Tamil Nadu act 040 of 1956 : The Tamil Nadu Inams (Assessment) Act, 1956

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Act 40 of 1956

Keyword(s):

Collector, Estates Land Act, Inam, Inam Land, Settlement

Amendment appended: 15 of 1968

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956: T.N. Act XQ Inartzs (Assessmt?nt) 633 ¹1

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'[TAMIL NADU] ACT No. XL OF 1956.2 (Received the assent of the President or$ the 39th February 1957 ; first publislzed in the Foet St.' George Galat+-e .

on the 27th February 1957.) n Act for the lev of fall assessment on certain inam lands in the 8[State of Tamil Nadu.]

REAS it is expedient to provide for the 1 . s ~ ~ of full sment on certain inam lsnds in the 8[State of Tamil

BE it e n ~ ~ c ted in the Sevcnt:h Year of the Republic of India s follows :- ' I

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1. (1) This Act m:y b: cllled the l[T.arnil Nsdu] Inams Short title i (Assessment) Act, 1956. and cum- i I

mencement.

(2j It sh9.11 be besmsd to h?ve come into force on t b

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6% r n ~ & (kssctssmenr) [ I Y S ~ : T.K. ket

(d) " in*,b.m 1 2,nd. " m :pons any ltnd th*: grant of which

ia inom h2.s b ~ e n rnldc, confirrncd or recognized by thc Govament and inc;lj ides any insin collstituthg an estate under the Est~.tes Liad Act, b!lt docs 1%~: i~lclldc-

(i) ally estate to which th-;. provisions of the '[~ernil Nadu] ~str . tfs (Abolition and Conversion i rlto Ryotwari) Act, 1948 (l[Tamil W?du] Act XXVI of 194S), apply or

may b: applied ;

(ii) any ryoti ilrtd, th9.t is to s:ij, ~ i i l y cultivable

13.d in an estp.tc held by a person othw rkdn the land holder ;

(iii) any i?nd grmted by a i:!ndii~lder on service tenure either free of rent t r on favo~tr:~ble rates of reM if

granted before ti ~e p~ssing of the Estst cs 1d':ntL Act or free of rent if granted after that dm, so long ;IS the s:rvice

tenuse subsists ;

(iv) b:ds arid blrllds of titl~ks and of supply, d r ~ i -

n:tge surplus or irrig:!&ion ch~.i~neis ;

(v) thrcslling floor, cattle st:!nd s, v i sites an('

other lands which r rc set apart io: ! Irc c:olnrnntl use of the

villagers ;

(vi) wil st e Ltnd s and f'o~ est s .

Exp1matlm.-The exprcssi~n ' ldrld holder ' sha 11 have the meaning ~5sibned to it i l l clause (5) of section 3

oft he Estates L?nd Acl .

(e) '' s<:ttlzmen t " includes roseitfcrn~nt .

3. (1) Nolwithstanding anyi hing con:ainsd in any Lsvy of engapm:m, con~racl, grant or eny 1 iw for the time b ~ i n b assessment,

in force, I L -hdl bz I?.wful for thl: S~lnic GovG~nmcllt to

levy- ( E ) 011 any ii~,:rn i ~ n d in a ryol?~s;i vill?ge9 the full

assessment at t hc rat r: ( f ?.ssessmeni sc t 01 it i 1 I hc sett lcmmt notificc?tion for Iq.ni: s of 1 sirnils:~* Cet;cl-i pt ion ?,nd with

similar adwntteg;s in t hc szme villllg-, and if t]lcrc arc no

such lands, in the llei'rest ryotw.tl*i viil:rgc wilere such simil%r land s exist ;

--.----------.-.I----.-.--- - .----- .."..--_ _ "-

1 These words were subst iruted for thc wcr1.d L'i\ /] iLdrn S~ by r he 7'amil ~ a d u Adaptntioti of Laws Order, 1959, as czrnci~dcd by the

Tamil Nadli Adaptation of Laws (Secot~d Arnenitnent) Order, 1969.

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1956: T.N. Act XL 1 I~zums (Assesslnent) 654 -

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(b) on any othx inem l?nd , the full assessment . . at the rate of assessment set out in the settlement notifica- tion for llrnds of r? sirnil?r description nnci with similar advantages in the nmrest ryotwvari village whxz conditions^. are generally sirnilqr to those obtairrin'g in ths villzge in which t h ~ i n m Isnd is sitwted :

. Provided i h t in the case of an itlarn granted on service tenure which is proved to collsist of an assignment of 1m;l rzvaluc only, na ass:ssmdnt ui~dcr this sub-sxtion

shall b: levizble, 2nd til: illu L1lL~ar sshirll be liable to pay , ody the quit-rent, jodi, kattubadi or other amount of a likc mture, if m y , which he has b:cn paying before the ~ommcncsmcnt oft his Act.

Explanation I.--The levy of full assessment on any laam, which become en a t a? t.e by virtue of t lie '[Tamil Nadu]

Estltes Lmd (Third Amendment) Act, 1936 (=[Tamil Nadu] Act mIII of 1936), s b l l be in addition to any quit-rent, jodi, k3ttub:d.i or 0 t h amount of a like nature payable to the State Gsvcrnmmt by the landnolder immediately b:foye the c3mmenci=mcnt of this Act.

Gxplmtion 11.-If any quit-rent, jodi, kattub?*di or oth5r amount of a like n??me w-ls payable to the f3tatte Gavmmjnt immediately before the commencement of this Act in resp-ct of any in2m other than one falling under Explm9tion I, th: ass:ssment leviable on such inam under this s;ction sh4l bz in lieu of such quit-rcnt, jodi, kattubadi or other ?.mount afores?.id end if, in respect of any such

inlm situited in an inam villlge, any jodi or other amount of a like n%ur e is p3.yabla by th3 inamdar to the landholder of t l ~ village, thc assessment leviable on such inam under tMs scction shell b,: reduc~d by the amoum of the jodi or oth5r amount so payable.

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(2) (a) Bdfol-c meking the asscssmcnt the Collector slnll publish in the District Gazette and in such other manner as may b2 prescribed, a draft notification speci-

fying the inam lands in resp3ct of which the assessment

is proposed to be levied under sub-smtion (I), and tbe l-ntes of such assessment together with a notice speciming

8 date not bcing less than one-month from the date of such publication st or after which such draft will be taken

. r - -A- _..-._" _-..- _-- ...& _....- _-.-.

1 Thcse wordt were substituted for the wu,rd " Madra! " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by .$he Tandl Nadu Adaptation of Laws (Second Amend.ment) Order, 1969- 125-342~

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'into consideration, a1.d shgll co~Gsrn or 111od~ify the aasess- ment or pass such orders 2s he deeins fit cfter considering any objections which may b: 111.rdc io respect of the draft by the inamdar or other p~sson interested before the specified date and after mg.king such inquiry, if 811y, as he deems fit.

(b) Any p:rson deeming hi:nself sggsievzd by a

decision of th: C~llector under cl tuse (a) mf:y prefcr :en appeal to th2 Distx.ict Collector witldn thc prescribed pziod and th: District Collector m::y, :lfter givillg the

appellant en opp~rtunity of b5ng Il:*:rd, prss such ortl~rs

on the eppeal as hs ininks fit.

(c) Th.3 dsis ion . ~ f th: Dis:t.ict Collctor under clause (b) and i l l cas :s where no :ipp :I:/ hs:s k e n prefer-red

ths decision of the Co1l:c:or utldcr ci!clsr: (a) si19.11, s ~ t b j x t to the provisions t f th i s Act, b: fins1 and shall not b: lii~blc to be questioned in ;'.fly court of law.

(3) The inam lands and rates of assessment leviable thereon as finally decided shall therr bc pubiis5ed ia tbe District Gazette arid in such other manner as may be pres-

cribed. 1[(4) Tile rates of assessment, as published under I sub-section (3) shall take effect 0 1 4 and fro111 the 1st day

of July 1956 and acc~rdingly assessmer.lt undcr this section ahall be leviable with eKect from that date].

2[3-A. (1) Notwiihstanding anything contained in

of swtition 3, it shall be lawful for the State Government to Aqsessmen t on Inam Lands, revise, from time tc time, the rates of assessment ns pub- lished under sub-section (3) of section 3, whenever the rate of assessment set out in the settlement riotification referred to in clause (a), or as the casa ia)q be, in clause (6) of sub- section ('\ of section 3 is revised subsequently by the appropriate authority :

Provided that the revision in the rates of assessnzent

under this sub-sectiou shall be to tlic same extent as the orates of assessrnerlt se l out in the setticment nutific&ian as revised by the said appt-opriatc authority.

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I This sub-sea ion ~ , i s it~Ldct1 by scctItl;t 2 of tilt. .r;tmil Nlidu Inams (~ssessment) (An~elidnlent) Act, 1 961'; (?':mi I Nadu it IS of 1968), which was d~(~tlaecl to havc cc nze irli f,:r.ce on tlrc 1st

July 1956.

8 his section was in-cried by seclior12 cif the Talnil Nact l l 1nam.c

(Apsessment) Amendrrer*t Act, 1961 ('Pamil Niirln Act 16 of 1961)

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. a - - -. - - - rc- 1956 : T.N. Act XL ] Inams (Assessment) 661 -

(2) The provisions of sub-section (2) of section 3 shall, as far as nny be, apply in relation to the revision of the rates of assessmellt on inam-lands under sub-section

(1) as they apply in relation to the nlaking of the assessment oa such lands. .e

(3) The illam lands and the rates of assessment leviable thereon as revised under this section shall be published in the Ljistrict Gazette and in such other manner as may be prescribed.

l[(4) The revised rates of assessment as published under sub-section (3) shall take* effect from the commehcs . ment of the fasIi year in which such rates of askssment are published in the District Gazette and according1 assessment undor this section shall be leviable with effect from the commencement of such fasli year.]] * ~

I . wr : ;'k.,; " *tiw 4. In the case of an inain gratited for the purp6se~~f;$~ekilaip&~dp$-~:

any service it shall be presumed, in the absence of eviderice iF thi cage .~~~yef~# a ofservice .G.G to the contrary, that the imim consists not merely df.atl lh8ms, - F ; ..;. assignment of land revenue payable in respect of the 'lanil g . . ,'., , :" +< ,& .. +$, but also of the land. ' r g - . e ~ .; .&$ -,?;

3 . " : g

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* < , q. ' , ." ,4$-J

5. Nothing contained id this Act shal, be deemed t6 ~e:u@s@-r::% affect the power of the State Government to resume a w ?kservlGe, . , i%+ s :- *q

inam on the ground that the holder of sucll inam has fail6d ~nams. i . b- ,l! . to perform or make the necessary arrangements for per-

forming the charity or the service for performing which^.CF

a, the inam had been made, confirmed or recognized as aforesaid. ' , '..; .6

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6. (1) Notwithstanding anything contained in any other survey

law for the time being in force, any inam village, which inams.

became an estate by virtue of the 2[Tamil Nadu] Estates

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Land (Third Amendment) Act, 1936 (2[Tamil Nadu] Act

XVIII of 1936), or part of an estate as well as any other land (not forming part of any such estate), the grant of which in inam has been made, confirined or recognimd ---- ---^{I -}

*This sclb-section was added by section 3 of the Tamil Nadh lnams (Assessment) (Amendment) Act, 1968 (Tamil Nadu Aot, 15 of 1968), which was deemed t.! have come into force on the 1st July

1962.

QThese words were substituted for the word ''MadA. -" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nacl u Adapt at ion of Laws (Second Amendment) Orc!er, 1969,

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662 &am (A,~s~~:;sniert t ) [ 1936. TON.

by the Government may e surveyed or if it has boou surveyed before the 1 st day of JY:~ ! 2 t 6 ;:lay I-,? :c-surveyed, as if it were Govcrrcnent land, in wcordanco with the provisions for the su:*voy of such land contained in the

. m i l Nadu] Survey and Boundaries Act, 1923 (g[TamiI

Nadu] Act VIII of 1923).

(2) The cost of the survey or re-survey, except so inuch thereof as is payable by any person uodel the pro- visions of section 8 of the l[T&lnil Nadu] Survey and

Boundaries Act, 1923 (' [Tamil Nadu] Act VIII of 19231, shall be borne by the Statc Governn~clzt,

Rights as 7. Nothing ~ontaiuetl in this Act shall be dcelned to

petween define, limit, infringe or destroy the rights as betwoen the inamdar snd other inamdar and other persons, if any, in possassion or persons no1 enjoyment of the inam land.

affected.

Power to 8. If the State Government arc satisfied t!lat in auy

correcr notification published 2[under sub-scctioil (3) of section 3

errors. or sub-section (3) of section 3-A] there is any cfior inclu-

ding any clerical or arithmetical error, or error arisii~g

from any accidental slip or omission, they may, by noti- fication in the District Gazette conccriled, cortect such error.

Power to 9. If any difficulty arises in giving clhct to the provisions

remove of this Act, the State Government i w y as occtsion may difiiculties. require, by order, do anything which appc:ars to tlleln necessary for the purpose of temoviag the di lEct:l ty.

power 10. (1) The State Governmneot may, 3[ make rules. make rules to carry out the purposes of this Act.

(2) In pa.rticulaiq cod without prejudice to tho gemra-

1i.y of the foregoing power, such rules may provide for-

fa) .the dljterminatio tz of t he assesstrrent leviable under ihis Act in respect of unsurveyed lands ;

C ---. ----- - I .---- - -- - - - -.- - *- _ - -

lThese wards wcr2 stf13srit :~ce(i for tile word 'bk.:adras'' by the Tamil Nadu Ad.aptat;on c f L w s Order, 19G9, as cl~ner~ded by the TamilNadu Adapration c.f Law.; (Seoond Arnenclmenf ) Orcier, 1969. Whes: w~rds , buckets, figures arid Iettcr were subsiifu ted for the wards, b~ackeis and figures (," uncler sub-section (3) of sedi 3n 3" by section 3 of the Tamil Naciu Inams (Assessnlet~t) Antendment Act, 1961 (Tamil Nadu Act 16 gf X 961).

sThe words " by n,) ificat ion " were onlit led by sect ion 4 ( I ) of the Tamil Nrldu Inams (Asszss~nek~t) Atnenclment Act, 1961 framil ~ a d i * Act 16 of 13611,

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1956 : T.N. Act XL ] Inawas (Assessmeiz t ) "663 : "a 1

(b) tlic ~!asiifi~a!i~n of lands 2 s I:-? t, mmar?ari or dry,

fgr ?he pur;v,:~ 95 frrizg the ;a12 I!' ;.rl;esrzzmr le4PMe uDder tkij Acr ;

(c) the procedure to be followed by.the Collector and the District Collector in inquiries and appeals under this Act ;^r.

(d) the manner of publication of the notifications under section 3, sub-sections (2) and (3) '[and section 3-A, sub- sections (2) and (3) ].

2[(3) 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^I on the day on which they are so published.

(4) Every rule made under this Act, sha1l;as soon as possible after it is made, 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 iu making any modification, in any such rule or both Houses agree that the rule should not be made, the rule 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 arrkulm5nt shall be without pre- judice to tne validity of anything previously done under that rule.]

11. Where before the date of the coming into force of Inams

this Act, any inain land was held subject to any restrictions jubje or conditions, such inam land shall, 3Fnotwithstanding the restrict

levy of full assessment on such inam land under section 3 etce

from the date of coming into force of this Act or the revision of such assessment under section 3-A].

These wxds, figures, fetter and brackets rxre added by section 4 ( i i ) of tlre Tamil Nadu hams (Assessment) Amendment Act, 1961 (Tamil Nadu Act 16 of 1961).

sl'hesc sub-sect ions were substituted for original sub-section (3)bysection 4 (iii) oft he Tamil l?adu hams (Assessment) Amendment Act, 1961 (Tamil Nadu Act 16 of 1961).

8 These words.. figures and letter were substituted for the-words

and figure "notwithstanding the few of full assessment on such

inam land under section 3 from the date of coming into force of

this Act " by sect ion Sonthe Tamil Nadu Inams (Assessment )Am$ncj-

qeqt Act, 1961 (l'amil Nadu &t 14 of 1961) ^{.-j A}* .

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Inams (Asst;~sment) (AfnenJ/nent) L NADIJ) ACT No. 15 OF 1968?

NADUJ INAMS (ASSESSMENT)

DMENT) ACT, 1968.

t ott the 25th September t St, Georbe Gazette

ry, on the 26th September 1968 (Asvim furth-r to amend tbc 1 framil Nadu] inams (Assess- sgislature of the S[State of Tamil

b Ye?r of the Republic of lu<:?, Short title called the pamil Nadu] mendment) Act, 1968.

(2j Section 2 shall be deemed to have corm into ce on the 1st day of July 1956.. Ssotion 3 shall be deem- to have come into force on the 1st day of July 1962.

2-3. vhe arrendmcnts made by these sections have lreaEy been incorpcratzd in th:: principal Act, nam:ly, Tamil Nadu Insms (As~ssment) Act, 1956 (Tamil u Acrt XL of 1956).]

ined in any judp Validation

levy and other authority, all

orting to have been

Act for the period

56 and ending with

rposes, he deemed

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words were sv?bstitWd for the word '' M&as " by Order, 1!)69, as amended by

Laws (Szcond Amendment)

and Reasons, see Fort St. George

the 19th Aualst 1968, Part

r the expression !' State

on of Laws Order, 1969,

aptatton of ,Jaws (Second

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romp (Assessment) (~mendment) ' [1%8 : T.N. Akt k5 , ;

or collected and akordingly,i-=. l" ,

(a) all acts, proceedings or things done or taken

rbe &ate Government or anyauj hority, oflicer ar perso in connection witb tbe levy or ccllzaticn of sucb assessme shall, for all purposes, be deem& tc be, and to have always been, done or taken in acc~rdancc wiih law ;

(b) no suit or otber ~ r o e e d i l ~ g shall bc maintained or coniinucd in any court for the refuncl of any assessment so paid ;

(c) no covrt shall enforce any decree or order direct ing the r:fund of any assessment so paid.

- -- - - - to 50 : 'hid t&havc always '&en, validly 10vi8ed IF oollecte in accordan~e with law as if sections 2 and 3 had been i

fare: at all:mit&ial timcs when such assessment ~ai'1ev.i . . -. -

5. The Madras Inams (Assessment) (Amendme

Ordinance, 1968 (Madras Ordinance 3 of 1968), is herc rcpcaled.

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