MADRAS ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1948

S.2 Definitions

In the Act, unless there is anything repugnant in the subject or context,--

• (1) all expressions defined in the Estates Land Act shall have the same respective meanings as in that Act with the modifications, if any made by this Act;
• (2) "Director" means the Director of Settlements appointed under section 4;
• (3) "estate " means a zamindari or an under-tenure or an inam estate;
• (4) "Estates Land Act" means the Madras Estates Land Act, 1908 (Madras Act I of 1908);
• (5) "Government" means the 1[State] Government;
• (6) "impartible estate" means an estate governed immediately before the notified date, by the Madras Impartible Estates Act, 1904 (Madras Act II of 1904);
• (7) " inam estate " moans an estate within the meaning of section 3, clause (2) (d), of the Estates Land Act, but does not include an inam village which became an estate by virtue of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936);
• (8) " Landholder " includes (i) a joint Hindu family, where the right to collect the rents of the whole or any portion of the estate vests in such family; and (ii) a darmila inamdar;
• (9) "notification" means a notification published in the Fort St. George Gazette;
• (10) "notified date", in relation to an estate, means the date appointed by a notification issued under section 1, sub-section (4), as the date on which the provisions of this Act (other than sections 1, 2, 4, 5, 7, 8, 2 3[58-A], 62, 67 and 68) shall come into force in the estate 4[or where the operation of any such notification has been stayed or interrupted by order of Court, the date from which the Government have boon in uninterrupted possession of the estate] and the word " notified " shall be construed accordingly;
• (11) "prescribed " means prescribed by rules made by the Government under this Act;
• (12) "principal landholder" means the person who held the estate immediately before the notified date; and
  • (a) in the case of an estate held by a joint Hindu family immediately before that date, means such joint family; and
  • (b) in the case of an impartible estate, means the person entitled to the possession of such estate immediately before that date;
• (13) "Settlement Officer", in relation to any estate or part of an estate, means the officer appointed therefore under section 5, sub-section (1);
• (14) "Tribunal" means a Tribunal constituted under section 8 and having jurisdiction;
• (15) "under-tenure estate" means an estate within the meaning of section 3, clause (2) (e), of the Estates Land Act;
• (16) " zamindari estate " means--
  • (i) an estate within the meaning of section 3, clause (2) (a), of the Estates Land Act, after excluding therefrom every portion which is itself an estate under section 3, clause (2) (b) or (2)(e), of that Act; or
  • (ii) an estate within the meaning of section 3, clause (2) (b) or 2 (c), of the Estates Land Act, after excluding therefrom every portion which is itself an estate under section 3, clause (2) (e), of that Act.

1. The word 'State' was substituted for the word " Provincial " by the Adaptation Order of 1950.

2. The figure "9" was omitted by section 13(b) of the Madras Estates (Supplementary) Act, 1956 (Madras Act XXX of 1956), which came into force on the 3rd August 1957.

3. The figures and letter " 58-A " were inserted by the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 (Madras Act XVII of 1951),

4. These words were inserted by section 3 of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954 (Madras Act XXXIV of 1954) which shall be deemed to have come into force on the 19th April 1949.

S.3 Consequences of notification of estate

With effect on and from the notified date and save as otherwise expressly provided in this Act--

• 1[(a) 2[the Madras Estates] Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) 3[in so far as it relates] to matters other than the reduction of rents and the collection of arrears of rent and the Madras Permanent Settlement Regulation, 1802 (Madras Regulation XXV of 1802), the Madras Estates Land Act, 1908 (Madras Act I of 1908), and all other enactments applicable to the estate as such shall be deemed to have been repealed in their application to the estate.]
• (b) the entire estate (including all communal lands; porambokes; other non-ryoti lands; waste lands; pasture lands; lanka lands; forests; mines and minerals; quarries; rivers and streams; tanks and irrigation works; fisheries and ferries), shall stand transferred to the Government and vest in them, free of all encumbrances and the Madras Revenue Recovery Act, 1864 (Madras Act II of 1864), the Madras Irrigation Cess Act, 1865 (Madras Act VII of 1865), and all other enactments applicable to ryotwari areas shall apply to the estate;
• (c) all rights and interests created in or over the estate before the notified date by the principal or any other landholder, shall as against the Government cease and determine;
• (d) the Government may, after removing any obstruction that may be offered, forthwith take possession of the estate, and all accounts, registers, pattas, muchilikas, maps, plans and other documents relating to the estate which the Government may require for the administration thereof:

  Provided that the Government shall not dispossess any person, of any land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta --

  • (i) if such person is a ryot, pending the decision of the Settlement Officer as to whether he is actually entitled to such patta;
  • (ii) if such person is a landholder, pending the decision of the Settlement Officer and the Tribunal on appeal, if any, to it, as to whether he is actually entitled to such patta;
• 4[(e) the principal or any other landholder and any other person, whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to such rights and privileges as are recognized or conferred on him by or under this Act.]
• (f) the relationship of landholder and ryot, shall, as between them, be extinguished;
• 5[(g) any rights and privileges which may have accrued in the estate, to any person before the notified date, against the principal or any other landholder thereof, shall cease and determine, and shall not be enforceable against the Government or such landholder, and every such person shall be entitled only to such rights and privileges as are recognized or conferred on him by or under this Act.]

1. This clause was substituted for the original clause (a) by section 3 (i) of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on the 19th April 1949.

2. These words were substituted for the words " The Madras Estates " by section 4 of, and the Third Schedule to, the Madras Repealing and Amending Act, 1957 (Madras Act XXV of 1957).

3. These words were substituted for the words "in so far it relates," by ibid.

4. This clause was substituted for the original clause (e) by section 3 (ii) of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956) which shall be deemed to have come into force on the 19th April 1949.

5. This clause was substituted for the original clause (g) by section 3 (iii) ibid.

S.4 Appointment and functions of Director of Settlements

As soon as may be after the passing of this Act, the Government shall appoint a Director of Settlements to carry out survey and settlement operations in estates and introduce ryotwari settlement therein. The Director shall be subordinate to the Board of Revenue.

S.5 Appointment and functions of Settlement Officer

(1) As soon as may be after the passing of this Act, the Government shall appoint one or more Settlement Officers to carry out the functions and duties assigned to them under this Act.

(2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal.

S.6 Managers of estates

(1) With effect on and from the notified date the Government shall appoint one or more persons to manage the estate.

(2) Every manager shall be subordinate to the District Collector and shall be guided by such lawful instructions as he may issue from time to time; and the District Collector shall also have power to cancel or revise any of the orders, acts or proceedings of the manager.

S.7 Powers of control of the Board of Revenue

The Board of Revenue shall have power--

• (a) to give effect to the provisions of this Act and in particular to superintend the, taking over of estates and to make duo arrangements for the interim administration thereof;
• (b) to issue instructions for the guidance of the Director, District Collectors, Settlement Officers and managers of estates;
• (c) to cancel or revise any of the orders, acts or proceedings of any Settlement Officer other than those in respect of which an appeal lies to the Tribunal or of any manager; and
• (d) to cancel or revise any of the orders, acts or proceedings of the Director or of any District Collector, including those passed, done or taken in the exercise of revisional powers.

S.8 Constitution of Tribunals for certain purposes

(1) The Government shall constitute as many Tribunals as may be necessary for the purposes of this Act.

(2) Each Tribunal shall consist of three members; one of them (who shall be its Chairman) shall be a District Judge or an officer eligible to be appointed as a District Judge, another shall be a Subordinate Judge or an officer eligible to be appointed as a Subordinate Judge, and the third shall be a Revenue Divisional Officer or an officer eligible to be appointed as a Revenue Divisional Officer.

(3) Each Tribunal shall have such jurisdiction, and over such estates or parts thereof, as the Government may, by notification from time to time, determine.

(4) Every Tribunal shall have all the powers of a civil court to compel the attendance of witnesses and the production of documents.

S.9 [Omitted]

1

1. Section 9 (as amended by Madras Act XXXIV of 1954) and the heading thereto were omitted by section 13(c) of the Madras Estates (Supplementary) Act, 1956 (Madras Act XXX of 1956), which came into force on the 3rd August 1957.

S.10 Determination of date on which undertenure estate was created

(1) The landholder of an under-tenure estate or any other person interested may, within three months from the notified date, or such further time as the appropriate Settlement Officer may, in his discretion allow, apply to him for a decision as to whether such estate was created before or after the date on which the principal estate was permanently settled.

(2) The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire to, examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the claims before him and give his decision in writing

1[(3) (a) Against a decision of the Settlement Officer under sub-section (2), the Government may, within one year from the commencement of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954, or from the date of the decision, whichever is later, and any person aggrieved by such decision may, within two months from the said date, appeal to the Tribunal:

Provided that the Tribunal may, in its discretion, allow further time not exceeding six months for the filing of any such appeal.

(b) The decision of the Tribunal on any such appeal shall be final and not be liable to be questioned in any Court of Law.]

(4) Unless the Settlement Officer, or where there is an appeal the Tribunal, decides that an under-tenure estate was created before the date on which the principal estate was permanently settled, it shall be regarded for the purposes of this Act as having been created after that date.

(5) Where the principal estate is a temporarily settled zamindari or an unsettled palaiyam or jagir, all references to the date of the permanent settlement of the principal estate in the foregoing provisions shall be construed as references--

• (a) in the case of a temporarily settled zamindari, to the date of its temporary settlement; and
• (b) in the case of an unsettled palaiyam or jagir, to the 13th day of July 1802.

1. This sub-section was substituted for original sub-section (3) of section 10 by section 5 of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954 (Madras Act XXXIV of 1954).

S.11 Lands in which ryot is entitled to ryotwari patta

Every ryot in an estate shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of--

• (a) all ryoti lands which, immediately before the notified date, were properly included or ought to have been properly included in his holding and which are not either lanka lands or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act; and
• (b) all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from the 1st day of July 1939:

Provided that no person who has been admitted into possession of any land by a landholder on or after the 1st day of July 1945 shall, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land.

Explanation.--No lessee of any lanka land and no person to whom a right to collect the rent of any land has been leased before the notified date, including an ijaradar or a farmer of rent, shall be entitled to a ryotwari patta in respect of such land under this section.

S.12 Lands in zamindari estate in which landholder is entitled to ryotwari patta

In the case of a zamindari estate, the landholder shall with effect on and from the notified date, be entitled to a ryotwari patta in respect of--

• (a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of section 3, clause (10) (a) of the Estates Land Act, or (ii) stood recorded as his private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land;
• (b) (i) all lands which were properly included or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the date of such acquisition or the 1st day of July 1939, whichever is later and has been in direct and continuous possession of such lands from such later date;
• (ii) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, but not including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock in the ordinary course of husbandry from the 1st day of July 1946 and has been in direct and continuous possession of such lands from that date;
• (iii) all lands [not being (i) lanka lands, (ii) lands of the description specified in section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, or (iii) forest lands] which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock in the ordinary course of husbandry from the 1st day of July 1939, and has been in direct and continuous possession of such land from that data.

Explanation.--'Cultivate' in this clause includes the planting and rearing of topes, gardens and orchards, but does not include the rearing of topes of spontaneous growth.

S.13 Lands in inam estate in which landholder is entitled to ryotwari patta

In the case of an inam estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of--

• (a) all lands (including lanka lands) which immediately before the notified date, (i) belonged to him as private land within the meaning of section 3, clause (10) (b) of the Estates Land Act, or (ii) stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land; and
• (b) (i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the date of such acquisition or the 1st day of July 1945, whichever is later and has been in direct and continuous possession of such lands from such later date;
• (ii) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date;
• (iii) all lands [not being (i) lanka lands, (ii) lands of the description specified in section 3, clause (16), sub-clauses (a), (b) and (c), of the Estates Land Act, or (iii) forest lands] which have been abandoned or relinquished by a ryot or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July 1945 and has been, in direct and continuous possession of such lands from that date.

Explanation.--'Cultivate' in this clause includes the planting and rearing of topes, gardens and orchards, but dees not include the rearing of topes of spontaneous growth.

S.14 Lands in an under-tenure estate in which landholder is entitled to ryotwari patta

The grant of a ryotwari patta to a landholder in respect of lands in an under-tenure estate shall be regulated in accordance with the provisions of--

• (a) section 13, if it has been decided under section 10 that such estate was created before the date of the permanent or temporary settlement of the principal estate or the 13th day of July 1802, as the case may be; and
• (b) section 12, in other cases.

S.15 Determination of lands in which the landholder is entitled to ryotwari patta under foregoing provisions

(1) The Settlement Officer shall examine the nature and history of all lands in respect of which the landholder claims a ryotwari patta under sections 12, 13 or 14, as the case may be, and decide in respect of which lands the claim should be allowed.

1[(2) (a) Against a decision of the Settlement Officer under sub-section (1), the Government may, within one year from the commencement of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954, or from the date of the decision, whichever is later, and any person aggrieved by such decision may, within two months from the said date, appeal to the Tribunal:

Provided that the Tribunal may, in its discretion, allow further time not exceeding six months for the filing of any such appeal:

Provided further that the Tribunal may, in its discretion, entertain an appeal by the Government at any time if it appears to the Tribunal that the decision of the Settlement Officer was vitiated by fraud or by mistake of fact.

(b) The decision of the Tribunal on any such appeal shall be final and not be liable to be questioned in any Court of Law.]

1. This sub-section was substituted for sub-section (2) of section 15 by section 6 of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954 (Madras Act XXXIV of 1954).

S.16 Liability to pay assessment, etc., to Government

(1) Every person, whether a landholder or a ryot, who becomes entitled to a ryotwari patta under this Act in respect of any land shall, 1[for each fasli year commencing with the fasli year in which the estate is notified] be liable to pay to the Government such assessment, as may be lawfully imposed on the land.

(2) If in respect of any such land, the ryot was liable immediately before the notified date to make any payment to the landholder otherwise than by way of rent, whether periodically or not, the ryot shall continue to make such payments as accrue on or after that date to the Government.

1. These words were substituted for the words "with effect on and from the notified date" by section 4 of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on the 19th April 1949.

S.17 Ryotwari patta in service-tenure lands

(1) Where any land 1[not consisting of an entire village] granted on service-tenure, whether to an individual or institution falls under section 3, clause (16) (c) of the Estates Land Act, then, 2[]

• (a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution the land shall be discharged from the condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date;
• (b) in all other cases the holder of such land shall have the same rights in the land, and be subject to the same liabilities, as the inamdar of a minor service inam in a ryotwari village has in respect of his land:

Provided that 3[] no ryotwari patta shall be granted in respect of any land 3[] which is forest or which falls under section 3, clause (16), sub-clause (a) or (b), of the Estates Land Act.

(2) The provisions of sub-section (1), clause (b), shall apply also to dasabandam inam lands in estates.

1. These brackets and words were inserted by section 3 (i) of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 (Madras Act XVII of 1951)

2. The words " irrespective of whether such land consists of only a portion of a village or of one or more villages " were omitted by ibid.

3. These words "where the land granted on service-tenure is an entire village" and the words "in such village" were omitted by section 3 (ii) of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 (Madras Act XXII of 1951).

S.18 Vesting of buildings situated in estates

(1) Every building situated within the limits of an estate, which immediately before the notified date, belonged to any landholder thereof and was then being used by him as an office in connexion with its administration and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the notified date.

(2) Every building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution shall also vest in the Government, free of all encumbrances, with effect on and from the notified date:

Provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, to his heirs or legal representatives.

(3) Where any building so situated--

• (a) which belonged to any such landholder on the 1st day of July 1947; and
• (b) (i) which on that date was being used by him as an office in connexion with the administration of the estate, and for no other purpose, or (ii) the whole or principal part whereof was on that date in the occupation of any religious, educational or charitable institution has, after the 1st day of July 1947 and before the notified date, been sold or made a gift of, by the landholder, or ceased to be used by him as an office as aforesaid, or ceased to be in the occupation of such institution, the value of the building shall be assessed by the Tribunal in such manner as may be prescribed; and the Tribunal shall pay to the Government such value from out of the compensation deposited in its office under section 41, sub-section (1).

(4) Every building other than a building referred to in sub-sections (1), (2) and (3) shall, with effect on and from the notified date, vest in the person who owned it immediately before that date; but the Government shall be entitled 1[for each fasli year commencing with the fasli year in which the estate is notified]

• (i) in every case, to levy the appropriate assessment thereon; and
• (ii) in the case of a building which vests in a person other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in respect thereof, whether periodically or not and whether by way of rent or otherwise, in so far as such payments may accrue due on or after the notified date.

(5) In this section, "building" includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto.

(6) If any question arises whether any building or land falls or does not fall within the scope of sub-section (1), (2), (3), (4) or (5), it shall be referred to the Government whose decision shall be final, and not be liable to be questioned in any Court of Law.

(7) Any person holding a mortgage or charge on any building referred to in sub-section (1) or sub-section (2) shall, for the purpose of section 42, be a secured creditor and be entitled to priority over any person holding a mortgage or charge subsequently created by the landholder over any part of the estate.

2[Protection of certain rights and enforceability of certain obligations.]

1. These words were inserted by section 5 of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956) which shall be deemed to have come into force on the 19th April 1949.

2. This sub-heading was substituted for the original sub-heading "Sales and leases of certain lands" by section 6 of the Madras Estates (Abolition and Conversion into Ryotwari), (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on 19th April 1949.

S.19 Rights of persons admitted into possession of ryoti land for non-agricultural purpose

1[Where any person has been admitted into possession of any ryoti land by any landholder for a non-agricultural purpose that person shall be entitled to remain in possession of the land subject however to the payment by him to the Government of the ryotwari or other assessment or the ground-rent which may be imposed upon the land for each fasli year commencing with the fasli year in which the estate is notified:

Provided that such transaction was not void or illegal under any law in force at the time:

Provided further that a person who has been admitted into possession of any ryoti land on or after the first day of July 1945 shall be entitled to no rights in respect of such land except where the Government otherwise direct.]

1. This section was substituted for the original section 19 by section 7, ibid.

S.19-A Persons admitted into possession of non-ryoti land, how dealt with

1[(1) Except where the Government otherwise direct, no person admitted by a landholder into possession of any communal land or forest or other land which is not a ryoti land, shall be entitled to any rights in, or to remain in possession of, such land:

Provided that nothing contained herein shall apply to lands for which the landholder is entitled to ryotwari patta under section 12, 13 or 14.

(2) A direction under sub-section (1) allowing any person to remain in possession of any such land may specify--

• (i) the assessment or ground-rent payable to the Government on the land for each fasli year commencing with the fasli year in which the estate is notified, and
• (ii) such special terms and conditions including the period for which such person may remain in possession of the land as the Government may consider necessary in the public interest.

Explanation.--In this section, 'communal land' means any land of the description mentioned in section 3, clause (16), sub-clause (a) or sub-clause (b) of the Estates Land Act.]

1. This section was inserted by section 8, ibid.

S.20 Bights of certain lessees and others

1[(1) In cases not governed by any other provision of this Act, where on or after the 1st day of July 1945 but before the notified date, a landholder has created, by way of lease or otherwise, rights in any mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid; and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government:

Provided that the transaction was not void or illegal under any law in force at the time and that any such right was created for a period not exceeding one year.

(2) (a) Where any such right was created before the 1st day of July 1945 for a period exceeding one year, the Government may, if in their opinion, it is in the public interest to do so, by notice given to the person concerned terminate the right with effect from such date as may be specified in the notice, not being earlier than three months from the date thereof.

(b) The person whose right has been so terminated shall be entitled to compensation from the Government which shall be determind by the Board of Revenue in such manner as may be prescribed, having regard to the value of the right and the period for which the right was created. The decision of the Board of Revenue shall be final and not be liable to be questioned in any Court of Law.

(c) Where any such right created before the 1st day of July 1945 is not determined under this sub-section, the transaction whereby such right was created shall be deemed to be valid and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government:

Provided that the transaction was not void or illegal under any law in force at the time.

(d) If the Government are of opinion that any transaction of the kind referred to in clause (a) was an improper transaction entered into in disregard of public interest, the Government may, by notice given to the person concerned terminate the right and the person whose right has been so terminated shall not be entitled to any compensation.

(3) The Government may, if in their opinion, it is in the public interest to do so, impose reasonable restrictions on the exercise of any right continued under this section.

Explanation.--Any rights granted in perpetuity shall cease and determine and be dealt with under section 3 (e) and not under this section.]

1. This section was substituted for the original section 20 by section 9 of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on the 19th April 1949.

S.21 Survey of estates

(1) Any estate or part thereof may be surveyed or, if it has been surveyed before the notified date, may be resurveyed, as if it were Government land, in accordance with the provisions for the survey of such land contained in the Madras Survey and Boundaries Act, 1923 (Madras Act VIII of 1923):

Provided that any resurvey made under this sub-section may be limited to what is necessary for the introduction of the ryotwari settlement in the estate or part thereof.

(2) The cost of the survey or resurvey, except so much thereof as is payable by the ryots or the landholder under the provisions of section 8 of the Madras Survey and Boundaries Act, 1923 (Madras Act VIII of 1923), shall be borne by the Government.

S.22 Manner of effecting ryotwari settlement of estate

(1) The Settlement Officer shall effect a ryotwari settlement of the estate or part thereof, in accordance with a settlement notification framed and published by the Government for the purpose.

(2) The said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas, and shall adopt--

• (a) the rates of assessment set out in the resettlement notification in force on the date of the passing of this Act, in the district in which the estate is situated, or
• (b) if more than one such notification is in force in the district, or if the estate is situated in more than one district, the rates set out in that one of those notifications, which the Government consider to be most appropriate to the case.

(3) All rates of assessment imposed at a ryotwari settlement shall be liable to revision from time to time as laid down in the settlement notification referred to in sub-sections (1) and (2).

(4) Neither the settlement notification nor any order passed in pursuance thereof shall be liable to be questioned in any Court of Law.

S.23 Determination of land revenue before ryotwari settlement is brought into force

The land revenue payable to the Government 1[for each fasli year commencing with the fasli year in which the estate is notified] shall, until a ryotwari settlement effected in, pursuance of section 22 has been brought into force in the estate, be calculated as follows:--

• (a) In respect of any land held for the purpose of agriculture, not being private land, the land revenue shall be--
  • (i) where the rent payable to the landholder immediately before the notified date has been determined under the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947), the rent so determined; or
  • (ii) where the rent has not been so determined, the rent which would have been payable to the landholder in respect of the fasli year in which the estate is notified; or
  • (iii) where no rent was payable, the rent which would have been payable to the landholder immediately before the notified date, by a ryot holding similar land with similar advantages, in the neighbourhood:

  Provided that in cases falling under sub-clauses (i) and (ii), the land revenue in respect of the fasli year in which the estate is notified shall be the rent due to the landholder less any payment made to him before the notified date and authenticated in the prescribed manner:

  Provided further that in cases falling under sub-clause (ii), where after the rent has been determined under the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947), it is found that the land revenue paid exceeds the rent so determined, such excess shall be adjusted towards the land revenue payable in the subsequent fasli year or years.

• (b) In respect of other lands, the land revenue payable shall be calculated at such rate or rates as the Government may, by general or special order, determine.

1. These words were substituted for the words "with effect on and from the notified date" by section 10 of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on the 19th April 1949.

S.24 Compensation how determined

The compensation payable in respect of an estate shall be determined in accordance with the following provisions.

S.25 Compensation to be determined for estate as a whole

The compensation shall be determined for the estate as a whole, and not separately for each of the interests therein.

S.26 Basic annual sum

A sum called the basic annual sum shall first be determined in respect of the estate.

S.27 Component parts of basic annual sum in zamindari estates

In the case of a zamindari estate, the basic annual sum shall be the aggregate of the sums specified below: --

• (i) one-third of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands) in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under section 28, less the deductions specified therein;
• (ii) one-third of the gross annual ryotwari demand in respect of--
  • (a) all lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and
  • (b) all lanka lands which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment, as ascertained under section 28, in so far as it may be applicable, less the deductions specified therein;
• (iii) one-third of the average net annual income derived from all lanka lands in the estate other than those--
  • (a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and
  • (b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment, as ascertained under section 29, less the deduction specified therein;
• (iv) one-third of the average net annual miscellaneous revenue derived from all other sources in the estate specified in section 3, clause (b), but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under section 30; and
• (v) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually to the landholder of the estate immediately before the notified date, by the landholder of every inam village or under-tenure estate including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually.

S.28 Computation of ryotwari demand and deductions therefrom

(1) The gross annual ryotwari demand in respect of the lands referred to in section 27, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed, in pursuance of a settlement effected under section 22, on the lands occupied by any person other than the landholder on the notified date.

(2) The deductions referred to in section 27, clauses(i) and (ii) shall be--

• (a) five per cent of the gross annual ryotwari demand as computed above in respect of the lands referred to in the said clause (i) or (ii) as the case may be, on account of establishment charges, deficiencies in collection and the like; and
• (b) three and one-third per cent of such gross demand on account of the maintenance of 1[irrigation works serving the estate]:

Provided that no deduction shall be made on account of the maintenance of irrigation works, if there is no such work serving the estate or if the landholder is under no legal obligation to maintain any such work serving the estate;

Provided further that where the obligation of the landholder to maintain every one of the irrigation works serving the estate is shared by him either with the Government or with the landholder of some other estate, the percentage of deduction on account of the maintenance of irrigation works shall be reduced by such extent as the Government may deem reasonable.

2[Explanation.--For the purposes of sub-section (1), the expression 'ryotwari assessment', in respect of any land which has been registered as wet at the settlement referred to in that sub-section under an irrigation work belonging to, constructed or maintained by or on behalf of the Government, and which was liable to pay any water-cess under any law governing the levy of such cess in the State of Madras for irrigation from the said work before the said settlement, shall be taken to be the appropriate assessment determined in the prescribed manner, which the land would bear in the absence of facilities for irrigation from the said work.]

1. These words were substituted for the words "irrigation works in the estate" by section 11(i) of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956), which shall be deemed to have come into force on the 19th April 1949.

2. This explanation was added by section 11(ii), ibid.

S.29 Computation of income from lanka lands

(1) (a) The average net annual income from the lanka lands referred to in section 27, clause (iii), shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence:

Provided that where the particulars necessary to compute such average are not available for the full period or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed.

(b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed.

(2) The deduction referred to in section 27, clause (iii), shall be such amount as may be prescribed on account of remissions for bad seasons and the like, in the same manner as in the case of Government lanka lands.

S.30 Computation of net miscellaneous revenue

The average net annual miscellaneous revenue from the sources referred to in section 27, clause (iv), shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was the 1st day of July, or on the 1st day of July immediately Succeeding the notified date, if such date was not the 1st day of July and the next two fasli years.

S.31 Component parts of basic annual sum in inam estates

In the case of an inam estate, the basic annual sum shall be the aggregate of the sums specified below, less the deductions specified in section 35:--

• (i) the whole of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands), in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under section 32 less the deduction specified therein;
• (ii) the whole of the gross annual ryotwari demand in respect of all--
  • (a) lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and
  • (b) all lanka lands which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under section 32, in so far as it may be applicable, less the deduction specified therein;
• (iii) the whole of the average net income derived from all lanka lands in the estate other than those--
  • (a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and
  • (b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under section 33, less the deduction specified therein;
• (iv) the whole of the average net annual miscellaneous revenue derived from all other sources in the estate specified in section' 3, clause (b), but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under section 34.

S.32 Computation of ryotwari demand and deduction therefrom

(1) The gross annual ryotwari demand in respect of the lands referred to in section 31, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed in pursuance of a settlement effected under section 22 on the lands occupied by any person other than the landholder on the notified date.

(2) From the gross annual ryotwari demand as computed above, there shall be deducted 31/2 per cent of such demand on account of the maintenance of 1[irrigation works serving the estate:]

Provided that no such deduction shall be made, if there is no irrigation work serving the estate, or if the landholder is under no legal obligation to maintain any such work serving the estate:

Provided further that where the obligation of the landholder to maintain every one of the irrigation works serving the estate is shared by him either with the Government or with the landholder of some other estate, the percentage of such deduction shall be reduced by such extent as the Government may deem reasonable.

2[Explanation.--For the purposes of sub-section (1), the expression ' ryotwari assessment' in respect of any land which has been registered as wet at the settlement referred to in that sub-section under an irrigation work belonging to, constructed or maintained by or on behalf of the Government, and which was liable to pay any water-cess under any law governing the levy of such cess in the State of Madras for irrigation from the said work before the said settlement, shall be taken to be the appropriate assessment determined in the prescribed manner, which the land would bear in the absence of facilities for irrigation from the said work.]

1. These words were substituted for the words "irrigation works in the estate" by section 12(i) of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956) which shall be deemed to have come into force on the 19th April 1949.

2. This Explanation was added by section 12(ii) of the Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Madras Act XLIV of 1956) which shall be deemed to have come into force on the 19th April 1949.

S.33 Computation of income from lanka lands

(1) (a) The average net annual income from the lanka lands referred to in section 31, clause (iii), shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence:

Provided that where the particulars necessary to compute such average are not available for the full period or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed.

(b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed.

(2) From the average net annual income as computed above, there shall be deducted such amount as may be prescribed on account of remissions for bad seasons and the like, in the same manner as in the case of Government lanka lands.

S.34 Computation of net miscellaneous revenue

The average net annual miscellaneous revenue from the sources referred to in section 31, clause (iv), shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if Such date was the 1st day of July, or on the 1st day of July immediately succeeding the notified date, if such date was not the 1st day of July and the next two fasli years.

S.35 Jodi, etc., to be deducted

From the aggregate of the sums referred to in section 31, clauses (i) to (iv), ascertained as aforesaid, there shall be deducted--

• (a) the whole of the jodi, quit-rent or other amount, if any of a like nature, payable annually by the landholder to the Government; and
• (b) the whole of the jodi, kattubadi or other amount, if any (excluding local ceases and taxes), payable annually by the landholder immediately before the notified date, to a landholder of some other estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually:

Provided that the amount deducted under clauses (a) and (b) shall in no case exceed one-half of the aggregate of the net amounts computed in accordance with sections 32 and 33.

S.36 Basic annual sum in the case of under-tenure estates

In the case of an under-tenure estate, the basic annual sum shall, where it has been decided under section 10 that the estate was granted before the date of the permanent or temporary settlement of the principal estate or before the 13th day of July 1802, as the case may be, computed in accordance with the provisions of sections 31 to 35, both inclusive.

In other cases, the basic annual sum shall be the sum as computed in accordance, with the provisions of sections 27 to 30, both inclusive, less the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder of the under-tenure estate immediately before the notified date to the landholder of the principal estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually 1[provided that the total amount to be deducted as aforesaid shall in no case exceed one-half of the aggregate of the net amounts computed in accordance with clauses (i) to (iii) of section 27, read with sections 28 and 29].

1. These words were added by section 2 of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1953 (Madras Act IX of 1953).

S.37 Scale of compensation except in the case governed by section 38

The total compensation payable in respect of any estate shall, except in the case governed by section 38, be determined in accordance with the following scale:--

• (i) Where the basic annual sum does not exceed Rs. 1,000--30 times such sum.
• (ii) Where the basic annual sum exceeds Rs. 1,000 but does not exceed Us. 3,000--25 times such sum or Rs. 30,000, whichever is greater.
• (iii) Where the basic annual sum exceeds Rs. 3,000 but does not exceed Rs. 20,000--20 times such sum or Rs. 75,000, whichever is greater.
• (iv) Where the basic annual sum exceeds Rs. 20,000 but does not exceed Rs. 50,000--171/2 times such sum or Rs. 4,00,000, whichever is greater.
• (v) Where the basic annual sum exceeds Rs. 50,000 but does not exceed Rs. 1,00,000--15 times such sum or Rs. 8,75,000, whichever is greater.
• (vi) Where the basic annual sum exceeds Rs. 1,00,000-- 121/2 times such sum or Rs. 15,00,000, whichever is greater.

S.38 payment of tasdik allowance and additional compensation to institutions

(1) Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, the Government shall pay to the institution every year as a tasdik allowance--

• (a) in the case of an entire inam estate, the basic annual sum;
• (b) in the case of a part of an inam estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.

(2) Where the tasdik allowance so payable is less than the difference between--

• (a) the average net annual income derived by the institution from all sources in the estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceding the notified date or during that portion of those fasli years in which the estate or part was held by the institution, and
• (b) the income as calculated in the prescribed manner which the institution may be expected to receive from the lands in respect of which it is entitled to a ryotwari patta, the deficiency shall be made good to the institution by the Government every year.

(3) All amounts which accrued due to the institution during the period referred to in sub-section (2), clause (a), shall be taken into account, whether the amounts were actually collected or not:

Provided that the value in money of anything deliverable in kind to the institution at any time during the period aforesaid shall, where any price has been fixed by the Government for the sale of such, thing at such time in the area concerned, be calculated at such price.

(4) Payment shall be made to the institution under subsections (1) and (2) so long as it exists.

1[(5) Nothing contained in this section shall apply where any land (not consisting of an entire village) granted on service-tenure to the institution falls under section 3, clause (16) (c), of the Estates Land Act.]

1. This sub-section was substituted for the old sub-section (5) by section 4 of the Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 (Madras Act XVII of 1951).

S.38-A Payment of allowances by religious institutions

1[(1) Where an inam estate or part thereof was held immediately before the notified date by an individual on condition of rendering service to a religious institution, the individual shall, notwithstanding anything contained in this Act, be bound to render such service after the notified date, if he is required to do so by a written notice sent to him by the institution within such time as may be specified by the Government in this behalf.

(2) Any such individual who renders the service on being required to do go by the institution as aforesaid shall be entitled to be paid by the institution every year such sum as may be fixed by agreement between the individual and the institution, and if no such agreement can be reached, such sum as may be fixed by the Board constituted under the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927),* in accordance with such rules as may be made by the Government in this behalf:

Provided that if the individual pays to the institution the amount of compensation paid to him under this Act, the institution shall, in lieu of the sum aforesaid, pay to the individual every year a sum equal to the aggregate of the amounts which would be payable by the Government under section 38, if the inam estate or part thereof was held immediately before the notified date by a religious institution.

Explanation.--For the purposes of this section, 'individual' means the person who would have held the inam estate or part thereof, if it had not vested in the Government under this Act.]

1. This section was inserted by section 5, ibid.

* See now the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951).

S.39 Determination of basic annual sum and of total compensation

(1) The Director shall determine in accordance with such of the foregoing provisions as may be applicable to the estate--

• (a) the basic annual sum in respect thereof; and (b) except in the case governed by section 38, also the total compensation payable in respect of the estate.

(2) Any landholder or other person interested may, within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum.

(3) On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and ho shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally.

(4) A copy of every order passed under sub-section (1) shall be communicated to every landholder concerned, and also to every applicant under Sub-section (2).

(5) Any person deeming himself aggrieved by an order made under sub-section (1) may, within three months from the date of the order or such further time as the Board may in its discretion allow, appeal to the Board of Revenue; and the Board shall, after giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as it thinks fit.