Tamil nadu act 031 of 1964 : Kanyakumari Sreepandaravaka Lands (Abolition and Conversion into Ryotwari) Act, 1964

Section 1. Short title, extent and commencement

Chapter-I - Preliminary

CHAPTER I

Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Kanyakumari Sreepandaravaka Lands (Abolition and Conversion into Ryotwari) Act, 1964.

(2) It extends to the whole of the Kanyakumari district.

(3) It shall come into force on such date as the Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires,-

(1) "appointed day" means the date appointed by the Government under sub-section (3) of section 1;

(2) "Assistant Settlement Officer" means an Assistant Settler lent Officer appointed under section 5 and having jurisdiction;

(3) "fasli year" means the year commencing on the first day of July;

(4) "financial year" means the year commencing on the first day of April;

(5) "Government" means the State Government;

(6) "holding" means any Sreepandaravaka land held by a tenant;

(7) "rent" means whatever is lawfully payable, in money or in kind or in both, to the Temple by a person for the use or occupation of any Sreepandaravaka land;

(8) "Settlement Officer" means a Settlement Officer appointed under section 4 and having jurisdiction;

(9) "Sreepandaravaka lands" means the lands belonging to the Temple;

(10) "Temple" means the Sree Padmanabhaswami Temple at Trivandrum;

(11) "tenant" means a person who holds Sreepandaravaka lands on pattom, otti, jenmom, kudijenmom, danam or under any other tenure by whatever name called and includes his heirs, legal representatives and assigns;

(12) "Tribunal" means a Tribunal constituted under section 7 and having jurisdiction.

Section 3. Vesting of Sreepandaravaka Lands in Government

Chapter-II - Vesting of Sreepandaravaka Lands in Government

CHAPTER II

Vesting of Sreepandaravaka Lands in Government

3. Vesting of Sreepandaravaka Lands in Government.- With effect on and from the appointed day and save otherwise expressly provided in this Act-

(a) all Sreepandaravaka lands shall stand transferred the Government and vest in them free of all encumbrances ??? enactments applicable to ryotwari lands in the Kanyakumari district shall apply to the Sreepandaravaka lands;

(b) all rights and interests created by the Temple in ??? such land before the appointed day, shall, as against ??? Government, cease and determine;

(c) the Government may, after removing any ??? that may be offered, forthwith take possession ??? Sreepandaravaka lands and all accounts, registers ??? muchilikas, maps, plans and other documents ??? to Sreepandaravaka lands which the Government ??? require for the administration thereof:

Provided that the Government shall not dispossess any ??? of any Sreepandaravaka land in respect of which ??? consider that he is prima facie entitled to a ryotwari ??? pending the decision of the appropriate authority ??? this Act as to whether such person is entitled to such ???

(d) the Temple and any other person whose rights ??? transferred under clause (a) or cease and determine under clause (b) shall be entitled only to such lights and ??? as are recognised or conferred on it or him, by under this Act;

(e) the rights and obligations in Sreepandaravaka ??? of the Temple as such shall be extinguished;

(f) any rights and privileges which may have accrued any Sreepandaravaka land to any person before the pointed day against the Temple shall cease and determine and shall not be enforceable against the Government or against the Temple, and every such person shall be entitled only to such rights and privileges as are recognised or conferred on him, by or under this Act.

Section 4. Appointment and functions of Settlement Officers

4. Appointment and functions of Settlement Officers.- 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.

Section 5. Appointment and functions of Assistant Settlement Officers

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

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

Section 6. Powers of control of the Board of Revenue

6. 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;

(b) to issue instructions for the guidance of the Settlement Officers and Assistant Settlement Officers;

(c) to cancel or revise, within such period as may be prescribed, any of the orders, acts or proceedings of the Settlement Officers.

Section 7. Constitution of Tribunals

7. Constitution of Tribunals.- (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 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.

Section 8. Grant of Ryotwari Pattas

Chapter-III - Grant of Ryotwari Pattas

CHAPTER III

Grant of Ryotwari Pattas

8. Grant of Ryotwari Pattas.- (1) With effect on and from the appointed day, every tenant shall be entitled to a ryotwari patta in respect of the Sreepandaravaka lands held by him on that day.

(2) Where in respect of any Sreepandaravaka land no person is entitled to a ryotwari patta under sub-section (1), and the land vests in the Government, the grant of ryotwari patta in respect of that land shall be in accordance with such rules as may be made by the Government in this behalf.

Section 9. Determination of Sreepandaravaka lands in respect of which any person is entitled to ryotwari patta

9. Determination of Sreepandaravaka lands in respect of which any person is entitled to ryotwari patta.- (1) The Assistant Settlement Officer shall, subject to the provisions of sub-section (2), inquire into the claims of any person for a ryotwari patta under this Act in respect of any Sreepandaravaka land and decide in respect of which land the claim should be allowed.

(2)(a) Before holding the enquiry under sub-section (1), the Assistant Settlement Officer shall give notice in the prescribed manner to the Tahsildar of the taluk in which the Sreepandaravaka land is situated, to the tenant concerned and to such other persons as may be prescribed.

(b) The Assistant Settlement Officer shall also, publish in the prescribed manner in the village in which the Sreepandaravaka land is situated, the notice referred to in clause (a) and after giving the parties who appear before him an opportunity to be heard and to adduce their evidence, give his decision.

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

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

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 Assistant Settlement Officer was vitiated by fraud or by mistake of fact.

Section 10. Vesting of certain buildings

10. Vesting of certain buildings.- (1) Every building which immediately before the appointed day, belonged to the Temple and was then being used as an office in connection with the administration of the Sreepandaravaka lands and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the appointed day.

(2) If any question, ascites whether any building falls or does not fall within the scope of sub-section (1), it shall be referred to the Government whose, decision shall be final.

Explanation.-In this section, "building" includes the site on which it stands and my adjacent premises occupied as an appurtenance thereto.

Section 11. Survey and settlement of Sreepandaravaka lands

Chapter-IV - Survey and Settlement of Sreepandaravaka Lands

CHAPTER IV

Survey and Settlement of Sreepandaravaka Lands

11. Survey and settlement of Sreepandaravaka lands.- (1) In respect of every Sreepandaravaka land ??? shall be made and ryotwari settlement shall be ??? in accordance with the provisions of the ¹[Tamil Nadu] (Transferred Teiritory) Ryotwari Settlement Act ??? (hereinafter referred to as the Settlement Act), and ??? effect on and from the appointed day clause (ii) of Section 3 of that Act shall be deemed to have been repealed.

(2) Nothing in sub-section (1) shall be construed-

(i) as entitling any person to a ryotwari patta for ??? Sreepandaravaka land in respect of which he has not made any claim under section 9; or

(ii) as empowering the appropriate officer or authority to reopen any decision made under section 9.

Section 12. Liability to pay land revenue to Government

12. Liability to pay land revenue to Government.- (1)(a) Every person who becomes entitled to a ??? patta under sub-section (1) of section 8 in respect ??? any Sreepandaravaka land shall, for each fasli year ??? with the fash year in which the appointed ??? falls; and

(b) every person who becomes entitled to a ryotwari patta under the rules made under sub-section (2) of Section 8 in respect of any Sreepandaravaka land shall, ??? fasli year commencing with the fasli year in which ??? patta is granted,

??? liable to pay to the Government in ??? of such land the ryotwari assessment under ??? Settlement Act and pending the ryotwari settlement ??? that Act be liable to pay land revenue at the rate ??? in sub-section (2).

(2) The rate of land revenue referred to in sub-section ??? shall be fixed by the prescribed authority and in so ??? the prescribed authority shall have regard to the ??? of assessment for the nearest ryotwari land of similar ??? and with similar advantages in the ??? district.

Section 13. Payment of tasdik allowance to the Temple

Chapter-V - Payment of Compensation

CHAPTER V

Payment of Compensation

13. Payment of tasdik allowance to the Temple.- (1) For every fasli year commencing with the fasli year in which the appointed day falls, the Government shall, subject to the provisions of sub-section (2), pay as compensation to the Temple for all the rights and interests vested in the Government under this Act, a tasdik allowance as calculated in the manner specified in the Schedule.

(2) If the aggregate of the amounts specified in items 2 and 3 of the Schedule together with the amount of tasdik allowance payable to the Temple under section 11 of the ¹[Tamil Nadu] (Transferred Territory) Thiruppuvaram Payment Abolition Act, 1964 is less than one lakh and fifty thousand rupees, the Government shall pay the difference to the Temple, for every fasli year commencing with the fasli year in which the appointed day falls, and, for this purpose, the not tasdik allowance specified in item 3 of the Schedule shall be deemed to have been enhanced by such difference.

Section 14. Contribution towards maintenance of certain Devaswoms

14. Contribution towards maintenance of certain Devaswoms.- The Government shall pay annually a sum of eighteen thousand rupees to ²[the Board of Trustees constituted under clause (b) of sub-section (1) of section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959)] for the administration, management and maintenance by the said Board of the Devaswoms specified in Part II of Schedule II to the said Act.

Section 15. Manner of payment of tasdik allowance

15. Manner of payment of tasdik allowance.- The tasdik allowance payable annually under this Act shall be paid in cash and in one lump-sum.

Section 16. Appeals

Chapter-VI - Appeals

CHAPTER VI

Appeals

16. Appeals.- (1) Against any decision of the Tribunal under sub-section (3) of section 9, the Government may, within ??? months from the date of the decision, and any person aggrieved by any such decision may, within three months ??? from the date of the decision, appeal to the Special Appellate Tribunal consisting of two Judges of the High Court ??? nominated from time to time by the Chief Justice in this behalf:

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

(2) The members of the Special Appellate Tribunal ??? hear the appeal on all points, whether of law or of ???. Where on any such point or points the members ??? divided in their opinion, they shall state the point or ??? on which they are so divided and such point or ??? together with their opinion thereon shall then be ??? before one or more Judges nominated for the purpose ??? the Chief Justice and such Judge or Judges shall hear ??? appeal in so far as it relates to such point or points ??? on each such point, the decision of the majority of ??? Judges who have heard the appeal including those who ??? heard it shall be deemed to be the decision of the Special appellate Tribunal.

(3) The Special Appellate Tribunal shall have the ??? powers as are vested in a civil court under the Code Civil Procedure, 1908 (Central Act V of 1908), when ??? an appeal.

(4) Every decision of the Special Appellate Tribunal, ??? subject to such decision every decision of the ??? shall be binding on all persons claiming an ??? in any land notwithstanding that any such person ??? not preferred any application or filed any statement ??? any evidence or appeared or participated in proceeding before the Tribunal or the Special appellate Tribunal, as the case may be.

Section 17. Rent, Rajabhogam, etc., to cease of accrue

Chapter-VII - Miscellaneous

CHAPTER VII

Miscellaneous

17. Rent, Rajabhogam, etc., to cease of accrue.- (1) The rent payable to the Temple by any person in respect of any Sreepandaravaka land, shall cease to accrue with effect from the end of the financial year immediately preceding the appointed day.

(2) The Rajabhogam payable to the Government by any person in respect of any Sreepandaravaka and shall cease to accrue with effect from the end of the fasli year immediately preceding the appointed day.

Section 18. [Repeal]

18. [Repeal]- ¹[* * *]

Section 19. Transitional provision in regard to certain liabilities

19. Transitional provision in regard to certain liabilities.- (1) All claims and liabilities enforceable immediately before the appointed day against the Temple in respect of my Sreepandaravaka land shall, on or after that day, be enforceable against the tasdik allowance payable to the Temple under this Act to the same extent to which such claims and liabilities were enforceable against; the interest of the Temple in the Sreepandaravaka land immediately before the appointed day.

(2) No court shall, on or after the appointed day, order or continue execution in respect of any decree or order passed against the Temple against the interest it had in the Sreepandaravaka land and execution shall be ordered or continued in such cases in conformity with the provisions of sub-section (1) only as against the tasdik allowance payable to the Temple.

(3) No court shall, in enforcing any claim or liability against the Temple in respect of any Sreepandaravka land, allow interest at a rate exceeding six per cent per annum simple interest for any period after the appointed day.

Section 20. Collection of arrears

20. Collection of arrears.- (1) On and after the appointed day, the Temple shall not be entitled to collect any rent which accrued due to it from, any person in respect of any Sreepandaravaka land before, and is outstanding on, that day; but the Tahsildar of the taluk concerned shall, subject to the provisions of sub-sections (3) to (5), 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 Temple all amounts so collected after deducting (a) two and a half per cent on account of collection charges, (b) the arrears of amount, if any, due from the Temple to the Government, and (c) the rent, if any, collected before the appointed day by the Temple from any person in respect of the financial year in which the appointed day falls.

(2) All amounts which the Tahsildar is entitled to collect under sub-section (1) shall be a first charge upon the land in respect of which such amounts are payable.

(3) Notwithstanding anything contained in sub-sections (1) and (2), all such ??? of rent as are referred to in sub-section (1) shall be deemed to be discharged, whether or not a decree has been obtained therefor, if such person-

(a) has paid before the appointed day the rent due for the three financial years immediately preceding that day; or

(b) pays to the Tahsildar within three years of the ??? day and in not more than two instalments per ??? an amount equal to the arrears of rent due for the ??? financial years immediately preceding appointed ???

(4) In any suit or proceeding pending on the appointed day for the recovery of any arrears of rent referred to in sub-section (1), the court or authority concerned shall, upon proof by the person of the payment as specified in clause (a) or clause (b) of sub-section (3) or upon deposit in the court or before the authority of the amount equal to the arrears of rent for the three financial years immediately preceding the appointed day, dismiss the suit or proceeding.

(5) If before the appointed day any decree or order has been passed in any suit or proceeding for the recovery of any arrears of rent due from any person, in respect of any Sreepandaravaka land, which is inconsistent with the provisions of this section, the court or authority concerned shall, upon proof of the payment as specified in clause (a) or clause (b) of sub-section (3) or upon deposit in the court or before the authority, of the amount equal to the arrears of rent due from the person for the three financial years immediately preceding the appointed day and on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order:

Provided that nothing contained in this sub-section shall apply to any suit or proceeding in which the decree or order has been satisfied in full before the appointed day.

Section 21. Right of occupier not to be affected by temporary discontinuance of possession or occupation

21. Right of occupier not to be affected by temporary discontinuance of possession or occupation.- Where a person-

(a) is entitled to the possession or occupation of any Sreepandaravaka land immediately before the appointed day but has transferred his right to the possession or occupation thereof or has been temporarily dispossessed or deprived of his right to the occupation thereof; and

(b) has not on that day lost his right to recover the possession or occupation of such land,

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

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

Section 22. Res-judicata

22. Res-judicata.- (1) The decision of a Tribunal or the Special Appellate Tribunal in any proceeding under this Act on any matter falling within its 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 be binding on the parties thereto and persons claiming under them in any proceeding under this Act before a Tribunal or the Special Appellate Tribunal in so far as such matter is in issue between the parties or persons aforesaid in such proceeding.

Section 23. Limitation

23. 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 purpose 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-section (1) and sub-section (2) of section 12 of the Limitation Act, 1963 (Central Act 36 of 1963) 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 application for revision may be preferred to any authority or officer within a prescribed period or within such further time not exceeding a specified period as may be allowed by such authority or officer, the further time aforesaid shall be computed on and from the expiry of such prescribed period computed in accordance with the provisions of sub-sections (2) and (3).

Section 24. Finality of orders passed under this Act

24. Finality of orders passed under this Act.- (1) Any order passed by any officer, the Government or other authority or any decision of the Tribunal or the Special Appellate Tribunal under this Act in respect of matters to be determined for the purposes of this Act shall, subject only to any appeal or revision provided under this Act, be final.

(2) No such order or decision shall be liable to be questioned in any court of law.

Section 25. Jurisdiction of courts barred in certain cases

25. Jurisdiction of courts barred in certain cases.- (1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.

(2)(a) No suit, prosecution, or other proceeding shall lie against any officer or servant of the Government 2 for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.

(b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the bourse of the execution of the duties, or the discharge of the functions imposed by or under this Act.

(3) No suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder after the expiry of six months from the date of the act complained of.

Section 26. Liability of person un-authorisedly occupying Sreepandaravaka land to forfeiture of crops, etc.

26. Liability of person un-authorisedly occupying Sreepandaravaka land to forfeiture of crops, etc.- When, under this Act, any person is dispossessed of any Sreepandaravaka land, any crop or other produce raised on the land and any building or other construction erected or anything deposed 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.

Section 27. Provision for Sanketham staff

27. Provision for Sanketham staff.- Notwithstanding any law, custom or contract to the contrary, the following provisions shall apply in regard to the persons employed in the Sanketham Department immediately before the appointed day:-

(1) The Government shall have power to terminate the services of any such person after giving him one calender 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.

Section 28. Power to make rules

28. Power to make rules.- (1) The Government may make rules to carry ??? it the purposes of this Act.

(2) In particular and without prejudice to the ??? of the foregoing power, such rules may provide ???-

(a) all matters expressly required or allowed by this ??? to be prescribed;

(b) the time within which a claim under section 9 may be made;

(c) the procedure to be followed by the Tribunals, ??? Special Appellate Tribunal, authorities and officers ??? or having jurisdiction under this Act;

(d) the delegation of powers conferred by this Act ??? the Government or any other authority, officer or ???;

(e) the time within which appeals and applications ??? revision may be presented under this Act in cases for ??? no specific provision in that behalf has been made ???;

(f) the application of the provisions of the Code of ??? Procedure, 1908 (Central Act V of 1908) to application ??? appeals and proceedings under this Act;

(g) the fees to be paid in respect of applications and appeals under this Act;

(h) the transfer of proceedings from one Tribunal, authority or officer to another.

(3) A rule made under clause (d) of sub-section (2) may provide for restrictions and conditions subject to which the power delegated may be exercised and also for control and revision by the delegating authority, either suo motu or on application, of the orders of the authority or person to whom the power is delegated.

(4)(a) All rules made under this Act shall be published in the ^*Fort St. George Gazette and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

(5) Every rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Section 29. Power to remove difficulties

29. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require by order, do anything which appears to them to be necessary for the purpose of removing the difficulty.

(2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under at order.

Section 30. Act to override contract and other laws, etc.

30. Act to override contract and other laws, etc.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom, usage or contract.

Section 31. The Temple not liable to maintain certain Devaswoms

31. The Temple not liable to maintain certain Devaswoms.- With effect on and from the appointed day, the Temple shall not be liable to maintain the Devaswoms mentioned in Part II of Schedule II to the ¹[Tamil Nadu] (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act 30 of 1959)^* and the right to administer the said Devaswoms by the Temple shall cease.

Section 32

32. [The amendments made by this section have been incorporated in the principal Act, viz., the ^*Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act 30 of 1959).]