NOTIFICATION BY GOVERNMENT.

rules · 1969 · Tamil Nadu

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Parent: The TAMIL NADU GUDALUR JANMAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1969 (7b5efc506cd553da6081e83d5127a6e3244fcfbf)

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NOTIFICATION BY GOVERNMENT. COMMERCIAL TAXES AND RELIGIOUS ENDOWMENTS DEPARTMENT. T GUDALUR JANMAM ESTATES (ABOLITION AND CONVER SION INTO RYOTWARI) 4 G.O. Ms. No. 695, Commercial Taxes and Religious Endowments Department, 1th December 1974. [Published in Tamil Nadu Government Gazette, 8th January 1975 — Vide Part III — Section 1 (a).] No. SRO A/18/75. — In exercise of the powers, conferred by section 60 of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969), the Governor of Tamil Nadu hereby makes the following rules :— RULES. Short title — These rules may be called the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974. Definition. — In these rules, unless the context otherwisa requires—I " Act " means the Gudalur Janmam Estates (Abolition * and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969); " Authorised Officer " means the Assistant Settlement Officer having jurisdiction over the area or the Tahsildar of Gudalur taluk after the introduction of ryotwari settlement in that taluk; " Form " means a form appended to these rules. " Government Irrigation work " in respect of a land means the irrigation work (belonging to constructed, or maintained), by or on behalf of the Government under which the land has been registered as wet at the settlement. " Section " means a section of the Act; 46 -10 — 1 ,6) " Settlement dry assessment '' in respect of a land means the dry assessment appropriate to the soil classification assigned to the land at the settlement; ;7) " Settlement wet assessment '' means the assessment on we; lands under the settlement notification appropriate to the # Soil classification assigned to the land at the settlement; " Settlement estate assessment '' in respec

Rule TOC

4 · G.O. Ms. No. 695, Commercial Taxes and Religious Endowments Department, 1th December 1974.

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3 · Procedure for taking possession of a janmam estate—

4 · Procedure for taking possession of land in a janmam estate.— (1) Before taking possession of any land in a janmam estate in cases falling under the proviso to clause (d) of section 3, the Tahsildar shall examine whether any person or janmi bolding the land is prima facie entitled to ryotwari patta in respect of that land or not;

3 · (a) If the Tahsildar considers that the occupant of a land on the appointed day is, prima facie not entitled to ryotwari patta in respect of that land and that the occupation is objectionable, he shall cause a notice in Form No1 to be served on him calling upon him to show cause why he should not he dispossessed of the land.

4 · If the decision is that the occupant of a land on the appointed day is prima facie not entitled to ryotwari patla in- respect of that land hut that the occupation is not objectionable, the occupation may be allowed subject to the payment by4, the occupant of the assessment on the land payable prior to ryotwari settlement, until the ryotwari settlement of the land i» effected under section 20 or until the land is required by the Government for any purpose, whichever is earlier. The payment of such assessment shall not confer on the occupant any occupancy right. Every decision of the Tahsildar in this regard shall be communicated to the occupant concerned in Form No. 3.

8 · Enquiry into claims under sections 8, 9 or 10. (1) Every

1 · -The Settlement Officer shall, then, fix a date for the Enquiry and shall cause a notice in Form 5 to be served on * each janmi or tenant-or cultivator who has applied for ryotwari patta or who in the opinion of the Settlement Officer is prima make any representation which he may wish to make at the enquiry. A

13 · -Procedure to be followed in cases falling under sections 14, 15, 16, 17 or 18. — The provisions of rule 11 shall apply mntatis mutandis to cases, in which the occupant of any land is not entitled, under sections 14, 15, 16, 17 or 18, as the case may be, to remain in occupation of the land.

9 · THE SCHEDULE.

17 · (2)

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18 · (2) (a) Power to terminate any right created before 1st June 1961, for a period exceeding one year.

18 · (3) Power to impose reasonable restrictions on the exercise of any right continued under section 18 (2)(a).

14 · (2).—The powers of the Settlement Officer specified in column (2) of the Schedule below ' under the sections of the Act specified in the corresponding entry in column (1) thereof, may be exercisable also by the officers specified in column No. (3) thereof.

12 · read with section 8.

12 · read with section 9 or 10.

15 · Application for a copy of the data and communication of the order determining the basic annual sum.—(1) An application for a copy of the data, on the basis of which the Director of Settlements proposes to determine the basic annual sum, shall be made by the Janrni or other persons interested, within two months from such date as may be notified by Director of Settlements in this behalf.

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25 · -Time barred application, appeal or revision petition to be dismissed.—(1) Subject to the provisions of the Act and these rules, every application made and every appeal and revision petition presented to the authorities or officers having jurisdiction under the Act and these rules, after the period of limitation prescribed there for in the Act and these rules, shall be dismissed although limitation has not been set up as a defence.

45 · (3) Application to -the Disti ict Com t