441
THE VALIAMMA THAMPURAN KOVU..AKAM ESTATE AND
THE PALACE FUND (PARTITIO'l'IJ
Preamble Sectzons
I.
2.
ACT, 1961.
(ACT 16 OF 1961)
CONTENTS
Short title and commencement Definitions.
3. Maharaja of Cochin to order partit10n. 1-. Share of members.
5. Power to exclude properties from partition.
6. Execution and registration of partition deed.
7. Suit for partitiOn barred.
8. Personal pnvi!eges of the Maharaja not to be affected.
9. Pay, pension etc., of employees to be a charge.
10. Amendment of the Hindu Succession Act, 1956.
11. Amendment of the ProclamatiOn.
ACT 16 OF 1961
\
THE VALIAMMA THAMPURAN KOVILAKAM ESTATE AND
THE PALACE FUND (PARTITION) ACT, 1961* An Act to make proviszon for the partztzon of the Valzamma Thampuran Kovzlakam Estate and the Palace Fund
Preamble.-WHEREAS 1t IS considered necessary to make proviSion for the partition of the Vahamma Thampuran Kovi!akam Estate and the Palace Fund belongmg to the famdy.ofthe Maharaja ofCochin; BE it enacted in the Twelfth Year of the Republic of Ind1a as follows:-
1. Short tit/( and commencement.-(!) This Act may be called the Valiamma Thampuran Kovilakam Estate and the Palace Fund (Partition) Act, 1961. ('
(2) It shall come mto force at once. * Received rhe assent of the President on 6th May 1961 and published in the gazette Extraordinary dated 18th May 1961.
34/4095
l
'. '
'
~
I •"' '.I «2
2. Dejimtzons.-In th1~ Act, unless the context otherwise lequires,-
(a) "Board" means the Board of Trustees appointed under Sect ion 3 of the Proclama t10n;
(b) "Estate" means the Valiamma Thampuran Kovilakam Estate and all properties belong111g to the sa1d Estate; ' (c) "Maharja ofcochin" means the Ruler of the former State of Cochin w1thin the mean111g of clause (22) of Article 366 of the Constitution of India,
(d) "Member" means a member of the family of the Maharaja', ofCoch111;,
(e) "Palace Fund" shall have the same meaning as in clause (c) of sectiOn 2 of the Proclamation;
(f) "ProclamatiOn" means rhe P10clamation (IX of 1124) dated 29th June, 1949 P10mulgated by the MaharaJa of Cochin.
3. Maharaja of Cochzn to order Partitzon .-(I) Notwithstanding anyth111g contained m section 22 of the ProclamatiOn, 1fa request m wnting IS made by the majonty of the major member~, and the Maharaja of Cochin IS satisfied that in the 111terests of the family 1t would be desirable to partitiOn the Estate and the Palace Fund, among all the members, he may declare h1s decision to effect a partition under his supervisiOn and control, and direct the Board to proceed With the partition.
(2) The dec.ision of the Maharaja ofCoch111 under sub-section (1) shall be published by the Board m the Gazette m English and Malayalam, and a copy of the notification shall be affixed 111 a
conspicuous place at the office ofthe Board.
4. Share of members.-( I) Each member shall be entitled to an equal share of the Estate and the Palace Fund.
_ (2) The share obtained by a member on partition shall be the separate property of the member.
(3) A child who IS in the womb on the date of the publication of the deciSion under section 3 and who IS ~ubsequently born alive shall have the same nght for a share 111 the Estate and the Palace Fund as any other member as 1f he or she had been born on or before the date of such publication.
5. Power to exclude propertier from partitzon.-(1) Notw1thstandm3 anythmg contained m section 3, the Maharaja of Cochin may, 1f he IS satisfied that any specified property or properties of the Estate and the Palace Fund shall not be partitioned, but shall 1 cmam as common property for the benefit of the family, exclude such property or proper- ties from bemg partitiOned.
(2) Any property excluded under sub-sectwn (I) shall be ~ubject to the management of the Boa1 d and the proviSions of the Proclamation shall apply to such p: operty.
_____ ..Lj __ .... __ _., __ • _____ ._ ______ .. ___ _
2
14 " I t)
6. Execution and regutration of partztion deed.-The deed of partition shall be executed on behalf of all the memberc; by the Maharaja of Cochin and the members of the Board and shall be binaing on all the members of the family and shall be registered under the provisiom of the Indian Registrat10n Act, 1908 (Central Act 16 of 1908).
7. Suitjor partitwn barred.-Nothmg m this Act shall be deemed to confer on any member the nght to imtitute a suit for partition of the Estate and the Palace Fund.
V. Personal prwileges ofthe Maharaja not to be affected.-The partitiOn of the Estate and the Palace Fu·na under the provis10ns of this Act shall not be deemed to affect the personal nght~, privileges, dignities and titles guaranteed to the Maharaja ofCochin and to the membe1s of his family by the Covenant entet ed mto by the"' Rulers of Ttavancore and Cochln for the formation of the State of Travancore-Cochin. 9, Pay, pension etc., of employees to be a charge.-The part1t10n of the Estate and the Palace Fund under the proviSions of this Act shall not affect the claims of any employee for the pay, gtatUity or provident fund due to him tmmediately before pat tttwn and suitable provision shall be made m partition for payment of such amounts out of the Estate and the Palace Fund. 1 he amounts due to the employees by way of pay, gratuity or provident fund shall be a charge on the Estate and the Palace Fund.
10. Amendment of the Hmdu Succession Act, 1956.-Clause (iii) of ~ection 5 of the Hindu Succession Act, 1956 (Central Act 30 of 1956), shall be omitted with effect on and from the date of the execut1on of the partition deed under section 6.
11. Amendment of the Proclamatioll -In the Proclamation (IX of 1124) dated 29th June, 1949, promulgated by the MaharaJa of Cochm-
(i) in section 4, for the words "so a~ to secure representation for each of the four mam thavazhies", the w01 ds "so as to secure rept esen- tation, as far as pos~ible, for each of the fow· mam thavazhies'' shall be substituted;
(ii) sub-section (2) of section 21 shall be om1tted.
I
/ ) ( ~~. ' . \ I\.
. . \ ' :".' \) l II I ,.
3