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THE SREE PANDARAVAKA LANDS (VESTING AND
ENFRANCHISEMENT) ACT, 1971
(Act 20 of 1971)
CONTENTS
~ Preamble.
Sections
1. Short t1tle and commencement
2. DefinitiOns.
3. Extinguishment and vesting of certam nghts of the Temple.
4. Landholders to be vested w1th propnetary ri,5ht.
5. Treatment ol Thanathu lands G. Compensatwn to the Temple
7 Certam landholders to pay eompensatwn for nghts vested m them.
8 Liability to pay baste tax.
9 Issue of pattas and other documents to landholders.
10. Appomtment of officers to s\?ttle compensahon pay- able by landholders and for tssue of pattas
11 Appeal
12 Revision.
13 CollectiOn of_ arrears of rent.
14 Certam amounts to be first charge 1;) ProviSIOn for Melkanganam staff
16 Admm1stratwn of temples under management of Melkanganam
17 Fmahty of orders
18. lndemm!y l C) ProvisiOns in regard to habihhes of the Temple.
20 Board of Revenue, D1stnct Collector and other officers to have certam powers of ctvil court
21 Power to make rules
22 Effect of thts Act. 2:1 Amendment of seclwn 2, Act 13 0f HHll The Schedule.
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THE SREE PANDARA VAKA LANDS (VESTING
AND ENFRANCHISEMENT) ACT, 1971 * (Act 20 of 1971)
An Act to provide for the enfranchisement of Sree Pandara- vaka lands held by landholders and for the vesting in the Government of certain Sree Pandaravaka Thanathu lands
Preamble.-WHEREAS It is expedient to provide for the enfranchisement of Sree Pandaravaka lands held by land- holders and for the vestmg in the Government of certain Sree Pandaravaka Thanathu lands ;
BE 1t enacted tn the Twenty-second Year of the Repubhc of Incl1a as follows.-
1 Short title and commencement.-(!) This Act may be called the Sree Pandaravaka Lands (Vesting and Enfranchise- ment) Act, 1971
(2) It shall come mlo force on such date as the Government may, by notificatiOn in the Gazette, appoint
2. Definitions.-In this Act, unless the context otherwise ~ reqmres,-
(a) "appom1ed day" means the day on which this Act comes mto force ;
(b) "basic tax ' means the tax imposed under the pro- visiOns of the Kerala Land Tax Act, 1961 (13 of 1961);
(c) "financial year" means the year commencmg on the 1st day of Apnl; '
(d) "holdmg" means any parcel or parcels of Sree Pandaravaka land held by a landholder ,
(e) "kuthakapattom'' means a lease of Sree Pandaravaka 'l'hanathu lands or of trees on such lands granted for a con- SideratiOn payable m money or m kmd or m both, whether annually or otherwise ;
(f) "Jandholder" means a pE-rson who holds Sree Pandara- vaka land directly under the Temple on Pattom. Otti, Jenmom, Kudqenmom or Danam or under any other tenure by whatever name called, and includes his heirs, legal -------------·---- --
*Pubhc;hed m the Gazette Extraordmary No. 295, dated 2Rth .Tune, 1971.
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representahves and assigns, but not include a person who '·olds Sree Pandaravaka Thandthu lands on kuthakapattom;
(g) "prescnbed" means prescnbed by rules made under ?bs Act,
(h) ''rent" means whatever IS lawfully pdyable 111 money or m kmd or m both, to the Temple by a landholde1 tor the use and occupatiOn of any Sree Pandaravaka land .
(i) "S1 ee Pandaravaka land" means any land owned bv the Sree Padmanabhaswamy Temple and registered m :he revenue records as "Sree Pandaravaka";
(J) ··sree Pandaravaka Thanathu land" means land registered as "Sree Pandaravaka Thanathu" m the revenue records and includes such land<> held on kuthakapattam,
(k) "Temple" means the Sree Padmanabhaswamy Temple at Tnvandrum
3 Extinguishment and vesting of cet·tain rights of the Temple.-(1) Notwithstanding anythmg contamed in any law or contract or m any judgment, decree or order of court, wtth pffect on and from the appom1ed day,-
(::!) all nghts, title and mterest of the Temple m all Sree Pandaravaka lands held by landholders shall stand extmgmshed .
(b) all nghts, title and mterest of the Temple in all Sree Pandaravaka Thanathu lands, except those referred to m sub-sectiOn (2), shall vest m the Government;
(c) every bmldmg which Immediately before the appomted day belonged to the Temple and was then bemg used as an office m connectiOn with the admmistratwn of the Melkanganam branch of the Sree Pandaravaka Department t~nd for no other purpose, shall vest absolutely m the Govern- ment free of all enc•1mbrances
Explanation.-For the purposes of this sub-sectiOn.
"bmldmg'' mcludes the site on which I•t stands nnd any land appurtenant thereto
(2) Nothmg contamed m sub-section (1) shall apply to the lands specified in the Schedule
(J) The Government may, on bemg satisfied that any S1·ee Pandaravaka Thanathu land is absolutely mdtspensahle for the mamtenance, upkeep and use of the Sree Padmanabha- swamy Temple, or any temple at,tached thereto, dn·ect. bv 1J23-13a
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notification in the Gazette, that the rights, title and interest in respect of such land shall cease to vest m the Government and thereupon such nghts, title and interest shall re-vest m the Sree Padmanabhaswamy Temple.
(4) If any questwn arises as to whether any buildmg falls or does not fall Within the scope of sub-section (1), 1t shall be referred to rthe Government whose decisiOn thereon shall be final and shall not be liable to be questioned m any court of law.
4 Landholders to be vested with proprietary right.- Notwilhslanding anything contamed in any law or contract or m any JUdgment, decree or order of court, with effect on and from the appomted day,-
(a) every landholder shall, subject to the provlSions of sectiOn 8, have full proprieltary nght m the land compnsed m his holdmg, and such right shall be hen table and ahenable;
(b) except as provided m sectwn 13, no landholder shall be hable to pay rent to rthe Temple.
5. Treatment of Thanathu Iands.-(1) Where in respect of Sree Pandaravaka Thanathu lands vested in the Govern- ment under clause (b) of sub-sectwn (1) of sectiOn 3, there 1s a lease on kuthakapattam, such lease shall be deemed to continue under the Government on the same terms and cond1t10ns as under the Temple
(2) SubJect to the provtstons of sub-sectwn (1), the Government may, at any ~Ime after the appointed day, after reserving the Sree Pandaravaka Thanathu lands necessary for Governmerlt or public purposes, assign on reg1stry in such manner and subject to such restnctwns and condtttons as may be prescnbed. the remammg lands vested m the Government under clause (b) of sub-section (1) of sectton 3
6 Compensation to the Temple.-(1) The Government shall by way of compensatiOn for the extmguishment of the nghts, tltle and interest of the Temple under clause (a) of sub-sectiOn (1) of section 3 and for the vestmg m the Govern- ment of tis rights, title and interest m Sree Pandaravaka Thanathu lands and of bwldmgs under clauses (b) and (c) of that sub-section pay m perpetuity to the Temple every financial year begmmng With the financial year m wh1ch the appomted day falls, an amount of fifty-eight thousand and five hundred rupees as annuity.
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(2) The annutty payable under sub-section (1) shall be patd m one lump every financial year on such date and m such manner as may be prescnbed
7 Certam landholders to pay compensation for rights vested in them.-(1) Every landholder, the annual rent pay- able by whom Immediately before the appomted day m respect of all the SI ee Pandaravaka lands held by him Is more than the amount calculated at the rate of four rupees and ninety- four paise per hectare of such lands, shall, in considerdtiOn of the nghts conferred on htm under section 4, be liable to pay to the Government compensation as provided m sub- sectiOns, (2) to (8)
(2) The amount Gf compensatiOn payable by a land- holder under sub-sectwn (1) shall be equal to sixteen tnnes the difference between the annual rent payable by the land- holder tmmedtately bef•)re the appomted day 111 respect of all the Sree Pandaravaka lands held by him and the amount referred to m that sub-section
(3) Where the annual rent m respect of land compnsed m a holdmg or part thereof Is fixed in paddy. ::.uch annual rent shall, for tht. purposes of this sectiOn, be commuted mto money at the rate of two rupees and twelve paiSe per standard para of paddy:
Provtde
"standard para" means the measure equivalent to 13·11 litres ( 4) The amount payable under sub-sectiOn (1) shall be pcud In sixteen equal half-yearly instalments. the first mstal- ment commencing from such date as the Government may specify by notification m the Gazette.
(5) If any mstalment of the compensation payable under ::.ub-sectwn {4) is not paid on the due date, the amount of such instalment shall bear interest at the rate of five per centum per annum from that date hll the date of payment of that instalment.
(6) Nothmg contained in sub-section (4) shall be deemed to preclude s landholder from paymg at any tlme a larger sum than the amount of an mstalment, or from paymg two
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or more mslalments together, or from paymg the wh')]e amount due lll one mstalment
(7) If any sum m excess of the ame>unt of any mstal- ment• 1s pa1d by the landlord, 1l shall be cred1ted towards the succeedmg mstalment or mstalments
(8) Where a landholder pays the enL1re amount due m -..(, a lump sum on or before the date on whiCh the first mstal- ment ts payable, he shall be allowed a rebate of twenty-fi-JP per centum of the amount so paid
H Liability to pay basic tax.-(1) With effect on and frum the appomted day, all Sree Pandaravaka lands held by landholders 1mmed1ately before that day shall be deemed to be Pandaravaka lands for all purposes and shall, subJect to the proviSIOns of the Kerala Land Tax Act, 1961 (13 of 1961). be hable to be charged wtth baste tax
(2} The landholders shall be liable to pay the basic tax dnd the proviSIOns of the Kerala Land Tax Act, 1961 (13 of 1961), shall apply for the levy and collectwn ut such tax
(3) ' Ra]abhogam" payable to the Government by any J,mdholder m 1espect of any Sree Pandaravaka land shall cease ~ to accrue wJth effect on and from the appomted day.
9. Issue of pattas and other documents to landholders.-(1) Af:.. soon as may be after the appomted day, the Government !>hall tssue pattas or other documents ev1dencmg the full jJropnetary nghts of the landholders in the1r holdmgs
(2) The paLrtas or other documents issued under sub- sectiOn (1) shall contain such particulars as may be prescnbed
10 Appointment of officers to settle compensation pay- able by landholders and for issue of pattas.-The Government may appoint or authonse such officer or officers as .they deem necessary for the purpose of makmg enquiry and determmmg 1he compensatiOn payable by the landholders to the Govern- ment under sectwn 7 and for the tssue of pattas or olher documents under sectwn 9
11 Appeal.-(1) Any person aggneved by an order of any officer :tppomted m· authorised under section 10 may appeal to tht. Dtstrict Collectpr, Tnvandrum or any other officer emr'J\\'ered In this behalf by the Government, Wlthm s1xty days from the date of the order.
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Exp)anation.-For the purpose of computmg the said penod of SI"-tY days. the date of commumcat10n of a copy of the order to the appellant shall be deemed to be the date of the order.
(2) A copy of every order agrunst which an appeal hes under sub-sectiOn (1) shall be commumcated m such manner as may be prescnbed
12 Revision.-(1) The Board of Revenue may, e1ther of 1ts own motwn or on applicatiOn by any person aggneved by an order pa1-sed by any officer under th1s Act. call for and examme the record of any proceedmg m wh1ch such order has been passed, for the purpose of satisfying Itself as to the legality, regulanty or propnety of such order or proceedmg and pass such order thereon as 1t thmks fit Provided that the Board of Revenue shall not call for the record of any proceedmg If an appeal agamst the order to whtch the proceedmg relates iS pending or 1f the t1me for -rreferring appeal against such order has not exptred
(2) The Bodrd oi Revenue shall not of If!> own motwn call for _and examme the record of any proceedmg under sub- ~ectwn (1) tf the order to wh1ch the proceedmg relates has tleen made more than two years previously
(3) In the case ol an application under sub-sect10n (1) by any person aggrieved. the application shall be made WI·thm 1wu years from the date of the order m question
13 Collection of arrears of rent.-(1) Wtth effect on and from the appomted day, the Temple shall not be entttled tu collect any rent whtch accrued due to 1t from any landholder
1 0 respect of hts holdmg before, and IS outstandmg on, that day, but the Tahstldar of tthe taluk in whtch the holdmg 1s situate shall be enlt.Itled to collect all such arrears of rent and any mterest payable thereon as if they were arrears of pubhc revenue due on land : Provtded that if a landholder pays w1thm two years from the appomted day, in such manner as may be prescnbed, an amount equal1to the alTears of rent for a financial year or the actual arrears outstandmg on the appomted day, whichever is less, together with mterest thereon, all arrears of rent shall be deemed to be fully discharged and no sutt or other proceedmgs shall lie or contmue for the recovery thereof.
2oo
(2) Where the annual rent on any land comprised in a holdmg or part thereof IS fixed m paddy, !:>Uch annual rent shall. for the purpose.; of this sectiOn, be commuted mto money at :the rate of two rupees and twelve paise per standard para of paddy :
Provided that m respect of the lands m the Chtraymki~ taluk, for which the commutahon rate adopted has beer. etght and a half chakrams per para of paddy, the commuta- tiOn rate shall be thirty patse per standard para of paddy. Explanation.-For the purposes of thiS sub-sectwt. ''standard para" means the measure eqUivalent to 13 11 htre!.
(3) All amount~ paid or collected under sub-sectiOn (1) shall be patd to the Temple after deductmg-
(a) five per cent thereof by way of collection charges;
(b) the amount If any, due from the Temple to the Government , and
(c) the rent, ll any, collected before the appomted day by the Temple from any landholdEr m respect of the financial year m which the appointed day falls or dt'ly sub- ~equent financtal year
14 Certain amount~ to be first charge.-The compensa- tiOn payable by a landholder under sectiOn 7 and any amount whtch the Tahstldar IS entttled to collect under sub-sectwn ( 1) of sectiOn 13 shall be a first charge upon the land m respect of whtch such compensatiOn or amount ts payable. subject Pnly to the charge for baste tax.
15 Provision for Melkanganam stafi.-Notwtthstandmg
(a) The Government shall have power to termmate the servtces of any such person after gtvmg htm one calendar month's notice or paymJ htm one month's pay m heu of such notice;
(b) persons whose servtces are retamed shall be governed by such rule!> as the Government may make m cegard to 'them.
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16 Administration of temples under management of Melkanganam.-Notwtthc:;tandmg dny law. custom or contract to the contrary, the fvllowmg temples whtch have hitherto been adm1mstered by the Melkanganam Branch of the Sree Pandaravaka Departm :mt shall, on and from the appomted day. be admm1stered by the Executive Officer appomted under sub-sectiOn (2) of sect1nn 18 of the Travancore-Cochm Hmdu Rehgwus InstitutiOns Act, 1950 (XV of 1 H50), m accordance with the prO\·JSJOns of that Act -
(a) Sree Subramoma Swamy Temple, Puthenchanthdl, Tnvandrum,
(b) Sabhapath1 Temple, Chala1, T11vandrum ; dnd
(c) Sree Vazhtchal Kanthan Sastha Temple, Vazh1chal. Neyyattmkara Taluk.
17 Finality of orders.-(!) Any order passed by any ·fficer under th1s Act m respect of matters to be determmed for the purposes of th!s Act shall, subJect only to any appeal or revisiOn prov1ded under this Act, be find)
(2) No such order shall be liable to be questwned m any court of law
13 Indemnity.-(!) No stut or other legal proceedmgs shdll he agamst the Go\ ernment for dny act wh1ch 1s m good fcuth done or mtended fo be done under thts Act or any rule made thereunder
(2) No suit. pru~ecutwn or other legal p1oceedmgs shall be mst1tuted agamst any officer or person duly appomted, authonsed or empowered under th1s Act 111 respect of any· thmg wh1ch IS m good fa1th done or mtended to be done under th1s Act or any rule made thereunder
19. Provisions in regard to liabilities of the Temple.-(1) All cla1ms and hab!ht1es enforceable unmed1ately , before the appomted day agamst the Temple m respect of' any Sree Pandaravaka land reftrred to in clause (a) or clause (b) of ~ub-section (1) of sec~JOn 3 or m respect of any bu1ldmg referred to m clause (c) of that sub-sectiOn shall, on or after that day, be enforceable only agamst the annUity payable to the Temple under th1s Act
(2) All cla1ms and hab1hties referred to m sub-sectwn
(1) shall be enforceabl~ agamst the annmty payable to the Temple under th1s Act to the same extent to wh1ch such
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claim~ and habihtles were enforceable agamst the mterest of the Temple m the said ldnd or bu1ldmg tmmedtately before the appomted day.
(3) No court shall, on or after the appomted day, order or contmue execution m respect of any decree or order passed agamst the Temple or agamst the mterest 1t had in any Sree Pandaravaka land or buildmg referred to m sub-section (1), and executwn shall be ordered or contmued m such cases m conformity wtth the previsiOns of sub-sectwns (1) and (2) only as agamst the annUity payable to the Temple
(4) All nghts dnd pnvlleges whtch may have accrued m any Sree Pandaravakc1 land or bUildmg referred to m sub- sectwn (1) to any person before the appomted day agamst the Temple shall cease and cleltermme and shall not be enforceable agamst the Temple or agamst the Government, and every such person shall be erltttled only to such nghts and pnvtleges as are recogmsed or confe1 red on h1m by or under this Act
20 Board of Reveuuc, Di~trict Collector and other officer"
to have certa,in powers of civil court.-The Board of Revenue, the D1stnct Collector, Trivandrum and any other officer exerc1smg any power or performmg any functwn under the Act shall, for the pw poses oi this Act, have all the powers of a ctvll court when trymg a sul't under the Code of Civil Procedure, 1908 (CentJ c:.l Act 5 of 1908), in respect of the followmg matters, namely·-
(a) summomng and enforcmg the attendance of any person and exammmg rum on oath ,
(b) requmng the dtscovery and productiOn of any document;
(c) recetvmg evidence on affidav1t; and
(d) requis1t1oning any pubhc record or copy thereof from any court or office.
21 Power to make rules.-(!) The Government may, by notlficahon m the Gazette, make rules for carrymg out the provisions of lhts Act.
(2) In particular, and wtthout preJUdtce to 1 he generality of the foregomg power, such rules may prov1de for-
(a) the procedure for the determmatlon of compensa- tiOn payable by the landholders under th1s Act; l
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(b) the procedure for the issue of pattas or oth~r documents and the particular~ they "hould contam
(c) prescnbmg forms where forms are necessary,
(d) the procedure before the officers appomted or authonsed under sectwn 10 and the procedure m appeals and ~ re\ tstons under this Act ,
(e) the manner m whtch and the condttions and rest nc twns subJect to ,~·htch lands vested m the Government unde1· thts Act may be asstgned ,
(f) any other matter wh1ch IS to be. or may be, presC'nbed for the purposes of th1s Act
(3) Every rule made under this sectiOn ~hcl.ll be laid as soon as may be after Il IS made before the Legtslaltve Assembly while 1t IS m sesston for a total penod of fourteen days whtch may be comprised m one sesswn or in two successtve sesswns, and if before the expiry of the sessiOn m whtch tt ts so latd or the ~esswn unmedtately followmg, the Legtslahve Assembly makes anv modtficatwn m the rule or dectdes tha)t the rule should not be made. the rule shall thereafter hcl.ve effect only m ~uch modtfied form 01 be of no effect as the case may be, so however that any such modi- ficatiOn or annulment shall be w1thout preJUdice to the vahdtty ol anythmg previously done under that rule
22 Effect of this Act.-The p1 ovtswns under this Act shall be deemed to be "o'ther arrangemenb'' made regardmg the management of Sree Pandaravaka propert1e~ wtlhm the
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THE SCHEDULE
[ See section 3 (2) ] Survey Extent
Village number Acre Cent Tenure Devasuoms Vanchiyoor 560/4 I 82 Sree Pandaravaka Tqanathu 1 Village Pooja Nelpura
Do. 560/134 .. 12 Poramboke -Sirkar Thanathu Ulsavamatom >-
Sree Padmanabha Do. 560/135 3 2 Sree Pandaravaka Thanathu I Swan:y Temple Do. 660/268 .. 14 Sirkar Nellukuthupura I
Do. 560/311 .. 7 Sirkar Thanathu ChottupuraJ
Do. 587 .. 36 Sree Pandaravaka Thanathu Sree Padmanabhaswamy Temple ~'-,:)
(;\1ithranandapuram0
Nambimatam)~
Do. 719 . . 19 Sree Pandaravaka Thanathu Sree Padmanabhaswamy Virakupura Temple
Do. 1200 .. 51·448 Kularn Poramboke • do.
Do. 1201 I 16·973 Sree Pandaravaka Subramonia Swamy Thanathu Temple
Chengazhaserry 2757 .. 73 do. Sabhapathy Temple at
Chalai
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