Tamil nadu act 004 of 1866 : Tamil Nadu Enfranchised Inams Act, 1866

Preamble

[3(Tamil Nadu) Enfranchised Inams Act, 1866]*

3[Tamil Nadu Act No. 4 of 1866]4[24th September, 1866]

An Act to exempt enfranchised village or other service Inams, whether Revenue or Police, from the operation of Regulation VI of 18315

Whereas in the 6[State of Tamil Nadu] certain inams attached to hereditary village or other officers in the Revenue and Police Departments-the claims connected with which are, under the provisions of Regulation VI of 18311, exclusively ad-judicable by the officers of Government in the Revenue Department-have been, and may yet be, under sanction of Government, enfranchised from the condition of service and placed in the same position as other descriptions of landed property, in regard to their future succession and transmission; It is hereby enacted as follows:-

3 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

4 Short title, "The Madras Enfranchised Inams Act, 1866" was given by the Repealing and Amending Act, 1901 (Central Act XI of 1901). As to the true intent and meaning of this Act, see Tamil Nadu Act VIII of 1869.

5 Regulation VI of 1831 has been repealed by the Madras Hereditary Village Offices Act, 1895 (Madras Act III of 1895), which Madras Act has since been repealed by Tamil Nadu Act 20 of 1968.

6 This expression was substituted for the expression "Madras Presidency" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

1 Regulation VI of 1831 has been repealed by the Madras Hereditary Village Offices Act, 1895 (Madras Act III of 1896), which Madras Act has since been repealed by Tamil Nadu Act 20 of 1968.

* Received the assent of the Governor on the 30th August, 1866, and of the Governor-General on the 24th September, 1866

Section 1. Regulation VI of 1831 not to apply to enfranchised service inams

1. Regulation VI of 1831 not to apply to enfranchised service inams.- All hereditary village or other service inams, falling hitherto exclusively under the cognizance of the officers of Government in the Revenue Department, under the provisions of Regulation VI of 18311 which have been or shall be enfranchised from the condition of service by the Inam Commissioner, or other officer acting under the sanction of 2[the State Government], shall be exempt from the operation of the aforesaid Regulation.

1 Regulation VI of 1831 has been repealed by the Madras Hereditary Village Offices Act, 1895 (Madras Act III of 1896), which Madras Act has since been repealed by Tamil Nadu Act 20 of 1968.

2 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

Section 2. Evidence of enfranchisement

2. Evidence of enfranchisement.- The title-deed issued by the Inam Commissioner or other officer duly authorized or an authenticated extract from the register of the Commissioner or other officer, shall be deemed sufficient proof of the enfranchisement of the land previously held on service tenure.

Section 3. Act not to have retrospective effect

3. Act not to have retrospective effect.- Provided that nothing in this Act shall be construed as authorizing any Court of Civil Judicature to call into question decisions affecting any service inams which may have been already passed by revenue officers acting under the provisions of Regulation VI of 18311 prior to the enfranchisement of such inams.

1 Regulation VI of 1831 has been repealed by the Madras Hereditary Village Offices Act, 1895 (Madras Act III of 1896), which Madras Act has since been repealed by Tamil Nadu Act 20 of 1968.