Tamil nadu act 039 of 1964 : Tamil Nadu (Transferred Territory) Jenmikaram Payment Abolition 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 ¹[Tamil Nadu] (Transferred Territory) Jenmikaram Payment Abolition Act, 1964.

(2) It extends to the whole of the transferred territory.

(3) This Chapter [except clauses (1), (5), (7) and (9) to (11) of section 2] and sections 4 to 11, 17, 18 and 29 to 36 shall come into force at once and the rest of this Act shall come into force on the date of expiration of a period of six months from the date of the publication of this Act in the Fort St. George Gazetted.^*

Section 2. Definitions

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

(1) "appointed day" means the date of expiration of a period of six months from the date of the publication of this Act:

¹[Provided that in the case of anyjenmom land included in the Register of Jenmikarams after the date of expiration of a period of six months from the date of the publication of this Act, ‘appointed day’ means the date of inclusion of such jenmom land in the Register of Jenmikarams];

(2) "Assistant Settlement Officer" means an Assistant Settlement Officer appointed under section 6 and having jurisdiction;

(3) "date of the publication of this Act" means the date of the publication of this Act in the Fort St. George Gazette^*;

(4) "Director" means the Director of Settlements appointed under section 4;

(5) "fasli year" means the year commercing on the first day of July;

(6) "Government" means the State Government;

(7) "jenmi" means any individual or any religious, educational or charitable institution-

(i) specified as jenmi in the Register of Jenmikarams or the heirs, assigns or legal representatives of such individual, or persons deriving rights through such institution; and

(ii) entitled to receive jenmikaram immediately before the appointed day under the Jenmi and Kudiyan Act;

(8) "Jenmi and Kudiyan Act" means the Travan-core Jenmi and Kudiyan Act of 1071 (Travancore Act V of 1071);

(9) "jenmikaram" in respect of any land means the amount entered as jenmikaiam in the Register of jenrnikarams in respect of that land and payable by the kudiyan to the jenmi every year under the Jenmi and Kudiyan Act;

(10) "kudiyan" means person-

(i) specified kudiyan in the Register of Jenmikarams or his heirs, legal representatives or assigns and

(ii) liable to pay jenmikaram immediately before the appointed day under the Jenmi and Kudiyan Act;

(11) "Register of Jenmrkarams" means the register of jenmikaram as prepared under section 40-B of the Jenmi and Kudiyan Act and as in force on the date of the publication of this Act, and as modified after the said date-

(i) under the provisions of this Act, or

(ii) by the order of any competent authority or court in any proceeding instituted under the Jemni and Kudiyan Act before the date of the publication of this Act;

(12) "Settlement Officer" means a Settlement Officer anointed under section 5 and having jurisdiction;

(13) "transferred territory" means the Kanyakumari district and the Shencottah taluk of, the Tirunelveli district;

(14) "Tribunal" means a Tribunal constituted under section 8 and having jurisdiction.

Section 3. Jenmikaram to be abolished

Chapter-II - Abolition of Jenmikaram

CHAPTER II

Abolition of Jenmikaram

3. Jenmikaram to be abolished.- (1) With effect on and from the appointed day, no jenmi shall have the right to receive payment of jenmikaram and no kudiyan shall be liable to pay jenmikaram to the jenmi; and the right to receive payment of, and the liability to pay, jenmikaram shall stand extinguished

(2) With effect on and from the appointed day and save as otherwise expressly provided in this Act, any rights and privileges which may have accrued in respect of ??? any person before the appointed day against the jonmi shall cease and determine, and shall not ??? against the Government or against the ??? every such person shall be entitled only to such rights and privileges as are recognised or conferred of him by or under this Act.

Section 4. Appointment and functions of the Director of Settlements

4. Appointment and functions of the Director of Settlements.- As soon as may be, after the date of the publication this Act, the Government shall appoint a Director of ??? to carry out the functions and duties assigned to him by or under this Act. The Director shall be ??? to the Board of Revenue.^*

Section 5. Appointment and functions of Settlement Officers

5. Appointment and functions of Settlement Officers.- (1) As soon as may be, after the dato of there of the publication of this Act, the Government shall appoint one or ??? Settlement Officers to carry out the functions and ??? assigned to them by or under this Act.

(2) Every Settlement Officer shall he subordinate ??? the Director and shall be guided by such lawful ??? as he may issue from time to time ??? the Director shall also have power to cancel or revise any of the Orders, ??? or proceedings of the Settlement Officer, other than pose in respect of which an appeal lies to the Director or to the Tribunal under this Act.

Section 6. Appointment and functions of Assistant Settlement Officers

6. Appointment and functions of Assistant Settlement Officers.- (1) As soon as may be, after the date of the publication of this Act, the Government may appoint one or more Assistant Settlement Officers to carry out the function and duties assigned to them by or under this Act.

(2) Every Assistant Settlement Officer shall be ??? to the Settlement Officer and shall be guided by such lawful instructions as he may issue, from time to ??? and the Settlement Officer shall also have power ??? cancel or revise, within such period, as may Depressed, any of the orders, acts or proceedings of the Assistant settlement Officer.

Section 7. Powers of control of the Board of Revenue

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;

(b) to issue instructions for the guidance of the Director, 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 Director or the Settlement Officers other than those in respect of which an appeal lies to the Tribunal under this Act.

Section 8. Constitution of Tribunals

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

(2) Every Tribunal shall consist of one person only who shall be a Judicial Officer not below the rank of Subordinate Judge.

(3) Every 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 9. Inclusion of certain jenmom lands in the Register of Jenmikarams

Chapter-III - Inclusion of Jenmom Land or Amendment of entries in the Register of Jenmikarams

CHAPTER III

Inclusion of Jenmom Land or Amendment of entries in the Register of Jenmikarams

9. Inclusion of certain jenmom lands in the Register of Jenmikarams.- (1) Where any person claims that any jenmom land in respect of which he is the jenmi or the kudiyan has not been included in the Register of Jenmikarams, as in force on the date of the publication of this Act, he shall make an application to the Settlement Officer for inclusion of such jenmom land in the Register of Jenmikarams:

Provided that no application shall be made under ??? Sub-section in respect of any land, if in respect of that ??? any proceeding has already been instituted under the ??? and Kudiyan Act for its inclusion in the Register ???.

(2) An application under sub-section (1) shall ??? such particulars as may be prescribed and shall accompanied by the documents relied on by the ??? as evidence in support of his claim.

¹(3) An application to the Settlement Officer under sub-section (1) shall be made within such period as may be ascribed:

Provided that the Settlement Officer may in his ??? allow further time not exceeding such period may be prescribed for the filing of such application.]

(4)(a) Before passing an order on an application under sub-section (1), the Settlement Officer shall fallow ??? procedure as may be prescribed and if he decides that the land specified in the application should be included ??? the Register of Jenmikarams, he shall pass an order ???.

(b) The order referred to in clause (a) shall contain ??? particulars of the jenmom land, the name of the jenmi and of the kudiyan and the amount of jenmikaram payable and such other particulars as may be prescribed.

(c) If the Settlement Officer decides that there is ??? case for inclusion of the land in the Register of ??? he shall reject the application.

Explanation.-For the purposes of this Chapter, "jenmi", "jenmikaram", "jenmom land", "kudiyan" and Register of Jenmikarams" shall have the same meaning in the Jenmi and Kudiyan Act.

Section 10. Modification of entries in respect of jenmom land

10. Modification of entries in respect of jenmom land.- (1) Where any person claims that in respect of any jenmom land already included in the Register of ??? as in ??? the date of the ??? this Act, any modification ??? entries relating to the name of the jenmi or ??? as entered in the said Register either by reason of they ??? of the ??? or by ??? of Era transfer, of interest or by ??? of any other ??? in circumstances and where such person ??? any proceeding ??? make an ??? the Settlement Officer ??? entries in the Register of Jenmikarams.

Explanation.-Nothing in this sub-section shall be deemed to entitle any person to make any application for the omission of any jenmom land from the Register of ??? or ??? altering the total amount of the jenmikaram as entered in the said Register.

(2) An application under sub-section. (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents relied on by the applicant as evidence in support of his claim.

¹[(3) An application to the Settlement Officer under sub-section (1) shall be made within such period as may be prescribed:

Provided that the Settlement Officer may in his discretion allow further time not exceeding such period as may be prescribed for the filing of such application.]

(4)(a) Before Passing an order on an application sub-section (1) the Settlement Officer shall follow ??? as may be prescribed and if he decides should be made in respect of the, ??? jenmi or of the kudiyan in respect of ??? shall ??? the ??? making such incidental and in the Register of ??? as ??? or desirable for ??? to his ???

(b) If the Settlement Officer decides, that there is ??? for effecting any modification in the entries in the ??? of Jenmikarams he shall reject the application.

Section 11. Entries in the Register of Jenmikarams deemed to be correct

11. Entries in the Register of Jenmikarams deemed to be correct.- For the purposes of this Act, the entries in the ??? of Jenmikarams as in force on the date of the Ration of this Act shall, be deemed to describe correctly right title and interest of the jenmi and kudiyan Reined in respect, ??? the land to which they relate, ??? however, to any inclusion, modification or ??? required to be made by an order passed after said date-

(i) by the Settlement Officer under, section 9, 10, subject to modification, if any, made on appeal or ??? under this Act or

(ii) by any competent authority or court in any ??? instituted under the Jenmi and Kudiyaw Act ??? the said date.

Section 12. Scale of compensation to enmi

Chapter-IV - Determination and Payment of Compensation

CHAPTER IV

Determination and Payment of Compensation

12. Scale of compensation to enmi.- In the case of any jenmi (not being a religious, educational or charitable institution), the ??? shall pay to the jenmi concerned as compensation an amount equal to ten times the aggregate of the annual amount of jenmikaram payable to him after deducting ??? equal to two and a half per cent of the said aggregate on account of collection charges.

Section 13. Payment of tasdik allowance to religious, educational or charitable institution

13. Payment of tasdik allowance to religious, educational or charitable institution.- (1) Where the jenmi is a religious, educational or charitable institution, the Government shall pay to the institution every fasli year commencing with the fasli year in which the appointed day falls an amount equal to the tasdik allowance as calculated under sub-section (2).

(2) The tasdik allowance shall be a sum equal to the aggregate of the annual amount of jenmikaram payable to the religious, educational or charitable institution after deducting a sum equal to two and a half per cent of the said aggregate on account of collection charges.

(3) The payment shall be made to the institution under this section so long as it exists.

Section 14. Determination of compensation and tasdik allowance

14. Determination of compensation and tasdik allowance.- (1) The Settlement Officer shall, by order in writing and on the basis of the entries in the Register of ???, determine in respect of each jenmi the compensation payable under section 12 or, as the case may be, the tasdik allowance payable under section 13.

(2) Any jenmi or other person interested may, within such time as may be prescribed or such further time as the Settlement Officer may, in his discretion, allow, apply in writing to that officer for a copy of the data on the basil of which he proposes to determine the compensation or tasdik allowance payable.

(3) On receipt of such application, the Settlement Officer shall furnish the date 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) ??? communicated to the jenmi and also to every ??? under sub-section (2).

(5)(i) The Settlement Office may, at any time, there suo motu or on the application of any person, ??? order passed by him under sub-section (1) on any ??? more of the following grounds, namely:-

(1) that the said order is vitiated by any clerical arithmetical mistake or error apparent on the face of record, or

(2) that the said order requires to be modified pursuance of the final order of any competent authority Court:

Provided that the Settlement Officer shall not ??? the powers under this sub-section without giving ??? jenmi concerned and every applicant under this sub-section and sub-section (2), a reasonable opportunity ??? heard.

(ii) A copy of every order passed under this sub-section shall be communicated to the Board of Revenue^* and also to the jenmi concerned and every applicant ider this sub-section and sub-section (2).

(6) Any person deeming himself aggrieved by an ??? made under sub-section (1) or sub-section (5), may, ??? one month from the date of the order or such further ??? as the Director may, in his discretion, allow appeal?the Director; and the Director shall, after giving the ??? a reasonable opportunity of being heard, pass ??? orders on the appeal as he thinks fit.

(7) The ^*Board of Revenue may, in its discretion, any time, either suo moto or on the application of any ??? call for and examine the record of any order tssed, or proceeding taken, by the Director or the Settlement Officer ??? this section, for the; ??? itself as to the legality, ??? such order or proceeding and pass such order in reference thereto as it thinks fit.

Provided that the compensation or the tasdik allowance payable to the jenmi shall not be altered by the Board without giving him and every person who has made an application under this sub-section and sub-section (2), a reasonable opportunity of being heard.

(8) Notwithstanding anything contained in sub-section (6) or sub-section (7), the ^*Board of Revenue may, on application made to it by the Director or the Settlement Officer or by any other person in that behalf, review any order passed by it under sub-section (7), if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by a mistake and may make such order on the application as it thinks fit:

Provided that no application for review shall be granted by the Board of Revenue^* without previous notice to the jenmi, and to the applicant, to enable them to appear and be heard in support of the order, a review of which is applied for.

(9) No order passed by the Settlement Officer under sub-section (1) or sub-section (5) shall be liable to be cancelled or modified except by the Director or the ^*Board of Revenue as aforesaid; no order passed by the Director under sub-section (6) shall be liable to be cancelled or modified except by the ^*Board of Revenue as aforesaid; and no order passed by the ^*Board of Revenue under sub-section (7) or sub-section (8) shall be liable to be cancelled or modified by the Government or any other authority.

Section 15. Manner of payment of compensation and tasdik allowance

15. Manner of payment of compensation and tasdik allowance.- The compensation and the annual tasdik allowance payable under this Act shall be paid in cash and in one lumpsum.

Section 16. Payment of compensation

16. Payment of compensation.- (1) The amount of compensation finally deter ??? as payable to the jenmi (not being a religious, ??? or charitable institution) shall, on application ??? jenmi concerned to such authity and within such tod as may be prescribed, be paid to him.

(2) In disposing of an application under sub-section the prescribed authority shall follow such procedure Bay be prescribed.

(3) Where it is alleged that the interest of the jenmi tied to receive payment of the compensation has Dived on any other person or persons, whether by of parties or by operation of law, the prescribed ??? shall determine whether there has been any ??? of the interest, and if so, on whom it has devolved, the amount of compensation shall be paid to the ??? on whom such interest has devolved.

Section 17. Appeal

17. Appeal.- Any person aggrieved by the decision of the ??? Officer under section 9 or 10, or by the decision the prescribed authority under section 16 may, within ??? months from the date of the decision, appeal to the ???

Provided that the Tribunal may, in its discretion, ??? further time not exceeding two months for the ??? of such appeal.

Section 18. Revision by High Court

18. Revision by High Court.- The Tribunal shall be deemed to be a Court ??? to the High Court for the purposes of section of the Code of Civil Procedure, 1908 (Central Act of 1908) and its orders shall be liable to revision by the ??? Court under the provisions of that section.

Section 19. Unclaimed and undisbursed amounts, how deal with

19. Unclaimed and undisbursed amounts, how deal with.- (1)(a) All amounts remaining unpaid and With ??? to which no application for ??? the time prescribed under section 16 and

(b) all amounts remaining unpaid after the expiry ??? of six months from the dater of disposal of Implication under section 16 or from the, date of the lion on appeal or revision under section 17 or 18, the case may be,

shall be deposited in the District Court having jurisdiction and in cases falling under clause (b) in the name of the person or persons in whose favour an order for payment has been made by the prescribed authority, or the Tribunal, or the High Court, as the case may be.

(2) All amounts deposited in the District Court under sub-section (1) shall be dealt with by the District Court in accordance with such rates as may be made by the Government in this behalf.

(3) Every person making a claim to, or enforceable, against, any amount held in deposit under sub-section (1) shall apply to the District Court in the prescribed form setting forth his claim.

(4) The District Court shall, after giving-notice to all persons who have applied under sub-section (3) and to any others whom it considers to be interested; make inquiry into the validity of the claims received by it and subject to the provisions of sub-section (5) determine the persons who are entitled to the amount held in deposit and the amount to which each of them is entitled.

(5) Every order for payment made by the prescribed authority, the Tribunal or the High Court in favour of any person shall be binding on the District Court.

Section 20. Wrong and excess payments to be recoverable as land revenue

20. Wrong and excess payments to be recoverable as 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 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 amount due to such person shall be recoverable as if it were an arrear of land revenue.

Section 21. Restriction on the jurisdiction of prescribed authority, Tribunal and High Court

21. Restriction on the jurisdiction of prescribed authority, Tribunal and High Court.- In respect of the compensation finally ??? of the ??? authority; Tribunal and the High Court shall be limited to the germination of the persons who will be Entitled to the ??? and the prescribed authority, the Tribunal ??? High Court shall not have junction to go into the ??? of the correctness of the determination or of the ??? of the compensation.

Section 22. Disbursement of compensation

22. Disbursement of compensation.- All payments of compensation made under this Act, shall be made by the prescribed authority in accordance with its orders and decisions subject to the ???, if any, made on appeal or on revision under Act.

Section 23. Kudiyan liable to pay contribution

Chapter-V - Recovery of Contribution from Kudiyans

CHAPTER V

Recovery of Contribution from Kudiyans

23. Kudiyan liable to pay contribution.- The Government shall be entitled to collect from ??? each kudiyan shall be liable to pay to Government, by way of contribution, an amount pal to ten times the aggregate of the annual amount of ??? payable by him.

Section 24. Determination of contribution

24. Determination of contribution.- (1) The Settlement Officer shall, by order in writing ??? on the basis of the entries in the Register of Jenmika, ??? determine in respect of each kudiyan the contribution payable by him under section 23.

(2) Any kudiyan or other person interested, may within such time as may be prescribed or such further ??? the as the Settlement Officer may, in his discretion allow ??? apply in writing to that officer for a copy of the data on ??? of which he proposes to determine the amount ??? payable under section 23.

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

(4) A copy of every order passed under sub-section (1) ??? be communicated to the kudiyan and also to every ??? under sub-section (2).

(5)(i) The Settlement Officer may, at any time, either suo motu or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely:-

(1) that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record, or

(2) that the said order requires to be modified in pursuance of the final order of any competent authority or court:

Provided that the Settlement Officer shall not exercise the powers under this sub-section without giving the kudiyan concerned and every applicant under this sub-section and sub-section (2), a reasonable opportunity of being heard.

(ii) A copy of every order passed under this sub-section shall be communicated to the ^*Board of Revenue and also to the kudiyan concerned and every applicant under this sub-section and sub-section (2).

(6) Any person deeming himself aggrieved by an order made under sub-section (1) or sub-section (5), may, within one month from the date of the order or such further time as the Director may, in his discretion, allow, appeal to the Director; and the Director shall, after giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.

(7) The ^*Board of Revenue may, in its discretion, at, any time, either suo motu or on the application of any person, call for and examine the record of any order passed, or proceeding taken, by the Director or the Settlement. Officer under this section, for the purpose of satisfying itself as to the legality, regularity, or propriety of such order or ??? proceeding and pass such order in reference thereto as it thinks fit:

Provided that the amount of contribution payable by the kudiyan shall not be altered by the Board without giving him and every person who has made an application Under this sub-section and sub-section (2), a reasonable opportunity of being heard.

(8) Notwithstanding anything contained in sub-section (6) or sub-section (7), the ^*Board of Revenue may, on application made to it by the Director or the Settlement Officer or by any other person in that behalf, review any order passed by it under sub-section (7), if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by a mistake and may make such order on the application as it thinks fit:

Provided that no application for review shall be granted by the ^*Board of Revenue without previous notice to the kudiyan and to the applicant, to enable them to appear and be heard in support of me order, a review of which is applied for.

(9) No order passed by the Settlement Officer under sub-section (1) or sub-section (5) shall be liable to be cancelled or modified except by the Director or the ^*Board of Revenue as aforesaid; no order passed by the Director under sub-section (6) shall be liable to be cancelled or modified except by the ^*Board of Revenue as aforesaid; and no order passed by the ^*Board of Revenue under sub-section (7) or sub-section (8) shall be liable to be cancelled or modified by the Government or any other authority.

Section 25. Recovery of contribution payable under the Act

25. Recovery of contribution payable under the Act.- (1) The amount of contribution payable by the kudiyan under this Act shall be paid to the Government in ten equal annual instalments at such place, in such banner, on such date and with interest at such rate as may be prescribed:

Provided that a kudiyan shall be entitled to pay the entire amount of contribution with a rebate of five per cent within a period of two years from the date on which he becomes liable to pay the contribution:

Provided further that a kudiyan shall be entitled to quent instalment or instalments and such excess shall be adjusted to world the subsequent instalment or instalments.

(2) The amount of contribution payable to the Government under this Act may be recovered as if it were an arrears of land revenue.

Section 26. Obligation of transferor and transferee to give notice of transfer

26. Obligation of transferor and transferee to give notice of transfer.- (1) Whenever the title of any person primarily liable to the payment of contribution under this Act is transferred, the person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it be registered, or after the transfer is effected, if no instrument be effected, give, notice of such transfer to the Assistant Settlement Officer or any other officer authorized ??? behalf by the Government (hereinafter in this section referred to as the authorized officer).

(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as heir or otherwise, shall give notice of such transfer to the Assistant Settlement Officer or the authorized officer within one year from the death of the deceased.

(3) The notice to be given under this section shall be in such form as may be prescribed and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the Assistant Settlement Officer or the authorised officer, any document evidencing such transfer or succession.

(4) Every person who makes a transfer as aforesaid, Without giving such notice to the Assistant Settlement Officer or the authorized ??? shall (in addition to any ??? may ??? through such neglect), ??? for the payments ??? contribution in ??? transferred until ??? notice or until the transfer shall have been recorded in the revenue registers, but nothing in this section shall be held to affect the ??? of the transferee for the payment of the said contribution.

Section 27. Transitional provision in regard to certain liabilities

Chapter-VI - Miscellaneous

CHAPTER VI

Miscellaneous

27. Transitional provision in regard to certain liabilities.- (1) All claims and, liabilities enforceable ??? before the appointed day against the jenmi in ??? of jenmikaram shall, on or after that day, he ??? against the ??? or the ??? allowance payable to the jenmi under this Act to the same ??? which such claims and liabilities, ??? enforceable against the jenmikaram immediately before the ??? Jay.

(2) No Court shalt on or after the appointed, day order or continue execution in respect or any decree or order passed against the ??? against the jenmikaram and execution shall be ordered or ??? in, such easels in conformity with the, provisions of sub-section (1) only as against the compensation or tasdik allowance payable to the jenmi.

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

Section 28. Collection of arrears

28. Collection of arrears.- Any amount of jenmikarain payable under the Jenmi and kudiyan Act, which accrue, due from any ??? and is outstanding on, the appointed day, shall be recovered as if this Act had not been passed.

Section 29. Res Judicata

29. Res Judicata.- The decision of a Tribunal or the High Court in any proceeding under this Act on any matter falling within jurisdiction, shall be, binding on the parties thereto and ??? claiming under then, 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 its thereto and persons claiming under them in any proceeding under this Act in so far as such matter is in issue between the parties or persons aforesaid in such proceeding.

Section 30. Limitation

30. 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 for 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 ??? 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 31. Finality of orders passed

31. Finality of orders passed.- (1) Any order passed by any officer, the ^*Board of Revenue or other authority or any decision of the Tribunal or the High Court under this Act in respect of matters to be determined for the purposes of this Act shall, subject 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 32. Bar of jurisdiction of Civil Courts

32. Bar of jurisdiction of Civil Courts.- Except as otherwise provided in this Act, no Civil Court shall have jurisdiction to decide or deal with any question which is by or matter this Act required to be decided or dealt with by any officer, the ^*Board of Revenue, the Tribunal or other authority.

Section 33. Indemnity

33. Indemnity.- (1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done lender 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 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 course of the execution of the duties or the discharge of the functions imposed by or under this Act.

(3) No suit, prosecution or other 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 expiration of a period of six months from the date of the act complained of.

Section 34. Power to make rules

34. Power to make rules.- (1) The Government may make rules to carry out the purposes of this Act.

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

(a) all matter expressly required or allowed by this Act to be prescribed;

(b) the procedure to be followed by the Tribunals authorities and officers appointed, or having jurisdiction under this Act;

(c) the delegation of powers conferred by this Act on the Government or any other authority, officer or person;

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

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

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

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

(3) A rule made under clause (c) 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 swo motu or on application, of the order of the authority of 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 in to 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 ??? on the table of both Houses of the Legislature ??? if, before the expiry of the session in which it is so ??? placed ??? 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 ??? or issued, the rule or notification shall thereafter have ??? only in such modified form or be of no effect, ??? the, case may be, ??? however, that any such modification ??? annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Section 35. Power to remove difficulties

35. 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 she difficulty.

(2) every order issued under sub-section (1) shall, as loon 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 border or both Houses agree that the order should not be ??? the order shall thereafter have effect only in such ??? form or be of he 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 order.

Section 36. Act to override contract and other laws, etc.

36. 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 37. Repeal of Travancore Act V of 1071

37. Repeal of Travancore Act V of 1071.- (1) With effect on and from the appointed day, the Travancore Jenmi and Kudiyan Act of 1071 (Travancore Act V of 1071) shall stand repealed.

(2) Notwithstanding the repeal of the Travancore Jenmi and Kudiyan Act of 1071 (Travancore Act V of 1071) by sub-section (1), the right of ownership of the kudiyan in the land in respect of which he was liable to pay jenmikaram immediately before the appointed day shall not be deemed to be affected, and for the removal of doubts it is hereby declared that he shall continue to, be the owner of such land.

Section 38. Repeal of sections 2(e) and 12 of the Ryotwari Settlement Act

38. Repeal of sections 2(e) and 12 of the Ryotwari Settlement Act.- With effect on and from the appointed day, section 2(e) and section 12 of the ¹(Tamil Nadu] (Transferred Territory) Ryotwari Settlement Act, 1964, shall stand repealed.