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: TeNe Act 301 (Trniz~ferredTerritory)
Ryotivnri Settlement

'LYAMIL 1\'4nTY ACT 5,. 30 c _ i '~3 % :.

VfrlllLrIL I'.r;\,ijb1(illLA_'y52ERREZ
TEi?RiTGKk j
RYOTWAE I SETTLQjlENT ACT, 1964.
ceivctl the assent of the ,Pi.esicieizt on rl~c5th Noveuzb~r
1964, first published irz the For St ..Georg.: Gazette
on tJte 18thNovenzber 1964 (Kartika 27, 18861.1
Act 10 provide for the survey and ryotwari settlement of
funks in the Kalzyaku1tzai.i cjistrict alld i110 Slze~~cottnlz
taluk of the Tiruizelvei'i clistrSicf.
aacted by the Legidsture of the '[State of Tamil
in the Fifteenth Year of the Republic of India as

, (1) This ~ c tmay' be called the lrranlil Nadu] Short title an.?.
sferred Territorv) Rvotwari Settlen~es~
t Act, 1964. extent,

:: (2) It extends to the whole of the tramferred territory.


. In this Act, unless the context otherwise requires,- Defini(

(a) "Assistaot Settlement Officer" rncnvr an Assistant


having
jurisdiction ;
b,* I
Per. '

2. (bj "Director" means the Director of Settlements


e appointed under section 4 ;
e m s the year comrnenci~lg on the.

(d) "Government" means the .State Government ;

..
uted for the word " ~ a d r & "by the . Tahil'
rder, 1969, as amended by the Tamil Nadu
Amendment) Order, 1969.
Is and Reasons, see Fort Sf. Gee,rge Gazette
26th March 1964; Part IV.- Section 3,

substituted for the exprcssion %ate of


u Adaptalion of Laws Grder, 1969, as
L;? 3 daptatics of Laws (Scconci . Amend-
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ten/TerritorjJ) [I964: T.N.
q$ttlep?qzt
Ryotw&~ri

t(e) "jenrnikaram" means jenrnikaram as defined i


the Travancore Jellmi and Kudiyao Act ~f 1071 (Travancor
An+'C7~Clf*71\ .

(1) his h;rirs, legal representatives and assigns ; T!d

(g) "ryotwari assessment" means the assessmen


p,+!gr$2@ro the Government u n d e ~sub-section (1) of sectio
t
(h) ''Settlement Officer"
-
means a Settlement Office

*(i) "th;ruppuvaram" or "melvaram"


thlmppuvaram or melvaram entered as such in the reven
awunts ;
( j ) "transferred territory" means the K
, .
#@ict %
... the Sbencot&ih taluk of the Tjrypel
.and
3. Nothing in this Act shall apply to-
Act not to
apply to certa in (i) inam lands ;
lands.
beh-mging t
e rival id rum :
raamanabnaswaml ~ e m p l at
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(7l.aizsferrcd E9rrit o i : ~ ) ,321


si ;;.",'liipr"t.f
@2,$ta~ai.!" --- <, I

4. AS SClOll 2 5 U9j; br,. $ T i r! !;!c l j ~ ~ bi l!; (: ~i ; ', i ! i31i5 ALf=%ppb hf .


jnent
" - , (;i,j,.:i-nrnt.nt shall and fonctions' ,
the Forf Sf. G t ~ o ~ pGc / ~ ~ r t i ; 1tile
f S~t:ll:lil~ilf s to caryy ( j i l t sl.t rvcy of the 1Diraao;-
of Settlements.
t!;lc,pccl of all Iancis i o ~ ~ c l ~this ich
ce ryol\v@l settlel~~eiit tl~crei11, and to
s nlld duties assigiled i o him by or
er this Act. Thc Director shall be suborc,inctte to the
ard of Revenue.
5 (I) As soon as i-i*~.y h(.37 Del- the pi~tj:i;d!i:)n 01 this Appointmat
e Fo'brt St. Gnorgc G'cr*s.?fc:g, the C3cver;laxn t shall andof f ~ t i o n s
eltlerne!lt O.%cers ro c;iiSry out the officers,
is-:nee? to [hen1 by cjr unrlcr (his Act.
(2) Every Settiemeat Officer shall be 9;. 1;ordinate to
irector and shall be .guided by such lawful instructions
may issue from time to time and the Director shall also
power to cancel or. rzvise any of the orders, acts or
edjngs of the Settlz:ncni Officer.
, .
I

ay be, after the publication of this Apminpcqt ;;


" b

e GuzefrB, the Government may ~d,functi44?qf


Innt Settlement O@cers to carryt,Asslsrltnt
,
Settle-
functions and duties assigned to them by or under

(2) Every Assistant Settlement Officer shall be


rdinate to the Settlement Officer and shall be guidled
uch lawful instructions as he may issue from time to time,
the Settlement Officer shall also have power to
revise any of the orders, acts or prot:eedings
Assistant Settlenlent Officer.
e ?Board of Revenue shall have power- Powers of
control of tb
the provisions of this Act ;
0, give eEect to VBoard of
Revmu e.
to issue instructions for the guidance of the
District Collectors, Settlement Officers and
Settlement Officers.
.------ - -.---.----- --.-
he Tantil %du C~ovenzr.rlentGazette.
f Tamil Madu Board of
virtue of section 10 (1) f ~ thc
Abolition Ac!. i 980 ('Talaii Nad!~Act 36 of 19SO), any
to the Board of R~ventac shall bz taccrrad to be a
he $ta te Oovernrnsmt ,
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(TransTern ~d Territory) [1964: T.N. k t 30


Ryotwar i Settlement
8. (1) Subject to the provisions of section.. 3, every
land in the transferred territory shall, ir' such land has not
been surveyed in accordance with the provisions contained
in the I[Tamjl Nadu] Survey and Boundaries Act, 1923
(YTamil Nadu] Act VUI of 1923). be surveyed in accor-
dance with the provisions of that Act.
(2) If any land has been already surveyedaunder the
Act referred to in sub-section (I), such land may be
re-surveyed and such re-survey may be limited to what i s
necessary for the ryotwari settlement of that land.
(3) 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 '[Tamil Nadu] Survey and
Boundaries Act, 1923 ('[Tamil Nadu] Act VIII of 1923),
shall be bornz by the Government.
9. (1) Sgbject to the provisions of section 3, the
Settlement Officershall, as soon as may be, after the publi-
cation of this Act in the Fort St. George Gazette* effect a
ryotwari settlement of every lard in the transferred
territory in accordance with a settlement notification
framed a nd published by the Government for the purpose.
(2) The said notification shall embody the principles
adopted in making ryotwari settlements in ryotwari areas in
the rest of the State and shall adopt-
(a) the rates of assessment set out in the settlement
or re-settlement notification in force on such date and
such district as may be specified by the Government ;
(6) if mors than one such notification is in force in
that district, the rates of assessment szt out in one of those
notifications which the Government consider to be the mo
appropriate to the case.

(3j Ail rates of assessment imposed at a ryotwari


settlement under this section shall be liable to revisio
from time to time as laid $own in the settlement notification
--
'These words were substituted for the word "Madras"
Tamil Nadu Adaptation af Laws Order, 1969, as amende
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
*NOWthe Tamil Nadu Government Gazette.
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Terriror>$)
l fia!?.$?17'~?d 32
R~.'ottvmiSettknzent

.$

ab for the hsli year ~ ~ ~ o l d e t * ~


liability to pay
nd for each subsequent land
ment in respect lo -t.
twari settlement

ovided that nothing in this sub-section shall,-


(a) except to the extent of the liability to pay the
ent under this sub-section, affect any rights or
nt or deed relating to

have accrued to the


ublication of this Act

le under sub-

ovisions of that Act,


x paid under the Adjusment of
Act, 1955 (Travancore- basic tax paid.
Act XV of 1955), by any landholder as due for the
ar commencing on the 1st July 1964, shall be
d towards the amount of ryotwari assessment
under this Act, and if the amount of basic tax so

nce of such nppli-


sted towards the ryotwwi
subseqv.ent fasli year or

These words were substituted for the word "Madras" by the


Nadu Adaptation of Laws Order, 1969, as amended by the
Nadtt Adaptation of Laws (Second ~mendment)Order, 1969.
@NOW the Tamil Nadu Govern.m~~t
@zetts.
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(Ti.ansfcrred Terr itoi*y)


Ryot wasi Sett Ber~el~i

(2) if the amount of basic ta x referred to in sub-


section (I) is lrss than t5e ryrtwari assessment due from the
l a ~ dholder, kc shall be liable to pay to the Government
the ul t-2ren.w.
4 .-
% , + (3) An epplication under sub-section (1) shell be
, , , . made within s ~chi period and in sucll Sornl as may be '

~ . h . , s - % .. prescribed.

Jenmikaram to 1[12. Je~mi!cri.nmcharged on and payable in respe '

be payable* - of any land 1u:drr .:be Travancore Jdnmi and Kudiyan Act
of 1071 (Travancclre Act V of 1071) shall colltinue to be
paid to the jcilmi.-s in zddition tc the ryotwari assessment
thereon payable to the Governnlent.]

.Fhiruppuvaram 13. *Thiruppuvaram or **melvaram charged on an&.


to be payable. payable in respect of any land shall continue to be paid to
those entitled to it, as 'heretofore in addition. to t
ryotwari assessment thereon payable to .the Govern-
ment.
Decision of cer-
tain disputes . 14. (1) If any person disputes,-
(i) his liability to pay the ryotwari assess
a I

, '
this Act ; or J

(ii) the application6ilirespect of his land, o


cular rate of ryotwari' assessment imposed at a
>:,. . . l , j % ' settlement under section 9,
;:, ,

.bi~ 2 , .. . ..thesettlement Officer shall decide such dikpute. . ,


9 .*

(2) From every odecision of the Settlement 0


under sub-section (I), an appeal shall, within
asmay be prescribed, lie to the Director. { .

Explanation.-Nothing in this section sh'all , b


construed as conferring any right o p any persod to dig-
pute the rates of jotwari assessment imposed' ,.. at a , I

ryotwari settlement under section '9.


---
I.
-.--
I This sectioil was repe'aled by section 38 af the Tamil Nadu
(Transfdrred Territory) JenmSkrtrnn~Paym:nt Abolition Act, 1964 :
(Tamil Nadu Act 3 f of 19G4).
* By virtue c f Tction 3 5 of t:$ T i l i l PT-i iu ( T r a i : ~ f ? ~ ~ Terri-
ed
. 3 : . - ! (TazifNGu
. .- -. - - :
Act 32 uf :5 5 - ;1- .: r ~ : c r , , -: L a :o r n ; ~ ~ ' '
varam, is abclish-:rj.
** By virtue of section 15 of tile Tamil Nadu Minor Inams
(Abolition arid Conversion k t o Ryotwari) Amendment ~ c t 1964 ,
(Tamil Nadu Iict 33 of 196.2) this section, in so far as it relates to
Melvaram , i s rapeialed.

*
+ -
*
;
.uY
. _ -
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(j:i,c6nsJifl.r.r4ed
T~ri*ho~~j
Xyot wnri Set tlernrrzt

1) The *Board of Revenuc may- Power of


revision bY
(i) on its own motion call for and examine the "86atd
Revmue.of
s of any proceeding under this Act ; or

sub-section (2) of

e regularity of such proceeding or


or propriety of any decision or
d if, in any case, it>appearsto the
evenue that any such decision or order should
, reversed or remitted for re-
ss orders accordingly :

(2) The *Board of Revenue may stay the execution of


decision or order t,ctl:.li~ihe exercise of its
der sub-section (1) iu rcsyxt thereof.

t o the 2'Board of Wevent~efor


cction shalt be pre-

ovided that the *Board oi' Rcverlue may in its


ccdillg one inonth for
g of any such application if ir: i s satisfied that the
nt had sufficiellt caui3e f ~ not
s preferring the appli-
within the prescribed period,

.---- -*
ad 11 Eoard of Revenuo
1980), any reference t o
a reference to the Statc

-
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[I964 : T.N. Act 3


. 6
.32 (Tra~ukrredTerritory)
Ryoilvari Settlement

lsowcr of*Board 17. The *Board of Revenue, the Director, the Settle-
of s .
,,,
Diracitor, Sat tla-
ment Officer or the Assistant Settlement Officer may either
Ofl[icerrand on its or his own motion or on the application of any
Assistant Settie- person-
men' mcer (a) if it or he is satisfied that a bona fide mistake has
te rectify bona- 1
fids mistakes been made in regard to any decision or proceeding under
and clerical this Act, make or cause to be nl,;ide the necessary correc-
errors. tion therein ;
(6) at any time correct or cause to be corrected a
clerical or arithmetical mistake in any such decision
proceeding.
P ~ e rto iake 18. The *Board of Revenue, the Director, the Settlement
oath, etc.
On Officer, the Assistant Settlement Officer or any other
officer empowered under this Act shall, for the purposes
of this Act have the same powers as are vested in a Court
under the Code of Civil Procedure, 1908 (Central Act V
of 1908) when trying a suit in respect of the following
matters, namely :-
n g attendance of ally person and exatlliu
(a) e ~ f ~ r c i the
ing him on oath ;
(b) requiring the discovery and production of docu
ments ;
(c) receiving evidence on affidavit ;
(d) issuing commissions for the examination o
witnesses ;
and any proceeding before the *Board of Re
Director, the Settlement Officer, the Assistant Settle
Officer or any other officer empowered *mder this
shall be deeaed to be a judicial proceeding within
meaning of sections 193 and 228, and for the purposes
sectio~l156, of the Indian Penal Code (CentralAct XLV o
1860).
Pawer of 19. Tlie Governmentmay issue such orders and directi
Oovcrnment t o of a general character, as they may consider nec
Orders
directi om. respect of any matter rewting to the powers and
'Board of Revenue, the Director, the S
...the
.._ _ -- . UI--

*By vinue of section 10 (1) of the Tamil Nadu Board


. ~bolinvnAa, 1980 (Tamil Nadu Act 36 of 1980), any
the Board of Revenue shall be deemed to be a reference
State Government.

7-7 - r, -. , *- v -
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(Tt*ansfisredTerriioryj
Ryotwari Settlement .

nd th'e Assistant Settlement Officers. 'rhe


y or officer referred to above shall give effect
uch orders and directions. ,r
F

The Government may, by notification, direct that Delesation of


wet or function exercisable by the Settlerncnt Officer
this Act or the rules made thereunder shall, in
ect to such conditions
cation, be exercisable
fficer or such other
bordinate to the Government as may be specified

(1) No suit shall lie in any civil court to set aside Bar of suits in
dify any ryotwari assessment made u-ider this Act. courts.

provided in this Act, the


er this Act shall be
risdiction to decide
or under this Act
by the autl~orities

No suit, prosecutioll or other legal proceeding I~ldemnit~.


ie against the Govertlmcnt, the "Board of lievcnue,
irector, the Settle~l~entOGcer, the Assistant Settle-
Officer or any other officer empowered under this
anything which is in good faith done or intended
one in pursuance of this Act or any rule or order

c, the Director, thc Settle- Power to enter


fficer, the Assistant Settlement Officer or m y of Up0n land*
ers may enter upon any
essons as it or he considers
alld make a survey and take measure-
reof or do any other act which it or he considers
urposes of this Act.
rules to carry out POwez to make
r u1es.
-- --- -
du Board of Revend
1980), any r cfcrenca
e a reference to the
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328' E (Tr~~zsfL;r.red
Territory) [I964 : 'P.N. A d 38
Rj-oriuari S~ttlement

(2) In particular and without prejudice to the generality


of the foregoing power, such rules may provide for-, .
I .

(a) all mat t,ers expressly required or allowed b y


i.., this Act to be prescribed ;
(b) the form of appeal and application for ieiiiion
under this Act ;
( c ) the procedure to be followed by the ,*Board of -
Revenue, the Director, the Settlement Officer and the '
Assistant Settlement Officer when exercising the ;powers3.
under this A.ct ;
( d ) the fbes payable in respect of applicat~ons and %

appeals under this Act ;


n,i ejii~ 'It-, .
3
(e) determining *the kist or instalments in i which
.zs ; ,:* :
the ryotwari assessment is payable and t L dates on which
* , % .

such kist or instalments shall be d ~ e .


~ m c r t o r e 25. ~ dificulty arises in giving effect tothe
~ ~ 1f~any
diqculties. of this Act, the Government may, as occasion may
by order uo anything .which appears to them . n
for the purpose of removing the difficulty.
Rules and orders 26. (1) All rules made onde r this Act and all orders
to be placed made uildzr szcrion 25 sllaZL be publisilcd in the Forj
before St. George Gcrzettet and, unless they are expressed to
Legisluure* come inlo force on a particular day, shall come into forcc
on the day oti which they are so published.
(2) E v x y rule made under this Act and e:.ery order
made under ?;::tion 25 shall, as soon as possiblz after it is
made, be p1acs.j. or the table of both Houses
lature, and if, b:fare tne CALJLL:, of t',e ssssion
is M plaxd G 7 ihe c-xr session, both Houses aget in makin
any n ~ c l i n:atian in any such rule or order o
agree that the rule or order should not be ma
ar order slicrl! thereafter have effect only in
form or be of no effect, as the case may be,
that ally stsch modification or annulment shal
prejudice to t hs validity of anything previously
' under that rule or order. 4
. -- .- 7-

c *By virlu.: of s;ci ion iO(1) of thc Tamil Nadu B


Abolitio~tAct, l Y d O (Tamil Nnclu Aci 36 of 1NO), an
che Board ci' Wcve~iucshall be dceined to bc a re
State Got~ernmerlt.

tNow the Tcrmtil ~YodlrGovemmertr Gnzerfz,


-c-ip:rw.,

. .
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(%-a~zsfin*cd
22, i*itorN
R m wari Sefifentelzc
7. The Travancore-Cochin Land Tax Act, 1955 Repeal of Tra-
avancore-Cochiu. Act XI/ of 1955) Is ileic by r6ge:ilcd. vancore-Cochin
Act XV of 1955.
$
,a

(1) This section shall coa;.e iuto fax!:s on wcl; date Extension of
c Government may, by nolific~ tion, a~jjcint. cerfain irriga-
i ion laws to the
t rruzsferred
rerritoxy,repeals
Nadu] Irrigation C;ss Act, 1865 and savings.
VII of 18651, the I[Tamil Nadu]
y Cess) Act, 1942 (lii'aotii Nadu]
he l/Tamil Madu] Irrigatic;~&Vcl-Ls
ent and Coastructicn) Ad, "3
+ "

XVIII of 1943), the l[Tamil Naciu]


rovenlent) Act, 1949 ('[Tamil Nadu]
the l[Tamil Nadu] lrriga tin21 (Levy
ution) Act, 1955 (][Tamil Nadu]
rce immediately b e b r c the date of
commencemc~~t of this section (hexeil:zft,ca i l l t h is
leferrcd to as thc said law) arc k i ~ l c i , yc x t c i ~ c l ~ d
shall bc in f o r c ~in , thc :ransfi:rrcci i~ ! i r b~3 .

) The Irrigatiotr rbci of 1072 (Trzvan::or~ Aci 111


), the Tritvcncorc-Cc c h i 1 1 Jnjg2tiola 'ILL~I~S
(Prcs~r-
and Inlprovcmcxlt) Act, 1952 (Tmvs:,accrL;-Cc chi11
the Travancore-Ccchin Xrrig~tjcn
's Act VII of 1956) zind any c t h x
%responding to the said law, in force in thl; tw usfcrred
ory immediattly before the date of the ammcncc-
of this secticn shall stand repealtd cn tllc date of
Comencemor~t.

(4) The repeal by sub-section (31, o f r ily Act or law


rred t o therzin sh~.llrwt ~'iffect-

(a) the prcvict!~operation of ntiy aucli Act or


or anytlliing c h l y do lc c r suffered 1 L C : 2 ; c: r

.
--.-L_..---- --- . --.-----uuu

I S Ui'W ~i:!'~tl:t~tcd5 r ** ts
:$

X.klt~ :L?.\~*i;i:
I\$:; 2: Js&>,
?&Ler9
l-2$ 1 ~p- 2 : ;.rficc~,!~~j
kJy
SdJu i'f s (Second A E ~ order,
~ ~ ~ ~ ~ ~ )
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%O (Trun,$eferred Territory) [1964 : T.N. Act 3d


Ryotwuri Settlement

(6) any right, privilege, obligation or li~bility


acquired, accrued or incurred under any such Act or
law ; or

(c) any fine, penalty, forfciiure or punishment


incurred in respect of any offence committed against any
such Act or law ; or

(d) any investigation, legal proceeding or remedy


in respect of zny such right, privilege, obligation, liability,
fine, penalty, forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced and any such
fine, r,2alty, forfeiture or pl~nishmentmay be imposed
as if this section had not been in force.

(5) Subject to the provisions of sub-section (4),


anything done or any action taken, including any appoint-
ment made, no~ification,order, instruction or direction
issued, or any rule or form framed under any such Act
or law shall be deemed to have been done or taken under
the said law corresponding thereto and shall continuz
to have effect accordingly, unless and until superseded
by anything done or any action taken under the said law.

(6) For the purpose of facilitaling the application


of the said law in the transferred territory, any court or
other authority may construe the ,said law with such
alterations not affecting the substance as may be necessary
or proper to adapt it to the matter before the court or other
authority.

(7)An 9 reference in the said law to a law which


is not in foi ce in the transferred territory shall, in rela-
tion to that territory, be construed as a reference to the
corresponding law, if any, in force in tlut territory.

d
(8) Any reference in a y law which continues to be
in forcz in the transferred territory after the date of the
commencement cf this section, to any Act or law, repealed
by sub-section (3) shall, in relation to that territory, be
construed as c reference to the said law mespond'
thereto,
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2964 : T.N. Aa 361

-- - - ----.-- R--v"--w-
knitory by this Act, the Government

-.I -- -

(c) Every order made under clause (a) shall as

-- --- - - - - - -F - - d
of the-session in which i h s so piaced & the ncxt session.
1

~ t hHouses anee in making any modificatioii in anb

.*rrl 7--

Wow the Tamil Nsdu Govr?r.nmentGatetfe,

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