27 Computation of net miscellaneous revenue

The average net annual miscellaneous revenue from the sources referred to in clause (ii) of section 25, shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was the 1st day of July, or on the 1st day of July immediately succeeding the notified date, if such date was not the 1st day of July and the next fasli year in case ryotwari settlement is effected in that year or the next two fasli years in other cases.

S.28 Assessment and jodi, etc., to be deducted

From the aggregate of the sums referred to in clauses (i) and (ii) of section 25, ascertained as aforesaid, there shall be deducted--

• (a) the whole of the assessment levied on any land in an inam estate under the Madras inams (Assessment) Act, 1956 (Madras Act XL of 1956) in respect of which land the landholder is entitled to a ryotwari patta under section 9;
• (b) the whole of the jodi, quit-rent or other amount, if any, of a like nature, payable annually by the landholder to the Government; and
• (c) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder immediately before the notified date, to a landholder of some other inam estate, including the value, as ascertained in the prescribed manner of whatever was deliverable in kind annually:

Provided that the amount deducted under clauses (a), (b) and (c) shall in no case exceed one-half of the net amount computed in acc

S.29 A person deemed to be landholder in certain cases

(1) For the purpose of sections 25, 26 and 28, any person who had, immediately before the notified date, any right or interest in any land in an inam estate as a landholder, shall be deemed to be a landholder of such inam estate.

(2) The ryotwari assessment imposed on, and the miscellaneous revenue derived from all lands in an inam estate in respect of which, any landholder mentioned in sub-section (1) is entitled to ryotwari patta under any provision of this Act, shall be excluded in determining the basic annual sum.

S.30 Special provision in respect of lands falling under section 11

Notwithstanding anything contained in sections 25 to 29,--

• (i) the ryotwari assessment imposed on all lands in an inam estate in respect of which any person including a landholder is entitled to a ryotwari patta under section 11 shall be excluded in determining the basic annual sum;
• (ii) the miscellaneous revenue derived from all lands in an inam estate in respect of which any person (other than a landholder) is entitled to a ryotwari patta under section 11 shall be included in determining the basic annual sum.

S.31 Scale of compensation except in the case governed by section 32

Scale of compensation

The total compensation payable in respect of any inam estate shall, except in the case governed by section 32, be determined in accordance with the following scale:--

• (i) where the basic annual sum does not exceed Rs. 1,000 --30 times such sum.
• (ii) where the basic annual sum exceeds Rs. 1,000 but does not exceed Rs. 3,000--25 times such sum or Es. 30,000 whichever is greater.
• (iii) where the basic annual sum exceeds Rs. 3,000 but does not exceed Rs. 20,000--20 times such sum or Rs. 75,000 whichever is greater.
• (iv) where the basic annual sum exceeds Rs. 20,000 but does not exceed Rs. 50,000--171/2 times such sum or Rs. 4,00,000 whichever is greater.
• (v) where the basic annual sum exceeds Rs. 50,000 but does not exceed Rs. 1,00,000--15 times such sum or Rs. 8,75,000 whichever is greater.
• (vi) where the basic annual sum exceeds Rs. 1,00,000--121/2 times such sum or Rs. 15,00,000 whichever is great
  

S.32 Payment of tasdik allowance and additional compensation to institutions

Payments to religious, educational and charitable institutions

(1) Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, the Government shall pay to the institution every year as a tasdik allowance--

• (a) in the case of an entire inam estate, the basic annual sum;
• (b) in the case of a part of an inam estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.

(2) Where the tasdik allowance so payable is less than the difference between--

• (a) the average net annual income derived by the institution from all sources in the inam estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceding the fasli year 1957 or during that portion of those fasli years in which the inam estate or part was held by the institution, and
• (b) the i
  

S.33 Inam estate or part thereof held by service-holder how dealt with

(1) Where an inam estate or part thereof was held immediately before the notified date by an individual (hereinafter in this section referred to as the service-holder) on condition of rendering service to a religious institution, the individual shall, subject to the provisions of sub-section (8), be bound to render such service after the notified date.

(2) The compensation and interim payment payable under this Act in respect of part of an inam estate referred to in sub-section (1) shall be such portion of the compensation or interim payment, as the case may be, payable for the inam estate as may, on a calculation in the prescribed manner, be ascribed to that part.

(3) The Government shall deposit in the office of the Tribunal the compensation and interim payments payable under this Act in respect of the said estate or part thereof:

Provided that the Government shall be entitled to deduct from the amount to be deposited all moneys, if any, due to them in

S.34 Determination of basic annual sum and total compensation

Determination of basic annual sum and total compensation

(1) The Director shall determine in accordance with the foregoing provisions--

• (a) the basic annual sum in respect of an inam estate; and
• (b) except in the case governed by section 32, also the total compensation payable in respect of such estate.

(2) Any landholder or other person interested may within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum.

(3) On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally.

(4) A copy of every order passed under sub-section (1) shall be commu

S.35 Compensation, etc., to be paid in prescribed manner

Manner of payment

The compensation payable to any person under this Act and the sums payable to any religious, educational or charitable institution under sub-sections (1) and (2) of section 32, may be paid in such form and manner, and at such time or times, and in one or more instalments, as may be prescribed.

S.36 Compensation to be deposited in office of Tribunal

Deposit and apportionment of compensation

(1) The Government shall deposit in the office of the Tribunal, the compensation in respect of each inam estate as finally determined under section 34, in such form and manner, and at such time or times and in one or more instalments, as may be prescribed:

Provided that the Government shall be entitled to deduct from the amount to be deposited--

• (a) all moneys, if any, still remaining due to them--
  • (i) in respect of quit-rent, jodi or other dues of a like nature, or
  • (ii) in respect of any claim which was secured immediately before the notified date by a mortgage of, or a charge on, the inam estate or any portion thereof;
• (b) the whole or any portion of the rents and excess collections referred to in the proviso to sub-section (3) of section 45 which cannot be adjusted by deduction under the said sub-section; and
• (c) all interim payments deposited
  

S.37 Claims to be made within six months

(1) Every person who makes a claim to, or enforceable against, the compensation deposited under any of the provisions of this Act or any portion thereof, including the principal or any other landholder, members of his family claiming any portion of such compensation, whether by way of a share or by way of maintenance or otherwise, and creditors, whether their debts are secured or not, shall apply to the Tribunal within six months from the date on which the amount was deposited or within such further time not exceeding three months as the Tribunal may, in its discretion, allow.

(2) Every claim to, or enforceable against, the compensation or any portion thereof which is not made to the Tribunal within the time aforesaid shall,--

• (i) in so far as it relates to the amount paid by the Tribunal under section 48; or
• (ii) subject to the provisions of section 51, in so far as it relates to the amount in respect of which an order for payment has been made by the
  

S.38 Duty of Tribunal

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

S.39 Compensation to be apportioned by Tribunal

(1) As a preliminary to such determination, the Tribunal shall apportion the compensation among the principal landholder and any other persons whose rights or interests in the inam estate stand transferred to the Government under clause (b) of section 3, or cease and determine under clause (c) of section 3, including persons who are entitled to be maintained from the inam estate and its income, as far as possible, in accordance with the value of their respective interests in the inam estate.

(2) The value of those interests shall be ascertained--

• (a) in the case of the impartible inam estates referred to in section 40, in accordance with the provisions contained in that section and in such rules, not inconsistent with that section, as may be made by the Government in this behalf; and
• (b) in the case of other inam estates, in accordance with such rules as may be made by the Government in this behalf.

S.40 Apportionment in the case of certain impartible inam estates

(1) In the case of an impartible inam estate which had to be regarded as the property of a joint Hindu family for the purpose of ascertaining the succession thereto immediately before the notified date, the following provisions shall apply.

(2) The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group:--

• (a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandsons and great-grandsons adopted before such date (who are hereinafter called "sharers"); and
• (b) other persons who, immediately before the notified date, were entitled to maintenance out of the estate and its income either under section 9 or 12 of the Madras Impartible Estates Act, 1904 (Madras Act II of 1904), or under any decree or order of a Court, award, or other instrument in writing, or contract or family arrangement, w
  

S.41 Claims of creditors

After the compensation has been apportioned among the persons referred to in subsection (1) of section 39, or where it is more convenient so to do pending such apportionment, the Tribunal shall take into consideration the applications of the creditors other than those dealt with in sub-section (3) of section 40, and decide the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the compensation such amount should be paid.

S.42 Grant of ryotwari patta to maintenance-holders in certain impartible inam estates

(1) Every maintenance-holder entitled to a portion of the compensation under section 40 shall also be entitled to the grant of a ryotwari patta in respect of a portion of the lands referred to in section 9.

(2) The Tribunal shall determine the total extent of the lands in respect of which ryotwari pattas may be granted to the maintenance-holders and divide the same among them and in doing so, the Tribunal shall, unless for reasons recorded in writing it considers that it is inappropriate to do so, have regard (o the considerations set forth in sub-section (5) of section 40 and the manner in which the compensation payable to the maintenance-holders has been or may be apportioned among them under that sub-section:

Provided that the total extent of the lands granted to all such maintenance-holders shall not exceed one-fifth of the extent of the lands in respect of which ryotwari patta may be granted under section 9:

Provided further that where it is found to

S.43 Certain estates to be treated as impartible inam estates for purposes of compensation

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

S.44 Devolution of interest in compensation

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

S.45 Interim payments to principal landholder and others

(1) The provisions of this section shall apply in every case not governed by section 32.

(2) After the notified date and until the compensation is finally determined and deposited in pursuance of this Act, interim payments shall be made by the Government every fasli year prior to the fasli year in which the said deposit is made, to the principal landholder and to the other persons referred to in sub-section (1) of section 39 as follows:--

(3) In respect of the fasli year in which the inam estate is notified they shall together be entitled to such amount as the Government may, on a rough calculation, determine to be the basic annual sum referred to in section 24:

Provided that the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year aforesaid land in the case of and existing inam estate, also any amount collected by him from the ryots in excess of the rent determined under the Madras Estates Land (

S.46 Appeals

(1) Against any decision of the Tribunal under sub-section (2) of section 12, and sections 38 to 45, the Government may within six months from the date of the decision and any person aggrieved by such decision may within three months from the date of such decision appeal to a Special Appellate Tribunal consisting of two Judges of the High Court nominated from time to time by the Chief Justice in that behalf:

Provided that the Special Appellate Tribunal may, in its discretion, allow further time not exceeding three months for the filing of such appeal.

(2) The members of the Special Appellate Tribunal shall hear the appeal on all points, whether of law or of fact. Where on any such point or points the members are divided in their opinion, they shall state the point or points on which they are so divided and such point or points, together with their opinions thereon, shall then be laid before one or more Judges nominated for the purpose by the Chief Justice a

S.47 Restrictions on the jurisdiction of the Tribunal and Special Appellate Tribunal in certain cases

(1) In cases of apportionment of the compensation among the persons referred to in section 39 and of the apportionment of the interim payments among the persons referred to in section 45, the jurisdiction of the Tribunal and the Special Appellate Tribunal shall be limited to the apportionment as such and neither the Tribunal nor the Special Appellate Tribunal shall have jurisdiction to go into the question of the correctness of the determination or the adequacy of the compensation or of the interim payments, as the case may be.

(2) In cases falling under section 42, the jurisdiction of the Tribunal, and in cases of appeal from the order under section 42, the jurisdiction of the Special Appellate Tribunal, shall be limited to the division of the lands in respect of which ryotwari patta may be granted under section 9 and neither the Tribunal nor the Special Appellate Tribunal shall have jurisdiction to go into the question of the correctness of the order under section 12.

S.48 Disbursement of compensation

All payments made out of the compensation deposited in the office of the Tribunal under section 36 shall be made by it in accordance with its orders and decisions subject to the modifications, if any, made on appeal under section 46.

S.49 Interim payments to institutions

(1) In cases governed by section 32, after the notified date and before the sums payable to the religious, educational or charitable institutions concerned under sub-sections (1) and (2) of that section have been finally determined, the Government shall pay to the institution--

• (a) in respect of the fasli year in which the inam estate is notified, such sums as they may, on a rough calculation, determine to be payable to the institution under sub-sections (1) and (2) of section 32:

  Provided that the rents, if any, collected before the notified date by the institution from the ryots in respect of the fasli year aforesaid and in the case of an existing inam estate also any amount collected by it from the ryots in excess of the rent determined under the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947), and outstanding to the credit of the ryots on the first day of that fasli year shall be deducted;

• (b) in respect of ea
  

S.50 Limitation for claims by persons entitled to payment

Every person in whose favour an order for payment has been made by the Tribunal shall make an application for payment within three months from the date of such order:

Provided that the Tribunal may, within such further time not exceeding six months as it may in its discretion allow, admit a claim preferred after the period of three months aforesaid if it is satisfied that the claimant had sufficient cause for not preferring the claim within that period:

Provided further that, where an appeal has been filed before the Special Appellate Tribunal against the said order for payment, the aforesaid period of three months shall be reckoned from the date of the decision of the Special Appellate Tribunal on the appeal.

S.51 Unclaimed and undisbursed amounts how dealt with

(1) (a) All amounts deposited in the office of the Tribunal under sub-section (1) of section 36, sub-sections (5) and (7) of section 45, or sub-section (2) of section 57 and remaining unpaid and with reference to which no claim has been made within the time specified in sub-section (1) of section 37 or in sub-section (4) of section 57, as the case may be, or no application for payment has been made within the time specified in section 50; and

(b) all amounts deposited as aforesaid and remaining unpaid after the expiry of a period of six months from the date of the disposal of the application under section 50; shall be withdrawn by the Tribunal and deposited in the District Court having jurisdiction over the inam estate concerned in the name of the inam estate or, as the case may be, in the name of the person or persons in whose favour an order for payment has been made by the Tribunal or the Special Appellate Tribunal.

(2) All amounts deposited by the Tribunal in the

S.52 Amounts which may be deducted under section 36 recoverable as arrear of land revenue

Any sum representing the whole or any portion of the rents and excess collections referred to in clause (b) of the first proviso to sub-section (1) of section 36 which cannot be adjusted by deduction under the said clause shall be recoverable as if it were an arrear of land revenue.

S.53 Wrong and excess payment to be recoverable as arrear of land revenue

Where any payment made to any person is subsequently found to be not due to him or to be in excess of the amounts due to him, the amount which is found to be not due or which is in excess, as the case may be, with interest thereon at three per cent per annum or any portion thereof, which cannot be otherwise adjusted by deduction from any amounts due to such person, shall be recoverable as if it were an arrear of land revenue.

S.54 Recovery of amount paid on cancellation of notifications issued under section 1(4)

If any amount has been paid to any person under this Act in pursuance of a notification issued under sub-section (4) of section 1 and if such notification is subsequently quashed by order of Court, or cancelled by the Government, the amount so paid, with interest thereon at three per cent per annum, shall be recoverable as if it were an arrear of land revenue.

S.55 Recovery of excess collections made by a darmila inamdar

(1) If, in an inam estate notified under this Act, a darmila inamdar has collected any amount by way of rent or miscellaneous revenue in respect of the portion of the inam estate comprising his darmila inam for the fasli year in which the inam estate is notified and for any subsequent fasli years, then, such amount, together with interest thereon at three per cent per annum, shall be recoverable as if it were an arrear of land revenue.

(2) If, in respect of the said fasli years, any person is liable to pay land revenue or miscellaneous revenue under this Act to the Government, the amounts paid by him to the darmila inamdar shall be adjusted towards such liability.

Explanation.-- Any amount collected by the Government on behalf of the darmila inamdar in respect of the portion of the inam estate comprising his darmila inam by way of rent or miscellaneous revenue and paid to him shall be deemed to be an amount collected by him.

S.56 Collection of arrears of rent which accrued before the notified date

(1) In the case of an existing inam estate, after the notified date, the landholder shall not be entitled to collect any rent which accrued due to him from any ryot before, and is outstanding on, that date; but the manager appointed under section 6 shall be entitled to collect all such rent and any interest payable thereon together with any costs which may have been decreed, as if they were arrears of land revenue; and there shall be paid to the landholder all amounts so collected after deducting (a) ten per cent thereof on account of collection charges, (b) the arrears of quit-rent, jodi or other amount, if any, of a like nature due from the landholder to the Government, and (c) the rent, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the team estate is notified under this Act and any amount collected by the landholder from the ryots in excess of the rent determined under the Madras Estates Land (Reduction of Rent)

S.57 Apportionment of amounts collected under section 56

(1) Where any doubt or dispute arises as to who the lawful landholder entitled to receive the payment under sub-section (1) of section 56 is or where there is more than one claimant, what, if any, the share of each claimant is, the question shall be referred to the Tribunal and intimation of the fact given to the claimants and so far as information is available with the manager appointed under section 6, to the landholder or landholders.

(2) Pending the decision of the Tribunal, the amount due under sub-section (1) of section 56 shall be deposited in the office of the Tribunal and no interest shall accrue thereon.

(3) The fact of every such deposit shall be published in the Fort St. George Gazette and intimation, thereof shall also be given to the claimants and to the landholder or landholders referred to in sub-section (1).

(4) Every person who makes a claim to, or enforceable against the amount so deposited or any portion thereof as a landholder shall apply t

S.58 Jodi or quit-rent

Jodi or quit-rent, as the case may be, in respect of an inam estate shall cease to accrue with effect from the end of the fasli year immediately preceding the notified date.

S.59 Stay of execution proceedings and prohibition of certain transfers

(1) No court shall, before the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, order or continue execution in respect of any decree or order passed against the principal or any other landholder of an inam estate against his interest in the inam estate or against his other immovable property or against him personally by arrest and detention; and with effect on and from such date, execution in the cases aforesaid may be ordered or continued as specified in, and in accordance with the provisions of section 60.

(2) All proceedings for the execution of any decree or order by the arrest and detention in prison of the principal or any other landholder of an inam estate pending on the notified date, shall stand dismissed and if on such date the principal or any other landholder is detained in a prison in execution of any such decree or order, he shall be released forthwith.

(3) Notwithstanding anything contained in any other

S.60 Transitional provision in regard to other liabilities of landholder, etc

(1) No claim or liability enforceable immediately before the notified date against the principal or any other landholder of an inam estate or against any other person whose rights stand transferred to the Government in pursuance of clause (b) of section 3 shall, on or after that date, be enforceable against the interest he had in the inam estate; and all such claims and liabilities shall, after the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, be enforceable--

• (a) against the interim payments or the compensation or other sums paid or payable to him under this Act to the same extent to which such claims and liabilities were enforceable against his interest in the inam estate immediately before the notified date; and
• (b) against his other property, if any, to the same extent to which such claims and liabilities were enforceable against such property immediately before the notified date.

(2) No co

S.61 Liability of person unauthorisedly occupying land to forfeiture of crops, etc

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

S.62 Provisions for inam estate staff

Notwithstanding any law, custom, or contract to the contrary, the following provisions shall apply in regard to the persons employed in the administration of any inam estate immediately before the notified date:--

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

S.63 Maintenance by Government of institutions maintained by landholder

Every educational or other charitable institution which was being maintained during the three fasli years immediately preceding the notified date by any landholder of an inam estate may, with effect on and from the notified date, be maintained by the Government, if they think fit.

S.64 Removal of doubts in regard to existing inam estates in Chingleput district

For the removal of doubts, it is hereby declared that the Estates Land Act applies, and shall be deemed always to have applied, to existing inam estates situated on the 31st day of October 1936 within the limits of the Chingleput district as then constituted notwithstanding that the areas in which such inam estates are situated have been or may be included within the limits of the Presidency-town, after that date; and the provisions of this Act shall apply to every such estate accordingly.

S.65 Presumption that a land in an inam estate is ryoti land

(1) Subject to the provisions of sub-section (3), when in any proceeding under this Act it becomes necessary to determine whether any land is a ryoti land or a private land, it shall be presumed, until the contrary is proved, that such land is a ryoti land.

(2) (i) Any expression in a lease, patta or the like executed or issued on or after the 1st day of July 1918 in the case of an existing inam estate and the 19th day of April 1949 in the case of a new inam estate to the effect or implying that a tenant has no right of occupancy or that his right of occupancy is limited or restricted in any manner shall not be admissible in evidence for the purpose of proving that the land concerned was private land at the commencement of the tenancy.

(ii) Any such expression in a lease, patta or the like executed or issued before the 1st day of July 1918 in the case of an existing inam estate and the 19th day of April 1949 in the case of a new inam estate shall not by itself be suff

S.66 Decision of questions regarding forests

If any question arises whether any land in an inam estate is a forest or is situated in a forest or as to the limits of a forest, it shall be determined by the Settlement Officer subject to an appeal to the Director within such time as may be prescribed and also to revision by the Board of Revenue.

S.67 Rights of owner or occupier not to be affected by temporary discontinuance of possession or occupation

Where a person--

• (a) is entitled to the ownership or to the possession or occupation of any land or building immediately before the notified date but has transferred his right to the possession and occupation thereof or has been temporarily dispossessed or deprived of his right to the occupation thereof; and
• (b) has not on that date lost his right to recover the possession or occupation of such land or building;

he shall, for the purposes of this Act and subject to the provisions thereof, be deemed to be the owner, or to be in possession or occupation, of such land or building:

Provided that any lawful transferee of the right to the possession or occupation of such land or building shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transferor, as he had immediately before the notified date:

Provided further that any lawful transferee of the title to such land or building shall

S.68 Res judicata

(1) The decision of a Tribunal or Special Appellate Tribunal in any proceeding under this Act or of a Judge of the High Court hearing a case under sub-section (2) of section 46 on any matter falling within its or his jurisdiction shall be binding on the parties thereto and persons claiming under them in any suit or proceeding in a Civil Court in so far as such matter is in issue between the parties or persons aforesaid in such suit or proceeding.

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

S.69 Saving of limitation

In computing the period of limitation for any suit or application filed in a Civil Court by a creditor in respect of any matter which was the subject of a proceeding under any of the following sections, namely, 37, 38, 39, 40, 41, 43, 44, 45 and 46, the period commencing on the notified date and ending with the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal and the time during which such proceedings were pending as well as the time taken for obtaining certified copies of the order passed in such proceeding shall be excluded.

S.70 Limitation

(1) A copy of every decision or order in any proceeding against which an appeal or revision is provided for under this Act shall be communicated in such manner as may be prescribed.

(2) For the purposes of computing the period of limitation in respect of any appeal or application for revision against any decision or order, the date of communication of a copy of the decision or order to the appellant or applicant shall be deemed to be the date of the decision or order.

(3) The provisions of section 4 and sub-sections (1) and (2) of section 12 of the Indian Limitation Act, 1908 (Central Act IX of 1908) shall, so far as may be, apply to any appeal or application for revision under this Act.

(4) Where under this Act an appeal or