Tamil Nadu act 036 of 1980 : The Tamil Nadu Board of Revenue Abolition Act, 1980

Department
  • Department of Revenue And Disaster Management Department, Government Of Tamil Nadu

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Board of Revenue Abolition Act, 1980

Act 36 of 1980

Keyword(s):

Commissioner, Law, Local Area, Board of Revenue

1

1980: T.N. Act 361 &oardo/ Revenue lbotition 99

9 TAMIL NADU ACTNO. 36 OF 1980.*

THE TAMIL NADU BOARD Ol? ~ E M J E

ABOLITION ACT, 1980.

[Received the assrnt of tire r~;cirht on the 1st November 1 1980, firs: published in the Tamil Nadu Government Gazette Extrmordinary on the 5th November 1980 i (Aippasi20, Rowhri-2011-Thhvalluvar Aandu) .I

An Act to provide for the aboliron of the Board of

Reve~ue and to proidi4e for matters confiected therewith.

Bait enacted by the Legislature of the State of Tamil Nadu

in the Thirty-fi~st Year of the Republic of India as follows:-

1. (1) This Act may be called the Tamil Nadu Boaid Short titk and

of Revenue Abolition Act, 1980. copm6noo~ent.

(2) It shall come into force on such date as the Govex nment may, by notification, appoint.

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

(a) '' Appropriate Authority " means,-

(i) the Commissioner; or

(ii) any officer nct below the ~ a n k of Additional t Secretax y to Government; 01

(iii) any other office1 not below the rank of District

Collector :

specified by the Government under sub-section (1) of

section 4:

(b) "Comrnissio n e ~ "means a Commi~sioaer appoin - ted u nder section 5 ;

(c) '' Government" means the State Government 1

(4 " law " includes any rule, by-law, legplation, notification, scheme, form or order;

(e) '?ocal arzaWmeans one or; more revenue districts or part of a revenue district as may be specified in (he notification under section 6.

I

*For Statement of Objects ancl Reasons, see Tom2 Nadu Governnze~r Gazettte Extraordinary, dated the 4th February 1980, Part IV-. Section 1, Page 18.

125-1 2-7A

2

100 Board of Revenue Abolition t1980: 'II.N. Act 36

Abotition of Board of

Keveaue. Powers of

Board of Revenue and Member of Board of Revenue tobe exe~cised by

the . Govern-

ment or App- ropriate

Authority.

3. Tbe Board of Revenue in the State of Tamil Nadu is hercby abolished. .

4. (1) The jurisdiction and powersvested in and duties par formed by thc Board 6;' Reveuue cr any Member 0.r

the Board of Revenue immediately before the date of the commencement of this Act, by or under any law, shall be vested in, and performed by-

(i) the Government; or

(ii) the Commissioner ; or

(iii) any officer not below , the rank of A d d i m 1

secretary to Government ; or iv any other officer not below the rank of District ( dollector ;

' 3 .t ; ; '4 , . . . .. . as n ay be specxed by the Government, by notzcation ,,. . . s 1 ' . r

in this behalf in respect of such matters, and with effect ,; from such date, as may be specified therein. -

(2) The Government may, in like manner, modify , :,:, :.! 4

or cancel any authorisation made under sub-section (1). Explanution.--For the purpose of this section, the ju-

< risdiction and powers vested in, znd the duties performed - by any Member of the Board of Revenue shall include, the jurisdiction and powers vested in and' ,the duties .::

performed by such Member either in the dapacity of the " \; Member of the Board of Revenue as such, or by virtue 4 of an authorisation made by or under any law;"( Ib . 1..

5. (1) For purpose of authoris Appointmmt Commissioners. Of 4, the Government may, by notifica more officers as Commissioner or

with such designation as may be specified. -A .,

i'

i (2) The Government ray, in like &er, modify or a c e 1 arty appointment m ~ d e under sub-section (1).

Vesting of 6. The G o v m m ~ ~ t may,

addi tianal authorise the Government oi the

~)owers in the to exexcise any of the powers vested

Or for the time being in foxe in any Appropriate Authority . (other than the Board of Revenue) un

the Government and also specify the which such powers may be exercised.

3

1980 : T.N. Act 361 Board of Revenue Abolition 1 01

7. Subject to the ;?revisions of Article 31 1 of the Conditions of

Constitution, the Government may make rules regulating service of the employees of the conditions of service of the persons employed in the-Board of

Board of Revenue, immediately before the date of the Revenue. commencement of this Act.

8. The provisions of this Act shall have effect notwith- Act to Override standing anything inconsistent therewith contained in other laws.

any law for the time being in force. * . . .

9. (1) The Government may make rules to carny Pow& to'make

out all or any of the purposes of this Act. rules.

(2) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular d.ay, shall coine into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is made, be placed on the tablt: 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 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 b~ so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

10. (1) In the application of any law, any reference C@nstruction of references to to the Board of Revenue or Member of the Board of 6 6 ~ o a r d of

Revenue shall, unless the context other wise requires, ~ ~ ~ ~ ~ , ~ ~ 8 . ,

be deemed to be a reference to the Government or the "Member of Appropriate Authority specified in the notification under Board of

sub-section (I) of section 4. Revenue" or "Standing Orders of the

(2) The "Standing Orders of the Board of Revenue8' Boardof as in force on the date of the commencement of this Act Revenue".

stdll, on and from the said date, be called "ReveY:-- Standing Orders" and continue in force until altered, amended or rescinded by the Commissioner or the Government, as the case may be.

11. (1) If any difficulty atises in giving effect to the powr to

provisions of this Act, the Government may make such remove order not inconsistent with the provisions of this Act diiflc~llities.

as may appear to them to be necessary or cxpcdicnt for the purpose of removing the difficulty :

4

I02 Bonrd of R ~ P ~ I . ~ ' .5Eo~itir?n 11980 : T.N, Act 36 l'rovided that no such order shall be made after the expiration of two years from the date of the commence-

ment of this Act.

(2) Every order made under this section shall, as soon as after it is made, be laid before each House of

tbe Legislature.

I

la. (1) The Tamil Nadu Board of Revenue Regula- Re*e** tion, 1803 (Tamil Nadu Regulation I of 1803), the Tamil

Nadu Revenue Commissioner Act, 1849 (Central Act X of 1849) and the Tamil Nadu Board of Revenue Act,

1894 (Ximil Nadu A d I of 1894), are hereby repealed.

(2) Notwithstanding such repeal,--

(i) any app l i~ ion , appeal, revision or other proceeding pending before the Board of Revenue or any Membtr of the Board of Revenue under any law for the time being in force on the date of the commencement of this Act shall stand transferred to the Government or the Appropriate Authority specified in the notificdtion unaer sub-section (I) of section 4;

(ii) anything done or any a~tion or proceeding taken under any law for the time being in force, includhg any crder passed or decision given by the Board of Revenue

a? any Member of the Board of Revenue before the date

oft& commencement of this Act, shall be deemed to have been done. taken, pasced or given by the Government o

the Appropriate Authorit5

5