H3S4402-LAND LAWS OF TAMILNADU

MODULE –I

TABLE OF CONTENTS

ESTATE .............................................................................................................................................- 1 -

INAM ESTATE .................................................................................................................................- 1 -

LAND HOLDER ...............................................................................................................................- 2 -

PRINCIPLE LAND HOLDER ........................................................................................................- 2 -

SETTLEMENT OFFICER ..............................................................................................................- 2 -

UNDER TENURE ESTATE AND ZAMINDARI ESTATE ..........................................................- 4 -

GRANT OF RYOTWARI PATTAS .................................................................................................- 6 -

PROTECTION OF CERTAIN RIGHTS AND ENFORCEABILITY OF CERTAIN

OBLIGATIONS...............................................................................................................................- 13 -

TAMIL NADU ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1948 ...................... - 13 -
TAMIL NADU INAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1963 ............ - 15 -

DETERMINATION, APPORTIONMENT AND PAYMENT OF COMPENSATION ............- 17 -

TAMIL NADU ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1948 ..................... - 17 -
TAMIL NADU INAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1963 ............ - 28 -

BASIC ANNUAL SUM IN ZAMINDARI ESTATES ..................................................................- 42 -

BASIC ANNUAL SUM IN INAM ESTATE .................................................................................- 44 -

ESTATE
Estate is defined in “Estates Land Act" means the [Tamil Nadu] Estates Land Act and
in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1948 act section
2 clause 3 defines "estate" means a zamiadari or an undertenure or an inam estate
“Estate” includes
(a)any pemanently settled estate or temporary settled zamindari
(b)any portion of such permanently settled zamindari
(c)any unsettled palaiyam or jagir
(d)any inam village of which the grant has been made, confirmed or recognized by the
Government, notwithstanding that subsequent to the grant, the village has been partitioned
among the grantees or the successors in title of the grantee or grantees.
(e) any portion consisting of one or more villages of any of the estate specified above in clauses
(a), (b) and (c) which is held on a permanent under tenure.

INAM ESTATE
Any village of which the grant has been made under inam confirmed and recognized
by the government and defined in Tamil Nadu Inam Estates (Abolition and Conversion into
Ryotwari) Act, 1963 as
a) the domain or home-farm land of the landholder by whatever designation known, such as,
kambattam, khas, sir or pannai; or]
(b) land which is proved to have been cultivated by the landholder himself, by his own servants
or by hired labour, with his own or hired stock for a continuous period of twelve years
immediately before the 1st day of April 1960, provided that the landholder has retained the
kudiwaram ever since and has not converted the land into ryoti land; or
(c) land the entire kudiwaram which was acquired by the landholder before the 1st day of April
1960 for valuable consideration from a person owning the kudiwaram, but not the melwaram,
provided that the landholder has retained the kudiwaram ever since and has not converted the
land into ryoti land and provided further that where the kudiwaram was acquired at a sale for
arrears of rent, the land shall not be deemed to be private land unless it is proved to have been
cultivated by the landholder himself, by his own servants or by hired labour, with his own or
hired stock for a continuous period of twelve years since the acquisition of the land and before
the 1st day of April 1960.

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Explanation -
Where a grant as an inam is expressed to be of a named village, the area which forms
the subject-matter of the grant shall be deemed to be an estate notwithstanding that it did not
include certain kinds in the village of that name which have already been granted on service or
other tenure or been reserved for communal purposes.

LAND HOLDER
Landholder means a person owing an estate or per thereof and includes every person
entitled to collect the rents of the whole or any portion of the 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.
Section 2 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari)
Act, 1963 as
"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 persons; and
(b) a darmila inamdar other than a darmila inamdar governed by the Tamil Nadu Estates
(Abolition and Conversion into Ryotwari) Act, 1948

PRINCIPLE LAND HOLDER

"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;

SETTLEMENT OFFICER
"Settlement Officer" in relation to any inam estate or part of an inam estate, means the
officer appointed therefor under sub-section (1) of section 5 of Tamil Nadu Inam Estates
(Abolition and Conversion into Ryotwari) Act, 1963
Section 5. Appointment and functions of the Settlement Officer. - As soon as may
be after the publication of this Act in the [Fort St. George Gazette], the Government shall

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appoint one or more Settlement Officers to carry out the functions and duties assigned to them
by or under this Act.
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.

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UNDER TENURE ESTATE AND ZAMINDARI ESTATE

Tamil Nadu Estate (Abolition and conversion into Ryotwari) Act,1948

Section 2(15) – Under tenure estate means an estate within the meaning Section 3(2)(e) of
the estate land act.

Section 2(16) – Zamindari estate means

1)an estate within the meaning Section 3(2)(a) of the estate land act, excluding estates which
comes under Section 3(2)(b) and Section 3(2)(e) of the estate land act.

2) an estate within the meaning Section 3(2)(b) and Section 3(2)(c) of the estate land act,
excluding estates which comes under Section 3(2)(e) of the estate land act.

"Estate land act" means Tamil Nadu Estates Land Act,1908

Section 3 of Tamil Nadu Estate land Act, 1908

(2) Estate means

a) any permanently settled estate or temporarily settled Zamindari

b) any portion of such permanently settled Zamindari or temporarily settled Zamindari
which is separately registered in the office of Collector
c) any unsettled palaiyam or jagir
d) any estate consisting of one or more villages of any of the estates specified above in
clause (a),(b) and (c)which is held on a permanent under tenure.

Notes:
The aforesaid provisions may be summarized thus: The Madras Estates Land Act
recognizes for the purpose of that Act 5 categories of estates.

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The Act grouped the said 5 estates under three categories, namely,

1. Zamindari estate
2. Under-tenure estate
3. Inam estates.

ü The estates defined in clause (a), (b) and (c) of s. 3 (2) of the Madras Estates Land
Act, excluding therefrom in under-tenure estate, are classified as zamindar estates.
ü An estate falling under the definition in s. 3(2)(d) of the Madras Estates Land Act,
excluding therefrom an inam estate which became an estate under the Madras Estates
(Third Amendment) Act, 1936, is described as an inam estate under the Act.
ü An estate under the definition of s. 3(2)(e) of the Estates Land Act is brought under
the definition of the "under-tenure estate" under the Act.

1. It will be noticed at this stage that though a village is physically a part of a zamindari
if it is held on a permanent under-tenure, it is excluded from the definition of a
zamindar estate but included under the definition of an "under-tenure estate".

2. The result of this classification is, an inam village held under a permanent under-
tenure is not a zamindar estate.

3. A village can be held under a permanent under tenure whether that village was the
subject-matter of a pre-settlement grant or a post- settlement grant.

4. To constitute an under-tenure it is not material whether the grant was a pre-,settlement

or a post-settlement one, but what is important is, in whom the reversionary interest
rests. That reversionary interest may rest in the proprietor either because at the
permanent settlement the inam was included in the assets of the zamindari or because
he himself was the grantor of a permanent under-tenure.

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GRANT OF RYOTWARI PATTAS

Ryotwari System:
The common law of India recognises two rights in land, viz (1) that of the Sovereign or
his assignee; and (2) that of the Ryot holding individually, or as a member of a joint family, or
a village community. Land revenue is an important item of revenue belonging to the State. The
Sovereign has right to demand revenue in the shape of a share of the produce from all cultivable
lands. Subject to the payment of his share the Sovereign or State has no right to the possession
of lands. The system by which it is collected is known as the Ryotwari system.
The person with whom Government enters into direct engagement under the Ryotwari
system is called the Ryot meaning in arabic, 'subject' or 'protected'. The true conception
underlying the Indian land system seems to be the idea of partnership. The melvaram and the
kudiwaram are independent interests in the land. The owner of the melwaram cannot so long
be receiving the revenue interfere with the discretion of the owner of the kudiwaram as to the
user of the land. The person entitled to kudiwaram may be regarded as the owner of the soil.
The melwaram interest in this view is to be regarded as an encumbrance on that proprietary
right. Melwaram is not rent in the strict sense of the word but a tax.
Ryotwari or Kulwar System was first introduced into the British possession by Col.
Read in 1792. The system introduced by Col. Read embraced the survey of every holding in
the district and fixation of field assessment based on productive powers of the soil. It fixed and
recorded a specific sum of money as the maximum revenue payable on each field or tract of
occupied land and when the revenue was payable in kind, it commuted it into a money payment.
The Ryot was not regarded as the proprietor of the soil but only as cultivating tenant. While the
settlement was made with each Ryot for the lands held by him an element of village system
was introduced by making him collectively liable for the entire demand as the village. This
system was open to several objections. By fixing only maximum demand payable by him and
he did not know what it was until he actually reaped the crops. He was made liable for the
default of others.
The intention of the founders of the Ryotwari system was to make the assessment on
land permanent. Col. Read's proclamation issued at the time of its introduction declared that
the assessment was fixed 'for ever' and Sir Thomas Munro declared that it was 'fixed' and
permanent'. Subsequently, however, change of view had come upon the authorities in England
arising from the loss of prospective income to the State. It was decided later to abandon the
policy laid down in the year 1861. Ultimately it was decided that Ryotwari settlement though

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not permanent should at least be durable for a period of 30 years. This system was introduced
in tracts in which Permanent Settlement or the Zamindary system was not existed or had failed.
At present, the Government has the right to make a fresh settlement of the revenue after a
period of say 30 or 40 years. Under the Ryotwari system the soil itself is taxed and the
assessment is fixed on the land and does not depend upon the description of the produce, or
upon the claims of certain classes of persons to reduced rates. He is liable to pay the revenue
due on his field to the Government directly and without any intermediary. The revenue payable
to Government includes also Cesses levied for roads, education and charges for using water
etc.

Distinguishing Features:

The Ryotwari system in force at present means the division of all arable land, whether
cultivated or waste into blocks, the assessment of each block at a fixed rate for a term of say
30 years or 40 years and exaction of revenue from each occupant according to the area of land
thus assessed. The occupied area may remain either constant or may be varied from year to
year at the occupant's pleasure by the relinquishment of old blocks or the occupation of new
ones. The distinguishing feature of this system is that the State is brought into direct contact
with the owner of land and collects its revenue through its own servants without the
intervention of an intermediate agent such as the Zamindar etc., and its object is the creation
of peasant proprietors. All the income derived from extended cultivation goes to the State.

Patta: When a Ryot is first put into possession of land, he is furnished with a document,
called patta which is liable to revision at each annual settlement called Jamabandi. According
to Sadasiva Iyer. J. Government is under no statutory obligation to issue any patta at all to a
Ryotwari proprietor (Samarao vs Secretary of State, 1914 MWN 388). It sets out the name of
the pattadar, the extent of his land, and its survey number. It is not evidence of title, but only of
possession.

Ryotwari Tenure: In Madras Presidency the principal tenure of land is the Ryotwari
system of holding under Government. This system has not been established in this Presidency
by legislative enactment. Baden Powell has rightly observed, "Really the 'Standing orders' of
the Board are the Land Revenue Code of this Province and no one can thoroughly master the
revenue administration without studying these in detail". The characteristic feature of this

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system is that the State entered into a direct engagement with owner of lands, namely the Ryot,
for the payment of revenue and collects the revenue through its own servants i.e., the village
officers. Subject to the payment of revenue the Ryotwari proprietor has an absolute interest in
the soil. In unfavourable seasons, remissions are granted on liberal principles. In short, under
Ryotwari System the Ryot enjoys all the advantages of a perpetual lease, without its
disadvantages and responsibilities. A Ryotwari owner is not the owner of the bed of a river
adjacent to his land; the bed belongs to the Government. The revenue due on the land is a first
charge on it and takes precedence over other debts or encumbrances. In Ryotwari village the
Government is the owner of waste and unoccupied lands. It can assign such land to an applicant
on appropriate term. Some lands are reserved for the communal use of villages, such as tanks,
streets, channels, threshing fields, burial grounds etc.

Grant of Ryotwari patta:

Sec.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
1. 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
2. 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 first 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 on rent, shall
be entitled to ryotwari patta in respect of such land under this section.

Sec.12 Lands in zamindari estate in which landholder is entitled to Ryotwari patta:

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

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(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 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 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 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 land holder 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 lands from that date.

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.

Sec.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 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

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(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 the 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 been in the occupation of a ryot,
provided that the landholder has cultivated such lands himself, or by his own servants or 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 the date.

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.

Sec.14 Lands in an under-tenure estate in which landholder is entitled to Ryotwari Patta:

The grant of a ryotwari patta to 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.

Sec.15 Determination of lands in which the landholder is entitled to Ryotwari Patta under
foregoing provisions: -

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(1) The Settlement Officer shall examine the nature and history of all lands in respect of which
the landholder claims a ryotwari patta under Section 12, 13 or 14, as the case may be, and
decide in respect of which lands the claim should be allowed.
(2) (a) Against a decision of the Settlement Officer under sub-section (1), the Government may,
within one year from the date of the decision or if such decision was given before the
commencement of the Madras Estates (Abolition and Conversion into ryotwari) (Andhra
Pradesh Amendment) Act, 1957, within one year from such commencement, and any person
aggrieved by such decision or such further time as the Tribunal may in its discretion allow,
appeal to the Tribunal; and its decision shall be final and not be liable to be questioned in any
Court of Law.
(b) If, before the commencement of the Madras Estates (Abolition and Conversion into
Ryotwari) (Andhra Pradesh Amendment) Act, 1957, any order has been passed by the Tribunal
dismissing an appeal filed by the Government against a decision of the Settlement Officer on
the ground that the Government were not competent to file an appeal under this sub-section or
that such appeal was time-barred, the Tribunal shall, on an application filed by the Government
within one year from the commencement of the Amendment Act aforesaid, vacate such order,
and pass a fresh order on merits.

Sec. 56 Decision of certain disputes arising after an estate is notified:

(1) Where after an estate is notified, a dispute arises as to whether after an estate is notified, a
dispute arises as to (a) whether any rent is due from a ryot for any fasli year is in arrear or (b)
what amount of rent is in arrear or (c) who the lawful ryot in respect of any holding is, the
dispute shall be decided by the Settlement Officer.
(2) Any person deeming himself aggrieved by any decision of the Settlement Officer under
sub-section (1) may, within two months from the date of the decision or such further time as
the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision shall be final
and not be liable to be questioned in any Court of Law.
The cases falling U/s.17 Ryotwari Patta in service tenure lands, Sec.18 Buildings in
Estates, Sec.19 Sales and leases of certain lands and Sec.20 saving of rights of certain lessees
and others, cases not governed by Section 18 and 19 of E.A. Act shall be referred to
Government whose decision shall be final and not liable to be questioned in any Court of Law.

Appellate Authorities:
1) Under Section 11(a)

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 Against the orders of the Settlement Officer passed u/s 11(a), a revision petition can be
filed before the Director of Survey, Settlement and Land Records Hyderabad within 30 days.
Against the orders of the Director of Survey, Settlements and Land Records a further
revision petition can be filed before the commissioner Survey, Settlements and Land Records
Hyderabad. (Now commissioner of appeals)

2) Under Section 15 (1) and 56 (1):

Against the orders of the Settlement Officer, appeal can be filed before the Estate
Abolition Tribunal i.e. Dist. Judge with in 60 days. Orders of the Estate Abolition Tribunal are
final u/s 15(2) of the Act. However under Art. 226 of Indian constitution a writ petition can be
filed before the High Court by the aggrieved party.

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PROTECTION OF CERTAIN RIGHTS AND ENFORCEABILITY OF
CERTAIN OBLIGATIONS

Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948

19. Rights of persons admitted into possession of ryoti land for non-agricultural
purpose. –
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 year1
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.
19A. Persons admitted into possession of non-ryoti land how dealt with –
(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:2
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)3 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.

1
Faṣlī (“harvest”) is derived from the Arabic term for “division,” which in India was applied to the groupings of
the seasons. Fasli year means the period of 12 months from July to June.
2
Person admitted by a landholder into possession of any communal land or forest or other land which is not a
ryoti land, shall not be entitled to any rights in, or to remain in possession of, such land.
3
if govt. directs

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 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.]

20. Rights of certain lessees and others.

(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 determined 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) [***]

(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 conferred 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.]

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Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

16. Rights of persons admitted into possession of ryoti land for non-agricultural
purpose. –
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 year4 commencing with
the fasli year in which the inam 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
(i) on or after the 1st day of July 1950 in the case of an existing inam estate, and (ii) on or after
the 1st day of April 1960, in the case of a new inam estate, shall be entitled to no rights in
respect of such land except where the Government otherwise direct.
17. Persons admitted into possession of non-ryoti land, how dealt with. –
(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 a ryotwari patta under section 9.
(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 inam 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 sub-clause (a) or sub-clause (b) of clause (16) of section 3 of the Estates Land Act and in
item (a) or item (b) of sub -clause (ii) of clause (17) of section 2 of this Act.
18. Rights of certain lessees and others. –

4
Faṣlī (“harvest”) is derived from the Arabic term for “division,” which in India was applied to the groupings of
the seasons. Fasli year means the period of 12 months from July to June.

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 (1) In cases not governed by any other provision of this Act, where on or after (i) the
1st day of July 1950 in the case of an existing inam estate; and (ii) the 1st day of April 1960 in
the case of a new inam estate, 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 (i) the 1st day of July 1950 in the case of
an existing inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate, 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 determined 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.

(c) Where any such right created before (i) the 1st day of July 1950 in the case of an existing
inam estate; and (ii) the 1st day of April 1960 in the case of a new inam estate 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.
(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.

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DETERMINATION, APPORTIONMENT AND PAYMENT OF
COMPENSATION

Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948
CHAPTER VII

24. Compensation how determined. - The compensation payable in respect of an estate shall
be determined in accordance with the following provisions.
25. Compensation to be determined for estates as a whole. - The compensation shall be
determined for the estate as a whole, and not separately for each of the interests therein.
26. Basic annual sum. - A sum called the basic annual sum shall first be determined in respect
of the estate.

Determination of Basic Annual Sum and Total Compensation :

Determination of Basic Annual Sum and Total Compensation is discussed

under Chapter XIII Section 39 :

(1)The Director determines

(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 he shall also, before passing any order under subsection (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).

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[(4-a) (i) The Director may, at any time either suo motu or on the application of any person,
review an order passed by him under sub-section (1) on any one or more of the following
grounds, namely: -
(1) that the said order is vitiated by any clerical or arithmetical mistake or error apparent
on the face of the record, or

(2) that subsequent to the passing of the said order, data for the better calculation of the
basic annual sum have become available, or

(3) that the said order requires to be modified in pursuance of the final order of any
competent authority or Court:

Provided that the Director shall not exercise his powers under this subsection in respect of any
estate, without giving every landholder concerned, and every applicant under this sub-section
and sub-section (2), a reasonable opportunity of being heard.]
(ii) A copy of every order passed under this sub-section shall be communicated to
the [Board of Revenue], and also to every landholder concerned, and every
applicant under this sub-section and sub-section (2).]

(5) Any person deeming himself aggrieved by an order made [under sub-section (1) or sub-
section (4-a)]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.

(6) The [Board of Revenue] may also in its discretion, at any time either suo motu or on the
application of any person, call for and examine the record of any order passed, or proceeding
taken, by the Director under this section, for the purpose of satisfying itself as to the legality,
regularity or propriety of such order or proceeding and pass such order in reference thereto as
it thinks fit:
Provided that the basic annual sum or the total compensation payable in respect of any estate
shall not be altered by the Board without giving every landholder concerned and every person
who has made an application under sub-section (2), a reasonable opportunity of being heard.
[(6-A) Notwithstanding anything contained in sub-section (5) or sub-section (6),
the [Board of Revenue]may, on application made to it by the Director or by any other
person in that behalf, review any order passed by it under sub-section (5) or sub-section

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 (6) if it is of the opinion that the said order is vitiated by an error in the decision on a
point of law or by a mistake and may make such order on the application as it thinks fit:

Provided that no application for review shall be granted by the [Board of Revenue] without
previous notice to every landholder concerned, and the applicant, to enable them to appear and
be heard in support of the order a review of which is applied for.]

(7) No order passed by the Director [under sub-section (1) or subsection (4-a)] shall be liable
to be cancelled or modified except by the [Board of Revenue] as aforesaid or to be questioned
in any Court of Law and no order passed by the [Board of Revenue] [under sub-section (5), (6)
or (6-A)] shall be liable to be cancelled or modified by the Government or any other authority
or to be questioned in any Court of

Chapter XIV discusses about Manner of payment :

40. Compensation, etc., to be paid in prescribed manner. - (1) The compensation payable to
any person under this Act and the sums payable to any religious, educational or charitable
institution under section 38, sub-sections (1) and (2), may be paid in such form and manner,
and at such time or times, and in one or more instalments, as may be prescribed by rules made
by the Government.
(2) Such rules shall be subject to [the approval both of the State Legislative Assembly and of
the State Legislative Council].

Deposit and Apportionment of Compensation

41. Compensation to be deposited in Office of Tribunal :
(1) The Government shall deposit in the office of the Tribunal, the compensation in respect
of each estate as finally determined under section 39, in such form and manner, and at such
time or times and in one or more instalments, as may be prescribed by rules made under section
40:
[Provided that the Government shall be entitled to deduct from the amount to be deposited -]
(a) the advance compensation referred to in section 54-A, sub-section (1)

(b) all moneys, if any, still remaining due to them -

(i) in respect of peshkash, quit-rent, jodi or other dues of a like nature, or

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 (ii) in respect of any claim which was secured immediately before the notified date
by a mortgage of, or a charge on, the estate or any portion thereof;

(c) the whole or any portion of the rents and excess collections referred to in sub-clause (i)
of clause (a) of sub-section (7) of section 50, which cannot be adjusted by deduction
under the said sub-section; and

(d) all interim payments deposited under sub-section (5) of section 50 in excess of the
amounts finally found to be payable under that section:

Provided further that where the total amount of the compensation payable in respect of any
estate stands altered after the deposit referred to above has already been made, the Government
may deposit the difference or withdraw the same from the deposit already made, or otherwise
adjust the same-in such manner and at such time or times as may be prescribed, and the
provisions of sections 42 to 49, and sections 51 and 52 shall apply to the amount finally under
deposit, and to this extent the Tribunal or the Special Tribunal, as the case may be, shall be
competent to revise its orders, if any, already passed.
(2) On the making of such deposit, the Government shall be deemed to have been completely
discharged in respect of all claims to, or enforceable against, the compensation aforesaid.

42. Claims to be made within six months :

(1) [Every person making a claim to, or enforceable against, the compensation] so deposited or
any portion thereof, including the principal or any other landholder, members of his family
claiming any portion of such compensation, whether by way of a share or by way of
maintenance or otherwise, and creditors, whether their debts are secured or not, shall apply to
the Tribunal within six months from the date on which the amount was so deposited or within
such further time [not exceeding six months] as the Tribunal may, in its discretion, allow.
[***]
[(2) Every claim to, or enforceable against, the compensation or any portion thereof which is
not made to the Tribunal within the time shall, -]
(i) insofar as it relates to the amount paid by the Tribunal under section 53; or

(ii) subject to the provisions of section 54-CC, insofar as it relates to the amount in respect
of which an order for payment has been made by the Tribunal or the Special Tribunal in
favour of any person, cease to be enforceable.

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43. Duty of Tribunal. - The Tribunal shall, after giving notice to all persons who have applied
under section 42 and to any others whom it considers to be interested, make inquiry into the
validity of the claims received by it, and determine the persons who, in its opinion, are entitled
to the compensation deposited and the amount to which each of them is entitled.

44. Compensation to be apportioned by Tribunal :

(1) As a preliminary to such determination, the Tribunal shall apportion the compensation
among the principal landholder and any other persons whose rights or interests in the estate
stand transferred to the Government under section 3, clause (b), or cease and determine under
section 3, clause (c), including persons who are entitled to be maintained from the estate and
its income, as far as possible, in accordance with the value of their respective interests in the
estate.
(2) The value of these interests shall be ascertained -
(a) in the case of the impartible estates referred to in section 45, in accordance with the
provisions contained in that section and in such rules, not inconsistent with that section,
as may be made by the Government in this behalf; and

(b) in the case of other estates, in accordance with such rules as may be made by the
Government in this behalf.

(3) A copy of every rule made under sub-section (2) shall, as soon as may be after it has been
made, be laid on the table of the State Legislative Assembly.

45. Apportionment in the case of certain impartible estates : (1) In the case of an impartible
estate which had to be regarded as the property of a joint Hindu family for the purpose of
ascertaining the succession thereto immediately before the notified date, the following
provisions shall apply.
(2) The Tribunal shall determine the aggregate compensation payable to all the following
persons, considered as a single group: -
(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the
male line living or in the womb on the notified date, including, sons, grandsons and
great-grandsons adopted before such date (who are hereinafter called "sharers") and

(b) other persons who, immediately before the notified date, were entitled to maintenance
out of the estate and its income either under section 9 or 12 of the [Tamil
Nadu] Impartible Estates Act, 1904 (Tamil Nadu Act II of 1904) or under any decree or

- 21 -
 order of a Court, award, or other instrument in writing or contract or family arrangement,
which is binding on the principal landholder (who are hereinafter called "maintenance-
holders"):

Provided that no such maintenance-holder shall be entitled to any portion of the aggregate
compensation aforesaid, if, before the notified date, his claim for maintenance, or the claim of
his branch of the family for maintenance, has been settled or discharged in full.

(3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their
debts paid from and out of the assets of the impartible estate and the amount to which each of
them is so entitled; and only the remainder of the aggregate compensation shall be divisible
among the sharers and maintenance-holders as hereinafter provided.

(4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders
shall be determined by the Tribunal and notwithstanding any arrangement already made in
respect of maintenance whether by a decree or order of a Court, award or other instrument in
writing or contract or family arrangement, such portion shall not exceed one-fifth of the
remainder referred to in sub-section (3), except in the case referred to in the second proviso to
section 47, sub-section (2).

(5) (a) The Tribunal shall, in determining the amount of the compensation payable to the
maintenance holders and apportioning the same among them, have regard, as far as possible,
to the following considerations, namely: -
(i) the compensation payable in respect of the estate;

(ii) the number of persons to be maintained out of the estate;

(iii) the nearness of relationship of the person claiming to be maintained;

(iv) the other sources of income of the claimant; and

(v) the circumstances of the family of the claimant.

(b) For the purpose of securing (i) that the amount of compensation payable to the
maintenance holders does not exceed the limit specified in sub-section (4) and (ii) that
the same is apportioned among them on an equitable basis, the Tribunal shall have
power, wherever necessary, to re-open any arrangement already made in respect of

- 22 -
 maintenance, whether by a decree or order of a Court, award, or other instrument in
writing, or contract or family arrangement.

(6) The balance of the aggregate compensation shall be divided among the sharers, as if they
owned such balance as a joint Hindu family and a partition thereof had been effected among
them on the notified date.
Advance payment of compensation :

54A. Advance payment of compensation and its apportionment, etc. - (1) In the case of every
estate not governed by section 38, the Government shall estimate roughly the amount of the
compensation payable in respect of the estate, and deposit one-half of that amount within six
months from the notified date in the office of the Tribunal, as advance payment on account of
compensation:
Provided that in the case of an estate notified before the commencement of the [Tamil
Nadu] Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950, the deposit
may be postponed to a date which is not later than the 30th day of June 1950.
(2) From the amount to be deposited under sub-section (1), the Government shall be entitled to
deduct -
[(a) (I) one-half of all moneys, if any, due to them -

(i) in respect of peshkash, quit-rent, jodi or other amount, if any, of a like

nature, or

(ii) in respect of any claim which was secured immediately before the notified
date by a mortgage of, or a charge on, the estate or any portion thereof; and

(II) the rents, if any, collected before the notified date by the landholder from the
ryots in respect of the fasli year in which the estate is notified and any amount
collected by him from the ryots in excess of the rent determined under the [Tamil
Nadu] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] Act XXX of
1947), and outstanding to the credit of the ryots on the first day of that fasli year.]

(b) one-half of the basic annual sum referred to in sub-section (3) of section 50, if the
deposit in pursuance of this section is made in the fasli year in which the estate is notified
but after the interim payment in respect of that fasli year has been deposited under
section 50.

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[Explanation. - Any amount collected by the Government on behalf of the landholder as rent
from the ryots in excess of the rent determined under the [Tamil Nadu] Estates Land (Reduction
of Rent) Act, 1947 ([Tamil Nadu] Act XXX of 1947), and paid to the landholder shall, for the
purpose of this sub-section, be deemed to be an amount collected by the landholder.]
(3) On the making of a deposit in pursuance of this section, the Government shall be deemed
to have been completely discharged in respect of all claims to, or enforceable against, the
amount deposited.
(4) The Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amount deposited
in pursuance of this section among the principal landholder and the other persons referred to in
section 42, as far as possible in accordance with the value of their respective interests; and the
provisions of sections 42 to 46 (both inclusive), 48,49,51,52 and 53 shall apply mutatis
mutandis in respect of the amount so deposited.
[(5) (a) Notwithstanding anything contained in sub-sections (1) to (4), if data for the better
calculation of the amount payable as advance compensation become available, the amount to
be paid may be recalculated by the Government with reference to such data.]
(b) Where any amount of advance compensation deposited in respect of any estate under
this section exceeds or is less than the amount as recalculated in accordance with clause
(a), such amount available with the Tribunal may be withdrawn by the Government, and
in the case of a deficiency the Government may deposit with the Tribunal such amount
as may be necessary, to make up the deficiency.

Additional Compensation :
54B. Additional compensation and its apportionment. - (1) As soon as may be after [the final
determination of the amounts of compensation payable under section 39 in respect of -
(a) all the zamindari estates, and

(b) all the under-tenure estates in respect of which there is no decision under section 10
either of the Settlement Officer or of the Tribunal on appeal from the Settlement Officer,
that they were estates created before the dates of the permanent or temporary settlement
of the principal estates concerned or before the 13th day of July 1802, as the case may
be] if it is found that the aggregate of such amounts falls short of twelve and a half crores
of rupees, the Government shall be under an obligation to distribute among
the [zamindari estates and under-tenure estates aforesaid] an amount equal to that by
which the aggregate so falls short, the sum payable in respect of each such estate being

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 in proportion to the amount of compensation as finally determined in respect thereof
under section 39.

(2) The sum payable under sub-section (1) in respect of each such estate shall be deposited by
the Government in the office of the Tribunal, and on the making of such deposit the
Government shall be deemed to have been completely discharged in respect of all claims to, or
enforceable against, the sum deposited.
(3) The Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the sum deposited
under sub-section (2) in respect of any estate among the principal landholder and the other
persons referred to in section 42, as far as possible in accordance with the value of their
respective interests; and the provisions of sections 42 to 46 (both inclusive), 48, 49, 51, 52 and
53 shall apply mutatis mutandis in respect of the sum so deposited:
[Provided that no creditor shall be entitled to apply for the payment of any portion of the sum
deposited as aforesaid in respect of which portion his claim has been satisfied on the date of
such application.]

[54C. Limitation for claims by persons entitled to payment. - [Every person in whose favour
an order for payment has been made by the Tribunal shall make an application for payment
within three months from the date of such order:]
Provided that the Tribunal may, within such further time not exceeding six months as it may in
its discretion allow, admit a claim preferred after the period of three months aforesaid if it is
satisfied that the claimant had sufficient cause for not preferring the claim within that period:
Provided further that, where an appeal has been filed before the Special Tribunal against the
said order for payment, the aforesaid period of three months shall be reckoned from the date of
the decision of the Special Tribunal on the appeal.

[54CC. Unclaimed and undisbursed amounts how dealt with - (1) (a) All amounts deposited in
the office of the Tribunal under sub-section (1) of section 41, sub-sections (5) and (7) of section
50, sub-section (1) and clause (b) of subsection (5) of section 54-A, sub-section (2) of section
54-B, or sub-section (2) of section 55-A and remaining unpaid and with reference to which no
claim has been made within the time specified in sub-section (1) of section 42, or in clause (a)
of sub-section (5-A) of section 50 or in sub-section (4) of section 55-A, as the case may be, or
no application for payment has been made within the time specified in section 54-C; and

- 25 -
 (b) all amounts deposited as aforesaid and remaining unpaid after the expiry of a period of
six months from the date of disposal of the application under section 54-C,

shall be withdrawn by the Tribunal and deposited in the District Court having jurisdiction over
the estate concerned in the name of the estate or, as the case may be, in the name of the person
or persons in whose favour an order for payment has been made by the Tribunal or the Special
Tribunal.
(2) All amounts deposited by the Tribunal in the District Court under subsection (1) shall be
dealt with by the District Court in accordance with such rules as may be made by the
Government in this behalf.
(3) Every person making a claim to, or enforceable against, any amount held in deposit under
sub-section (1) shall apply to the District Court in the prescribed form setting forth his claim.
(4) The District Court shall, after giving notice to all persons who have applied under sub-
section (3) and to any others whom it considers to be interested, make enquiry into the validity
of the claims received by it and subject to the provisions of sub-section (5) determine the
persons who are entitled to the amount held in deposit and the amount to which each of them
is entitled.
(5) Every order for payment made by the Tribunal or the Special Tribunal in favour of any
person shall be binding on the District Court.]

54D. Balance of excess rent collections and excess payments of advance compensation to be
recovered from the additional compensation. - The Government shall be entitled to deduct from
the amount, if any, to be deposited under sub-section (2) of section 54-B -
(a) any balance out of the rents and excess collections referred to in sub-clause (i) of clause
(a) of sub-section (7) of section 50 remaining to be recovered from the landholder; and

(b) any balance to be recovered from the landholder out of the advance compensation paid
to him in excess of the amount due to him under section 54-A.

[54E. Amount which may be deducted under section 41 recoverable as arrear of land revenue. -
Any sum representing the whole or any portion of the rents and excess collections referred to
in clause (c) of the first proviso to sub-section (1) of section 41, which cannot be adjusted by
deduction under the said clause, shall be recoverable as if it were an arrear of land revenue.]
54F. Wrong and excess payment to be recoverable as land revenue. - Where any payment made
to any person is subsequently found to be not due to him or to be in excess of the amounts due
to him, the amount which is found to be not due or which is in excess, as the case may be, with

- 26 -
interest thereon at three per cent per annum, or any portion thereof which cannot be otherwise
adjusted by deduction from any amounts due to such person, shall be recoverable as if it were
an arrear of land revenue.
[54G. Recovery of amount paid on cancellation of notifications issued under section 1(4). - If
any amount has been paid to any person under this Act in pursuance of a notification issued
under sub-section (4) of section 1 and if such notification is subsequently quashed by order of
Court, or cancelled by the Government, the amount so paid, with interest thereon at three per
cent per annum, shall be recoverable as if it were an arrear of land revenue.

54H. Recovery of excess collection made by a darmila inamdar. - (1) If, in an estate notified
under this Act, a darmila inamdar has collected any amount by way of rent or miscellaneous
revenue in respect of the portion of the estate comprising his darmila inam, for the fasli year in
which the estate, is notified and for any subsequent fasli years, then, such amount, together
with interest thereon at three per cent per annum, shall be recoverable as if it were an arrear of
land revenue.

(2) If, in respect of the said fasli years, any person is liable to pay land revenue or miscellaneous
revenue under this Act to the Government, the amounts paid by him to the darmila inamdar
shall be adjusted towards such liability.
Explanation. - Any amount collected by the Government on behalf of the darmila inamdar in
respect of the portion of the estate comprising his darmila inam, byway of rent or miscellaneous
revenue, and paid to him shall be deemed to be an amount collected by him.]]

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Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

2. Definitions :
(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);

notified date, by the Tamil Nadu Impartible Estates Act, 1904 ([Tamil Nadu] Act II of
1904);

(7) "inam estate" means an existing inam estate or a new inam estate;

Chapter VI

Determination, Apportionment and Payment of Compensation General

Provisions

22. The compensation how determined :

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

23. Compensation to be determined for inam estate as a whole : The compensation shall be
determined for the inam estate as a whole, and not separately for each of the interest thereon.
24. Basic annual sum. - A sum called the basic annual sum shall first be determined in
respect of the inam estate.

Basic Annual Sum for Inam Estate

25. Component parts of basic annual sum in inam estate :The basic annual sum shall be the
aggregate of the sums specified below, less the deductions specified in section 28:-,
(i) the whole of the gross annual ryotwari demand in respect of all, lands in the inam estate
in respect of which any person other than the landholder is entitled to a ryotwari patta,
as ascertained under section 26, less the deduction specified therein.

- 28 -
 (ii) the whole of the average net annual miscellaneous revenue derived from all other
sources in the inam estate specified in clause (b) of section 3, but not including lands in
respect of which the landholder is entitled to ryotwari patta, as ascertained under section
27.

26. Computation of ryotwari demand and deduction therefrom : (1) The gross annual
ryotwari demand in respect of the lands referred to in clause (f) of section 25, shall be the total
of the ryotwari assessments imposed in pursuance of a settlement effected under section 20 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 3-1/3
per cent of such demand on account of the maintenance of irrigation works serving the inam
estate:
Provided that no such deduction shall be made, if there is no irrigation work serving the inam
estate, or if the landholder is under no legal obligation to maintain any such work serving the
inam estate:
Provided further that where the obligation of the landholder to maintain every one of the
irrigation works serving the inam estate is shared by him either with the Government or with
the landholder of some other inam estate, the percentage of such deduction shall be reduced by
such extent as the Government may deem reasonable.
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 water-cess under any law governing the levy of such
cess in the State of Tamil Nadu 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.

27. Computation of net miscellaneous revenue :The average net annual miscellaneous
revenue from the sources referred to in clause (ii) of section 25, 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 date of July immediately
succeeding the notified date, if such date was not the 1st day of July and the next fasli year in
case ryotwari settlement is effected in that year or the next two fasli years in other cases.

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28. Assessment and jodi, etc., to be deducted From the aggregate of the sums referred to in
clauses (i) and (ii) of section 25, ascertained as aforesaid, there shall be deducted -
(a) the whole of the assessment levied on any land in an inam estate under the [Tamil
Nadu] Inams (Assessment) Act, 1956 ([Tamil Nadu] Act XL of 1956) in respect of
which land the landholder is entitled to a ryotwari patta under section 9;

(b) 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

(c) the whole of the [jodi], kattubadi or other amount, if any (excluding local cesses and
taxes), payable annually by the landholder immediately before the notified date, to a
landholder of some other inam 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), (b) and (c) shall, in no case, exceed one-
half of the net amount computed in accordance with section 26.

29. A person deemed to be landholder in certain cases. - (1) For the purpose of sections
25,26 and 28, any person who had, immediately before the notified date, any right or interest
in any land in an inam estate as a landholder, shall be deemed to be a landholder of such inam
estate.
(2) The ryotwari assessment imposed on, and the miscellaneous revenue derived from, all lands
in an inam estate in respect of which, any landholder mentioned in sub-section (1) is entitled
to ryotwari patta under any provision of this Act, shall be excluded in determining the basic
annual sum.

30. Special provision in respect of lands falling under section 11. - Notwithstanding
anything contained in sections 25 to 29 -
(i) the ryotwari assessment imposed on all lands in an inam estate in respect of which any
person including a landholder is entitled to a ryotwari patta under section 11 shall be
excluded in determining the basic annual sum;

(ii) the miscellaneous revenue derived from all lands in an inam estate in respect of which
any person (other than a landholder) is entitled to a ryotwari patta under section 11 shall
be included in determining the basic annual sum.

Scale of Compensation

- 30 -
31. Scale of compensation except in the case governed by section 32. - The total
compensation payable in respect of any inam estate shall, except in the case governed by
section 32, be determined in accordance with the following scale:-

(i) where the basic annual sum does 30 times such sum
not exceed Rs. 1,000

(ii) where the annual sum exceeds 25 times such sum or Rs.
Rs. 1,000 but does not exceed 30,000 whichever is
Rs. 3,000 greater

(iii) where the basic annual sum 20 times such sum or Rs.
exceed Rs. 3,000 but does not 75,000 whichever is
exceed Rs. 20,000 greater

(iv) where the annual sum exceeds 17'/2 times such sum or
Rs. 20,000 but does not exceed Rs. 4,00,000 whichever
Rs. 50,000 is greater

(v) where the basic annual sum 15 times such sum or Rs.
exceeds Rs. 50,000 but does not 8,75,000 whichever is
exceeds Rs.1,00,000 greater.

(vi) where the basic annual sum 12'/2 times such sum or
exceeds Rs. 1,00,000 Rs. 15,00,000
whichever is greater

Payments to Religious, Educational and Charitable Institutions

32. 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.]

- 31 -
(2) Where the tasdik allowance payable is less than the difference between-
(a) the average net annual income derived by the institution from all sources in the inam
estate or part as calculated in the prescribed manner during the five complete fasli years
immediately preceding the fasli year 1357 or during that portion of those fasli year in
which the inam 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 to in clause (a) of sub-
section (2) 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 sub-sections (1) and (2) so long as it exists.
(5) Nothing contained in this section shall apply where any land (not consisting of an entire
village or not being a part village inam estate) granted on service-tenure to the institution falls
under sub-clause (c) of clause (16) of section 3 of the Estates Land Act or item (c) of sub-clause
(ii) of clause (17) of section 2 of this Act.

33. Inam estates or part thereof held by service-holder how dealt with. - (1) Where an inam
estate or part thereof was held immediately before the notified date by an individual
(hereinafter in this section referred to as the service-holder) on condition of rendering service
to a religious institution, the individual shall, subject to the provisions of sub-section (8), be
bound to render such service after the notified date.
(2) The compensation and interim payment payable under this Act in respect of part of an inam
estate referred to in sub-section (1) shall be such portion of the compensation or interim
payment, as the case may be, payable for the inam estate as may, on a calculation in the
prescribed manner, be ascribed to that part.
(3) The Government shall deposit in the office of the Tribunal the compensation and interim
payment payable under this Act in respect of the said estate or part thereof:
Provided that the Government shall be entitled to deduct from the amount to be deposited all
moneys, if any, due to them in respect of the said estate or part thereof.

- 32 -
(4) On the making of the deposit under sub-section (3), the Government shall be deemed to
have been completely discharged in respect of all claims to, or enforceable against, the
compensation payable under this Act.
(5) In respect of any inam estate or part thereof referred to in sub-section (1), such amount as
the Tribunal may adjudge as the sum payable to the service-holder out of the compensation or
interim payments deposited under sub-section (3) shall, notwithstanding anything contained in
this Act, be paid by the Tribunal to the religious institution concerned.
(6) Any sum received by a religious institution under sub-section (5) shall be invested by the
institution in securities in the prescribed manner, for the sole benefit of the service concerned.
(7) For so long as the service-holder renders the service, the religious institution concerned
shall pay the service-holder every year-
(i) the income accruing from the investment made under sub-section (6); and

(ii) the amount received by the institution in respect of the interim payment for the year.

(8) (i) Where a service-holder is entitled to a ryotwari patta under section 9 in respect of any
land, he shall have the option-
(a) either to pay to the religious institution the amount specified in subsection (9) and
on such payment the land shall, notwithstanding anything contained in sub-section
(11), be discharged from the condition of the service; or

(b) to hold the land and continue to render service subject to the provisions contained
in sub-sections (1) to (7) and (11).

(ii) the option referred to in clause (i) shall he exercised within such period from the notified
date and in such manner as may be prescribed.

(9) The amount referred to in sub-section (8) shall be twenty times the difference between the
fair rent in respect of such land determined in accordance with the provisions contained in
Schedule II and the land revenue due on such land.
(10) Where the service-holder has exercised his option to pay the amount specified in sub-
section (9), the investment made under sub-section (6) and the interim payments, if any,
received by the institution for. the period subsequent to the date of exercise of such option,
shall be the absolute property of the institution and the institution shall be at liberty to make
such arrangement as it thinks fit for the performance of the service.
(11) If the service-holder fails to render the service, the prescribed authority shall, after such
enquiry and notice to the service-holder as may be prescribed in this behalf, notify such failure

- 33 -
in such manner as may be prescribed. He shall, then, declare that the investment made under
sub-section (6) and the interim payments, if any, received by the institution for the period
subsequent to the date of default by the service-holder and the land for which the service-holder
was granted ryotwari patta in accordance with the provisions of section 9 shall be the absolute
property of the institution and the institution shall be at liberty to make such arrangement as it
thinks fit for the performance of the service.
Explanation I. - 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.
Explanation II. - For the purposes of this section,-
(i) service-holder includes his heirs;

(ii) non-performance of the service due to illness or other temporary disability shall not be
deemed to be failure to render service, provided that the service-holder makes alternative
arrangements for rendering the service during the period of such illness or of other
temporary disability.

Explanation III. - For the purposes of sub-section (9) "land revenue" means the ryotwari
assessment including the additional assessment, water-cess and additional water-cess.

Determination of Basic Annual Sum and Total Compensation

34. Determination of basic annual sum and total compensation. - (1) The Director shall
determine, in accordance with the foregoing provisions,-
(a) the basic annual sitm in respect of an inam estate; and

(b) except in the case governed by section 32, also the total compensation payable in respect
of such 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 purposes to determine the basic annual sum.
(3) On the receipt of such application, the Director shall furnish the data aforesaid to the
applicant; and he 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).

- 34 -
(5) (a) The Director may, at any time, either suo motu or on the application of any person,
review an order passed by him under sub-section (1) on any one or more of the following
grounds, namely:-
(i) that the said order is vitiated by any clerical or arithmetical mistake or error
apparent on the face of the record; or

(ii) that subsequent to the passing of the said order, data for the better calculation of
the basic annual sum have become available, or

(iii) that the said order requires to be modified in pursuance of the final order of any
competent authority or Court:

Provided that the Director shall not exercise his powers under this subsection in respect of any
inam estate, without giving every landholder concerned, and every applicant under this sub-
section and sub-section (2), a reasonable opportunity of being heard.
(b) A copy of every order passed under this sub-section shall be communicated to the Board
of Revenue1 and also to every landholder concerned, and every applicant under this sub-
section and sub-section (2).

(6) Any person deeming himself aggrieved by an order made under sub-section (1) or sub-
section (5) may, within three months from the date of the order or such further time as the
Board of Revenue2 may, in its discretion allow, appeal to the Board; and the Board shall, after
giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as
it thinks fit.
(7) The [Board of Revenue] may also in its discretion at any time, either suo motu or on the
application of any person, call for and examine the record of any order passed, or proceeding
taken, by the Director under this section, for the purpose of satisfying itself as to the legality,
regularity or propriety of such order or proceeding and pass such order in reference thereto as
it thinks fit:
Provided that the basic annual sum or the total compensation payable in respect of any inam
estate shall not be altered by the Board without giving every landholder concerned and every
person who has made an application under subsection (2) a reasonable opportunity of being
heard.
(8) Notwithstanding anything contained in sub-section (6), or sub-section (7), [the Board of
Revenue]may, on application made to it by the Director or by any other person in that behalf,
review any order passed by it under sub-section (6) or sub-section (7) if it is of the opinion that

- 35 -
the said order is vitiated by an error in the decision on a point of law or by a mistake and may
make such order on the application as it thinks fit:
Provided that no application for the review shall be granted by the [Board of Revenue] without
previous notice to every landholder concerned, and the applicant, to enable them to appear and
be heard in support of the order a review of which is applied for.
(9) No order passed by the Director under sub-section (1) or sub-section (5) shall be liable to
be cancelled or modified except by [the Board of Revenue] as aforesaid; and no order passed
by [the Board of Revenue] under sub-section (6), (7) or (8) shall be liable to be cancelled or
modified by the Government or any other authority.

Manner of Payment

35. Compensation, etc., to be paid in prescribed manner. - (1) The compensation payable to
any person under this Act and the sums payable to any religious, educational or charitable
institution under sub-sections (1) and (2) of section 32, may be paid in such form and manner,
and at such time or times, and in one or more instalments, as may be prescribed.

Deposit and Apportionment of Compensation

36. Compensation to be deposited in office of Tribunal. - (1) The Government shall deposit
in the office of the Tribunal, the compensation in respect of each inam estate as finally
determined under section 34, in such form and manner, and at such time or times and in one or
more instalments, as may be prescribed:
Provided that the Government shall be entitled to deduct from the amount to be deposited-
(a) all moneys, if any, still remaining due to them-

(i) in respect of quit-rent, jodi or other dues of a like nature, or

(ii) in respect of any claim which was secured immediately before the notified date
by a mortgage of, or a charge on, the inam estate or any portion thereof;

(b) the whole or any portion of the rents and excess collections referred to in the proviso to
sub-section (3) of section 45 which cannot be adjusted by deduction under the said sub-
section; and

(c) all interim payments deposited under sub-section (5) of section 45 in excess of the
amounts finally found to be payable under that section:

- 36 -
Provided further that where the total amount of the compensation payable in respect of any
inam estate stands altered after the deposit referred to above has already been made, the
Government may deposit the difference or withdraw the same from the deposit already made
or otherwise adjust the same in such manner and at such time or times, as may be prescribed,
and the provisions of sections 37 to 44 and of sections 46 and 47 shall apply to the amount
finally under deposit, and to this extent the Tribunal or the Special Appellate Tribunal, as the
case may be, shall be competent to revise its orders, if any, already passed.
(2) On the making of such deposit, the Government shall be deemed to have been completely
discharged in respect of all claims to, or enforceable against, the compensation aforesaid.

37. Claims to be made within six months. - (1) Every person who makes a claim to, or
enforceable against, the compensation deposited under any of the provisions of this Act or any
portion thereof, including the principal or any other landholder, members of his family claiming
any portion of such compensation, whether by way of a share or by way of maintenance or
otherwise, and creditors, whether their debts are secured or not, shall apply to the Tribunal
within six months from the date on which the amount was deposited or within such further time
not exceeding three months as the Tribunal may, in its discretion, allow.
(2) Every claim to, or enforceable against, the compensation or any portion thereof which is
not made to the Tribunal within the time aforesaid shall,-
(i) in so far as it relates to the amount paid by the Tribunal under section 48;or

(ii) subject to the provisions of section 51, in so far as it relates to the amount in respect of
which an order for payment has been made by the Tribunal or the Special Appellate
Tribunal in favour of any person, cease to be enforceable.

38. Duty of Tribunal. - The Tribunal shall, after giving notice to all persons who have applied
under section 37 and to any others whom it considers to be interested, make inquiry into the
validity of the claims received by it, and determine the persons who, in its opinion, are entitled
to the compensation deposited and the amount to which each of them is entitled.

39. Compensation to be apportioned by Tribunal. - (1) As a preliminary to such

determination, the Tribunal shall apportion the compensation among the principal landholder
and any other persons whose rights or interests in the inam estates stand transferred to the
Government under clause (b) of section 3, or cease and determine under clause (c) of section

- 37 -
3, including persons who are entitled to be maintained from the inam estate and its income, as
far as possible in accordance with the value of their respective interests in the inam estate.
(2) The value of those interests shall be ascertained-
(a) in the case of the impartible inam estates referred to in section 40, in accordance with
the provisions contained in that section and in such rules, not inconsistent with that
section, as may be made by the Government in this behalf; and

(b) in the case of other inam estates, in accordance with such rules as may be made by the
Government in this behalf.

40. Apportionment in the case of certain impartible inam estates. - (1) In the case of an
impartible inam estate which had to be regarded as the property of a joint Hindu family for the
purpose of ascertaining the succession thereto immediately before the notified date, the
following provisions shall apply.
(2) The Tribunal shall determine the aggregate compensation payable to all the following
persons, considered as a single group:-
(a) the principal landholder and his legitimate sons, grandsons, and great-grandsons in the
male line living or in the womb on the notified date, including sons, grandsons and great-
grandsons adopted before such date (who are hereinafter called "sharer"); and

(b) other persons who, immediately before the notified date were entitled to maintenance
out of the estate and its income either under section 9 or 12 of the [Tamil
Nadu] Impartible Estates Act, 1904 ([Tamil Nadu] Act 11 of 1904), or under any decree
or order of a Court, award, or other instrument in writing or contract or family
arrangement which is binding on the principal landholder (who are hereinafter called
"maintenance-holders"):

Provided that no such maintenance-holder shall be entitled to any portion of the aggregate
compensation aforesaid, if, before the notified date, his claim for maintenance or the claim of
his branch of the family for maintenance, has been settled or discharged in full.
(3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their
debts paid from and out of the assets of the impartible inam estate and the amount to which
each of them is so entitled; and only the remainder of the aggregate compensation shall be
divisible among the sharers and maintenance-holders as hereinafter provided.

- 38 -
(4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders
shall be determined by the Tribunal and notwithstanding any arrangement already made in
respect of a maintenance, whether by a decree or order of a Court, award or other instrument
in writing or contract or family arrangement, such portion shall not exceed one-fifth of the
remainder referred to in sub-section (3), except in the case referred to in the second proviso to
subsection (2) of section 42.
(5) (a) The Tribunal shall, in determining the amount of compensation payable to the
maintenance-holders and apportioning the same among them, have regard, as far as possible,
to the following considerations, namely:-
(i) the compensation payable in respect of the inam estate;

(ii) the number of persons to be maintained out of that estate;

(iii) the nearness of relationship of the person claiming to be maintained;

(iv) the other sources of income of the claimant; and

(v) the circumstances of the family of the claimant.

(b) For the purpose of securing-

(i) that the amount of compensation payable to the maintenance-holders does not
exceed the limit specified in sub-section (4); and

(ii) that the same is apportioned among them on an equitable basis, the Tribunal shall
have power, wherever necessary, to reopen any arrangement already made in
respect of maintenance, whether by a decree or order of a Court, award, or other
instrument in writing, or contract or family arrangement.

(6) The balance of the aggregate compensation shall be divided among the sharers, as if they
owned such balance as a joint Hindu family and a partition thereof had been effected among
them on the notified date.

41. Claims of creditors. - After the compensation has been apportioned among the persons
referred to in sub-section (1) of section 39, or where it is more convenient so to do pending
such apportionment, the Tribunal shall take into consideration the applications of the creditors
other than those dealt with in subsection (3) of section 40, and decide the amount to which each
such creditor is entitled and the person or persons out of whose share or shares of the
compensation such amount should be paid.

- 39 -
42. Grant of ryotwari patta to maintenance-holders in certain impartible inam estates. -
(1) Every maintenance-holder entitled to a portion of the compensation under section 40 shall
also be entitled to the grant of a ryotwari patta in respect of a portion of the lands referred to in
section 9.
(2) The Tribunal shall determine the total extent of the lands in respect of which ryotwari pattas
may be granted to the maintenance-holders and divide the same among them and, in doing so,
the Tribunal shall, unless for reasons recorded in writing, it considers that it is inappropriate to
do so, have regard to the considerations set forth in sub-section (5) of section 40 and the manner
in which the compensation payable to the maintenance-holders has been or may be apportioned
among them under that sub-section:
Provided that the total extent of the lands granted to all such maintenance-holders shall not
exceed one-fifth of the extent of the lands in respect of which ryotwari patta may be granted
under section 9:
Provided further that where it is found to be inconvenient or impracticable to grant any such
lands, or to grant any such lands to the full extent to which the maintenance-holder may be
regarded as entitled, whether on the ground that such a grant will result in the creation of an
uneconomic holding or for any other reason, the share of the compensation awarded to the
maintenance-holder may be increased by such amount as the Tribunal may consider reasonable.
(3) The lands in respect of which ryotwari patta may be granted under section 9, after excluding
any lands which may be granted to maintenance-holders under sub-section (2), shall be divided
among the sharers, as if they owned such lands, as a joint Hindu family and a partition thereof
had been effected among them on the notified date.

43. Certain estates to be treated as impartible inam estates for purposes of

compensation. - Where the power of the landholder to alienate any property in an inam estate
is restricted whether by the terms of the grant or otherwise, the provisions of this Act relating
to the payment and apportionment of compensation in respect of impartible inam estate shall,
so far as maybe and subject to such rules as may be made by the Government in this behalf,
apply to the payment and apportionment of the compensation payable in respect of the inam
estate.
44. Devolution of interest in compensation. - Where it is alleged that the interest of any
person entitled to receive payment of any portion of the compensation has devolved on any
other person or persons, whether by act of parties or by operation of law, the Tribunal shall

- 40 -
determine whether there has been any devolution of the interest, and if so, on whom it has
devolved.

- 41 -
BASIC ANNUAL SUM IN ZAMINDARI ESTATES

According to section 27 of Tamil Nadu Estates (Abolition and Conversion Into Ryotwari)
Act, 1948, In the case of a zamindari estate, the basic annual sum shall be the aggregated by
the followings;

COMPUTATION OF RYOTWARI DEMAND AND DEDUCTIONS :

(i) one-third of the gross annual ryotwari demand of all lands(excluding lanka lands) in
respect of any person other than landholder

(ii) one-third of the gross annual ryotwari demand in respect of-

(a) all lanka lands in which any person other than landholder.

(b) all lanka lands which in the opinion of the Government are sufficiently permanent
in respect of which any person other than landholder.

The deductions from the above mentioned clauses are :

(a) five per cent of the gross annual ryotwari demand as computed above in respect of the
lands 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
irrigation works serving the estate

EXCEPTIONS :

• 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

• And when 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

- 42 -
 irrigation works shall be reduced by such extent as the Government may deem
reasonable.

COMPUTATION OF INCOME FROM LANKA LANDS :

(iii) one-third of the average net annual income derived from all lanka lands 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 to enable the
levy thereon of ryotwari assessment

The deductions from the above mentioned clauses are :

one-third of the average net annual income derived from all lanka lands in the estate 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.

COMPUTATION OF NET MISCELLANEOUS REVENUE :

(iv) one-third of the average net annual miscellaneous revenue derived from all other
sources in the estate

(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.

when 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 in case ryotwari settlement is effected in that year or of the next two fasli years in other
cases.

- 43 -
INAM ESTATE : According to INAM ABOLITION ACT 1956, An inam is a gift of land or
land revenue. The origin of the inam can be traced back to the times of hindu, mohammadan
periods of rule. Parcels of lands were granted by the hindu and mohammadan rulers to persons
for services rendered by such persons or the services rendered by such persons in future.

BASIC ANNUAL SUM IN INAM ESTATE

According to section 31 the basic annual sum shall be the aggregated by the following :

COMPUTATION OF RYOTWARI AND DEDUCTIONS:

(i) the whole of the gross annual ryotwari demand 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.

(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) lanka lands which in the opinion of the Government are sufficiently permanent to
enable the levy thereon of ryotwari assessment.

The deductions from the above mentioned clauses are :

(1) it 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 3-1/2
per cent of such demand on account of the maintenance of [irrigation works serving the estate]:

EXCEPTIONS :
• 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

- 44 -
 • 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.

COMPUTATION OF INCOME FROM LANKS LANDS :

(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).

The deductions are :

(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:
(b) Where such lands have not been in existence for a period of five complete fasli years

(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.

COMPUTATION OF MISCELLANEOUS REVENUE :

- 45 -
 (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,

The deductions are :

According to section 34, the miscellaneous revenue 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 in the next fasli year in
case the ryotwari settlement is effected in that year or of the next two fasli years.

JODI , ETC., TO BE DEDUCTED :

According to section 35 ,

From the aggregate of the sums referred to in section 31, clauses (i) to (iv), 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 cesses 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:

These deductions should not exceed one-half of the aggregate of the net amounts computed in
accordance with sections 32 and 33.

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