Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
[Tamil Nadu Act 26 of 1963]1
An Act to provide for the acquisition of the rights of landholders in inam estates in the State of Tamil Nadu and the introduction of the ryotwari settlement in such estates.
BE it enacted by the Legislature of the State Tamil Nadu in the Fourteenth Year of the Republic of India as follows:-
CHAPTER -- I
PRELIMINARY
1. Short title, extent, application and commencement.-
(1) This Act may be called the 2[The Tamil Nadu] Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963.
(2) It extends to the whole of the State of 2[Tamil Nadu], except --
(i) the Shencottah Taluk of the Tirunelveli district;
(ii) the Kanyakumari district; and
(iii) the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959).
(3) It applies to all inam estates.
(4) This Section and Sections 2, 4, 5, 7, 8, 56(3), 59, 64, 3[73 and 75] shall come into force at once; and the rest of this Act shall come into force in regard to an existing inam estate or a part village inam estate or a Pudukkottaai inam estate, on such date as the Government may, by notification, appoint:
Provided that where the operation of any such notification has been stayed or interrupted by order of Court or Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possession of such estate shall be deemed to be the date so appointed.
Footnotes:
1. [Received the assent of the President on the 11th December, 1963; (Published in the Fort St. George Gazette, Dated 1st January, 1964).
2. Substituted for "Madras" by Tamil Nadu A.O. 1969.
3. Substituted for "73, 75 and 76" by Tamil Nadu Act 21 of 1968.
(5) The Government may; by notification, cancel or modify any notification issued under sub-section (4) in respect of any inam estate, but the cancellation shall not be deemed to affect the power of the Government under sub-section (4) again to extend the rest of this Act to that inam estate.
(6) Where a notification is cancelled under sub-section (5), the rest of this Act shall be deemed never to have applied to the inam estate concerned and every proceeding taken there under and pending in respect of such inam estate shall abate.
1(7) Notwithstanding anything to the contrary contained in sub-sections (4) to (6), in regard to 'Pudukkottai inam estates specified in Schedule I-A, this Section and Sections 2, 4,5,7,8,56 (3), 59. 64, 73 and 75 shall be deemed to have come into force on the 1st January, 1964; and the rest of this Act shall be deemed to have come into force in regard to such Pudukkottai inam estates on the 15th February, 1965:
Provided that in the case of any such Pudukkottai inam estate, the settlement of which is published under sub-section (2) of Section 3 of the Pudukkottai (Settlement of inams) Act, 1955 (Tamil Nadu Act XXIII of 1955), on a date subsequent to the 15th February, 1965, the rest of this Act as aforesaid shall be deemed to have come into force in regard to such Pudukkottai inam estate on such subsequent date:
Provided further that where, in regard to any such Pudukkottai inam estate, the operation of the rest of this Act as aforesaid has been stayed or interrupted by order of court of Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possessing of such estate shall be deemed to be the on which the rest of this Act as aforesaid shall be deemed to have come into force].
Footnote:
1. Sub- section (7) added by Tamil Nadu Act of 22 of 1979.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "agriculture" with its grammatical variations and cognate expressions shall include horticulture
(2) "Director' means the Director of Settlements appointed under Section 4;
(3) "Estates Land Act" means the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908);
(4) "existing inam estate" means an inam village which became an estate by virtue of the Tamil Nadu Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Act XVIII of 1936);
(5) "Government" means the State Government;
(6) "impartible inam estate" means an inam estate governed immediately before the notified date, by the Tamil Nadu Impartible Estates Act, 1908 (Tamil Nadu Act II of 1908);
(7) "inam estate" means an existing inam estate or a new inam estate;
(8) "landholder"-
(i) in relation to an existing inam estate shall have the same meaning as in clause (5) of Section 3 of the Estates Land Act; and
(ii) in relation to a new inam estate shall mean a person owning a new inam estate or apart thereof and shall include every person entitled to collect the rents of the whole or any portion of the new inam estate by virtue of any transfer from the owner or his predecessor-in-title or of any order of a competent Court or of any provision of law.
Explanation-I.-
For the purpose of sub-clause (i) and sub-clause (ii) of this clause "landholder" shall include-
(a) a joint Hindu family where the right to collect the rents of the whole or any portion of the inam estate vests in such family; and
(b) a darmila inamdar other than a darmila inamdar govened by the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu Act XXVI of 1948).
Explanation-II.-
For the purposes of sub-clause (ii), where there is a dispute between two or more persons as to which of them is the landholder for all or any of the purposes of this Act or between two or more joint landholders as to which of them is entitled to proceed and be dealt with as such landholder, the person who shall be deemed to be the landholder for such purpose shall be the person whom the Settlement Officer subject to any decree or order of a competent Civil Court may recognise or nominate as such landholder in accordance with Rules to be framed by the Government in this behalf:
(9) "new inam estate" means a part village inam estate or a Pudukkottai inam estate;
(10) "notified date" in relation to an inam estate 1[other than a Pudukkottai inam estate specified in Schedule I-A)] means the date appointed by a notification issued under sub-section (4) of Section 1 as the date on which the provisions of this Act (other than Sections 2, 4,5, 7, 8, 56 (3),59,64, 2[73 and 75)] shall come into force in regard to the inam estate, or where the operation of any such notification has been stayed or interrupted by order of Court or Tribunal or other authority constituted, under any law for the time being in force, the date from which the Government have been in uninterrupted possession of the inam estate, and the word "notified" shall be construed accordingly;
3[(10-A) 'notified date' in relation to a Pudukkotrai inam estate specified in Schedule I-A means the 15th February, 1965:
Provided that in the case of any such Pudukkottai inam estate, the settlement of which is published under sub-section (2) of Section 3 of the Pudukkottai (Settlement of Inams) Act, 1955 (Tamil Nadu Act XXIII of 1955), on a date subsequent to the 15th February, 1965, "notified date" means such subsequent date:
Provided further that where the operation of this Act other than Sections 2, 4, 5, 7, 8, 56 (3), 59, 64, 73 and 75 has been stayed or interrupted by order of Court or Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possession of such inam estate shall be deemed to be the notified date;]
Footnotes:
1. Inserted by Tamil Nadu Act 23 of 1969,
2. Substituted for "73, 75 and 76" by Tamil Nadu Act 21 of 1968.
3.Inserted by Tamil Nadu Act 23 of 1969,
(11) "part village inam estate" means a part of a village (including a part of a village in the merged territory of Pudukkottai) 1[but not including such of the inam areas in the said territory as are specified in Schedule I-A] the grant of which part has been made, confirmed or recognised by the Government, notwithstanding that subsequent to the grant, such part has been partitioned among the grantees or the successors-in-title of the grantee or grantees.
Explanation-I. - (a) Where the grant of a part of a village as an inam is expressed to be a specified fraction of, or a specified number of shares in a village, such part shall be deemed to be a part village inam estate notwithstanding that such grant refers also to the extent of such part in terms of acreage or cawnies, or of other local equivalent.
(b) Where a grant as an inam is expressed to be only in terms of acreage or cawnies, or of other local equivalent, the area which forms the subjectmatter of the grant shall not be deemed to be a part village inam estate.
Explanation-II. - A part of a village granted in inam shall be deemed to be a part village inam estate notwithstanding that different parts of such part village were granted, confirmed or recognised on different dates or by different title-deeds or in favour of different persons;
Footnote:
1. Inserted by Tamil Nadu Act 23 of 1969.
(12) "principal landholder" means the person who held the inam estate immediately before the notified date; and (a) in the case of an inam estate held by a joint Hindu family immediately before that date means such joint family; and (b) in the case of an impartible inam estate means the person entitled to the possession of such estate immediately before that date;
(13) "private land"-
(i) in relation to an existing inam estate shall have the same meaning as in sub-clause (b) of clause (10) of Section 3 of the Estates Land Act; and
(ii) in relation to a new inam estate shall mean-
(a) the domain or home-farm land of the landholder, by whatever designation known, such as kambattam,...
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