The Jenmikaram Payment (Abolition) Act, 1960

75 THEJENMIKARAM PAYMENT (ABOLITION) ACT, 1960 (ACT 3 OF 1961) CONTENTS Preamble. Sections. CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Defi~itions~ II CHAPTER Abolition of Jenmikaram and payment of compensation to Jenmies 3. Jenmikaram to be abolished. 4. Amount of compensation to be paid. 5. Compensation to be paid in cash or in bonds. 6. Interim compensation to be paid in case of delay in payment of compensation. 7. Proceedings relating to payment of compensation to lie before Compensation Officer. 8. Jenmikaram Register presumed to describe correctly the right, title - and interest of the Jenmi and Kudiyan. 9. Compensation roll1 to be prepared by the Compensation Officer. 10. Publication of draft compensation roll. 11. Orders of Compensation Officers to be deemed to be decrees of Civil Courts. 12. Corrections to the final compensation rolls. 13. Payment of compensation.~ 14. Payment of compensation to be full discharge of the liability to pay jenmikaram. , III CHAPTER Recovery from kudiyans of the compensation amounts paid to Jenmies 15. Kudiyan liable to pay compensation. 16. Compensation recoverable in sixteen instalments. 17. Payment of compensation in the nearest treasury. 18. Government may condone default. 19. Kudiyans continued liability to repay compensation m case of division or transfer of holding. 20. Compensation recoverable under Revenue Recovery Act. • , 76 IV CHAPTER Mhcellaneous 21. Compensation Officer. 22. Compensation Officer a public servant. 23. No action to lie against Government or any officer. 24. Rules. 25. Difficulties. 26. Repeal. SCHEDULE. THE JENMIKARAM PAYMENT (ABOLITION) ACT, 1960 • (ACT 3 OF 1961) An Act for the abolition of Jenmikaram payable under the Trcvancor1 ]enm1 a11d Kudzyan Act. 1071. Preamble.-'NHEREAS it is necessary, in public interest, to abolish the recurring and periodical payment of jenmikaram to Jenmie~ under the Travaneore Jenmi and Kudiyan Act of 1071 and to provide for the payment of a lump sum compensation to the Jenmies in lieu of ~uch periodical payments and thus conferring on the Kudiyans full pro prietary rights over their holdings and for other matters incidental thereto; BE it enacted in the Eleventh Year of -the Republic of India as follows:- CHAPTER I Preliminary I. Short title extent and commencement.-(\) This Act may be called the jenm1karam Payment {Abolition Act,) 1960. (2} It extends to the whole of Travancore area in the~ State of Kerala. (3) It shall come into force on such date as the Governrr ent may, by notification in the Gaze•te, appoint. 2. Definitiotzs.-In this Act, unless the context otherwise requires, (a) 'appointed day' means the day on which the Act comes into force; (b) 'Compensation Officer' means the officer appointed under section 21; (c) the terms "Jenmom land", "jenmi", "kudiyan", "Kanap· pattam", "jenmikaram" and "holding" have the same meaning as in the Travancorejenmi and Kudiyan Act of 1071; (d) "prescribed" means prescribed by rules under this Act; (e) "register of jenmikarams" meanj: the register of jenmikarams referred to in section 40B of the Travancore Jenmi and Kudty<,n Act of 1071. --------------- -- - ···- . ·-·~---- • Received the assent of the President on 21st January, 1961 and published in the Gazette Extraordinary dated 3rd Febt uary 1961 . • L 77 CHAPTER II ABOLITION OP }ENMIXA.RAM AND PAYMENT OP COMPENSATION TO jENMIES 3. Jmmikaram to be abolished.-(1) From and after the commence ment of this Act, notwithstanding anything contained m any law or contract for the time being in force, the .Jenmi shall not ha~e the nght to receive payment of Jenmikaram and the Kudiyan shall have no liability to pay any Jenmikaram to the Jenmi and the nght to receive payment ~f, and the liability to pay, Jenmikaram shall be extinguished. (2) Every Jenmi whose right to receive payment of Jenmikaram has been extinguished under sub-section (I), shall be entitled to receive and be paid compensation by the Government as hereinafter provided. 4. Amount of compensation to be paid.-(l) Government shall pay to every Jenmi other than a religious or charitable institution of a public nature whose right to receive payment of Jenmikaram has been extin guished, compensation according to the ~cales specified m the Schedule. In computing the compensation payable, 2~ per centum shall be deduc ted from the Jenmikaram for collection charges and the balance alone shall be multiplied as provided for in the Schedule. The amount of compensation determined according to the scale specified above shall be deemed to have accrued due from the appointed day and interest there on shall be payable at the rate of 4 per cen~um per annum from the appointed day till the date of payment of compensation in case the amount of compensation is paid in cash or till the date of redemption of the bonds, if compensation is p3.id in Government bonds. (2) Where the jenmi whose right to receive payment of jenmi karam has been extinguished is, at the commencement of this Act, a religious or charitable institution of a pubhc nature, Government shall, by way of compensation, pay to the institution every year an amount equal to the balance arrived at after deducting from the jenmikaram which such institution was entitled to receive immediately before the commencement of this Act, two and a half pe,r cent of such jenmikaram towards collection charges. (3) If any question arises as to whether an institution is a religious or charaitable institution of a public nature 1t shall be deCided by such authority as may be prescribed. 5. Compensatzon to be paid zn cash or in bonds".-The compensation pay able under section 4 may be paid either in cash or in Government bonds carrying 4 per centum interest per annum and redeemable at the expiration of 6 years from the date of is~ue of boRds or partly in cash and partly in bonds, as may be prescribed. 6. Intmm compensation to be paid in case of delay tn payment of compensa tion.-( 1) Where there is delay in the assessment or payment of com pensation payable under section 4 Government may direct payment of interim compensatiOn to such extent and in such manner as may be prescnbed, provided that if the compensation payable to a jenm1 ha~ not been detcnnined in accordance with the provisions of this Act before • 78 the expiry of one year from the appointed day, Government shall, on the application of the jenmi concerned, direct the payment of an interim compensation. (2) The intenm compensation paid under sub-section (1) shall be deemed to be part of the compensation payable under this Act and shall be deducted from and adjusted agamst it. (3) Where there is a dispute in regard to the right to the com pensation amount or any portion thereof, no interim compensation or part as the case may be shall be paid to the Jenmi. 7. Proceedzngs relating to payment of compensation to lte before r:ompensation OJJicer.-All proceedings relating to the assessment of compensation pay able to thejenmi under section 4 and to the payment of the same to the persons entitled thereto shall lie before the Compensation Officer within whose juriSdiction the holding is situate. 8. Jenmzkaram Regzster presumed to descrfbe correctly the rtght, tztle and interest of the Jenmt and Kudtyan.-Every entry in the Register of Jenmi karam prepared or revised under the Travancore Jenmi and Kudiyan Act, 1071, and which 1s valid and effective immediately before the appomted day shall for the purpose of assessment and payment of com pen,ation under this Act be deemed to describe correctly the right, I title and interest of every Jenmi and Kudiyan in respect of the holding I or part thereof to which it relates. Provided that- (a) any modification, alteration or correction made m the register under the Travancore Jenmi and Kudiyan Act or in conse quence of any decree or order of any Court, shall be taken mto account by the Compensation Officer ; (b) nothing contamed in this section shall preclude the Com· pen~ation Officer from correctmg, e1ther on his own motion or on the application of any person mterested, any clerical or anthmetical mistake or error apparent on the face of the record, if he is satisfied that such a mistake or error exists m any entry m the re51ster. 9.' Compensation rolls to be prepared by the Compensatzon 0./ficer.-With a view to the payment of compensation to the Jenmies under this Act, the Compensation Officer shall m the manner prescribed, prepare a draft compensatiOn roll of every Jenmi 111 respect of his holding showing- (a ) the jenmikaram in respect of the holding or part thereof'; (b) the names of persons entitled to receive the jenm1k.aram; (c) the Kudiyans liable to pay thejenmikaram in respect of the holding or part thereof; (d) the amount of compensation payable under this Act; and (e) such other particulars as may be prescribed. 10. Publication of draft compmsation roll.-(1) After the draft compen sation roll is prepared under section 9, the Compensation Officer shall- • 79 (a) publish a notice in the Gazette and in such other manner as may be prescnbed to the effect that the compensation roll has been prepared and is open to mspectlon by the person interested; (b) serve or cause to be served on the jenm1 and the Kudiyan concerned a notice along with a copy of the compensauon roll. {2) The notice under sub-section {I) shall call upon all persons interested mcluding member~ of the family of the Jenmi claiming any portion of ~uch compensatiOn whether by way of a shat e or by way of maintenance or otherwise, to appear and file objectiOns and claims within such penod as may be prescribed. {3) If any objection is filed within the time prescribed, it shall be regist<"red by the Compensation Officer who shall fix a date for hearing the same and shall gtve inumat10n thereof to the Jenmi concerned and to any person interested who may have appeared m reply to the nouce under sub-section (2). ( 4) On the date fixed or any date to which the proceedings are adjourned the Compensation Ufficer shall inquire into and decide the claims and objections. (5) In hearing and decidmg the objections filed under ~ub-section (3), the Compensation Officer shall, in so far as they may be apphcable, have all the powers of a Civil Court, and subject to such modifications as may be prescribed, follow the pTocedure laid down m the Code of Civil Procedure, 1908, for the hearing and d1spo~al of suits relatmg to immovable pr~..~perty. 11 . Orders of Compensatton 0 fficers to be deemed to be decrees of Cwil Courts.-( l) The order of the Compensa1 ion Officer in deciding an objection under section 10 or apportionmg the compensation among the persons entnled thereto shall be deemed to be a decree of a Civil Court and shall con tam a conci~e statement of the case, the points for determination, the dec1sions thereon and the reaions for such dcci~ion. (2) Notwithstanding anything contained in any I.tw, any per~on aggnt'ved by the order of the Compensation Officer may appeal withm th1rty days to the D1str1ct Court having juri~d1Ct1on over the area and the order of the D 1::.11 ic t Court upon ::.uch appeal shall be final: · Provided that the High Court, for the purposes of satisfying itself that an order made in any appeal decided by the District Court was according to law, rna y call for the records of the case and pass such order with respect thereto as it thmks fit. l?. Correctzons to the final compensation rolls.-Except as provided by or under this Act, no correction shall be made m the compensatiOn roll after it has become final, prov1det!l that the Compensation Officer, having junsdiction for the time bemg, may at any time, bef01e the payment of compensat1on e1ther of h1s own mot1on or on any applica tion filed by a person interested, correct any clerical or anthmetical mistake or any error ansing therem from any acc1dental slip or omission. 13. Payment of compmsatton.-(1) The comprnsahon payable under this Act shall be paid to the person::. whose names have been entered in the compensation roll as being entitled thereto. • .. so (2) Where a person entitled to the compensation dies before it is paid to htm, 1t shall be paid to hts legal reprl!sentatives. (3) Where the person entitled to receive the compensation is a trust or endowment or a mmor or a person suffering from some legal d1sabliity or a limtted owner, the compensatiOn may, notwtthstandmg anything contained in any law, but subject to any general directions that the State Government may give, be deposited for and on behalf of the penon wtth such authonty or Bank as may be prescribed. , (4) Where before any Court or authonty any sutt or proceeding is pending whtch directly or mdirectly affecb or is likely to affect the right of any person to receive the whole or part of the compenution payable under thts AcL, the CoUI t or authority may requtre the Compensation Officer to place at its dtsposal the amount so payable and thereupon the same shall be dispo~ed of in accordance with the 01 ders of such Court or authority. 14. Payment of compensatwn to be full dtscharge of the liabiliry to pay Jenmikaram.-(l) The payment of compensatiOn to thejenmie:. or other persons entitled theteto m the manner prescnbed by or under th1s Act shall be a full discharge of the !Jab1hty for payment of jenm1karam and no further claims for jc.nm1karam or for payment of compensation . shall he. (2) Notwithstandmg anything to the contrary contamed in this Act any arrear of )enmtkaram due to a Jenmi Imme<liately prior to the commencement of this Act and remaining unpaid after such commence ment may be recovered by or on behalf of thejenmi m the same man ner as before the commencement of tlus Act in six equal yearly instalments. CHAPTER III RECOVERY FROM KuDIYANS OF THE COMPENSATION AMOUNTS pAID TO jENMIES. 15. Kudtya7l liable to pay compen~atton.-The Government ~hall be en titled to collect fwm each Kudiyan and each Kudiyan shall be liable to pay to the Government an amount calcula.ted at 8 I/3 times the Jcnmtkaram payable by him to his Jenmi towards compensation for the extmgUishmcnt by the Government of Ius liabJltty to pay Jenmi karam to his Jenmt and the conferment of fuli ownership on h1m in respect of hts holding. The compensat.on recoverable from a Kudiyan shall, subject only to the pnortty of any tax 01 cess payable to the Gov ernment, be a first charge on the holdmg and shall be recovered from the Kud1yans in the manner hereinafter provided. !6 Compensation recoverable m stxteen mstalments.-The Kudiyan shall ~ be liable to pay to Govelllment the compensatioa due from htm under sect1on 15 in SIXteen equal half-yearly mstalments with intere:.t at 5 per centum per annum, the first instalment commencing from such date • 81 as Govemment may notify provided that nothing in this section shall , be deemed to preclude a Kudiyan from paying at any time a larger sum than the amount of an instalment or from paying the whole amount due m one instalment. If any sum in excess of the amount of any in stalment be paid, it shall be credited in reduction of the total amount due; the number of future instalments being, if necessary reduced, but no postponement of ~ub~equent mstalment shall be permitted, nor shall the alterat10n m the amounts of subsequent mstalmcnts allowed except in the final mstalment, if such alteratiOn is necessary to adjust the balance due. Where a Kudiyan pays the entire amount due in a lump sum on the date on wh1ch the first instalment IS payable, he shall be allowed a rebate of 5 per centum of the amount so paid. 17. Payment of compensation in the nearest Treasury.-All payments due under section I 5 shall be pa1d at the nearest Government Treasury or the Village Office within the jurisdiction of which the holding is situate to the credit of the Government or at such other place and in such manner as Government may prescribe. 18. Government may condone difault.-Government may, by .a general or special order notlfied in the Gazette, for sufficient reason, postpone the payment of any mstalment or condone the default. I 9. Kudiyan' s continued liability to repay compensation in case of dwz non or transfer of !zoldzng.-Where a holding IS divided or transferred by sale, g1ft or otherwise by a Kudiyan, he shaH contmue_liable for the payment of the compensatiOn amount due to Government unless such division or transfer IS effectt"d wah the permissiOn of the Collector or such other officer empowered in this behalf, and the necessary entnes fixmg tht" respective hab1hties have been made m the revenue records in accord ance with the d1vision or transfer, prov1ded that nothing m this sectwn shall preclude Government to proceed agamst the entire holdmg and recover the amounts due to Government, leavmg the parties to settle their claims agamst each other between themselves. 20. Compensation recoverable under Revenue Recovery Act.-Any amount due to the Government as arrears of compensation amount or otherwise may be recovered under the provisions of the Travancore-Cochin · Re venue Recovery Act, I 95 I (VII of 1951), as if they were arrears of public revenue due to the Government. CHAPTER IV MISCELLANEOUS 21. Compensation 0 Jjlccr .--The Government shall nppomt Compensa tion Officers for the purpose of determining compensation payable under this Act and for the purpose of settlmg the amounts due to Gov ernment from Kudiyans. 22. Compensation 0 Jjlcer a publtc ser11ant.-( l) Compensation Officers appointed under section 2 I shall be deemed to be public servants within the meaning of section 21 of the Ind1an Penal Code. ~4/4095 • , 82 (2) The Compensation Officer shall have all the powers of a civil court while trymg a sUit under the Code of Civil Procedure, 1908, in respect of the followmg matters:- (a) summoning and enforcmg the attendance of any person and examining him on oath; (b) tequirmg the discovery and p10duction of any document; (c) recervmg the evidence on affidavit; and (d) requtsitionmg any public record or a copy thereof from any court office. 01 23. No action to lie agaznst Government or an Officer.-( l) No suit or other legal proceedings shall lie against the Government for any act done or purporting to be done under this Act. (2) No suit, prosecution or other legal proceedings shall be insti tuted against any officer or person duly authorised under this Act in respect of anythmg in good fatth done or intended to be done under this Act or the rules made thereunder. 24. Rules.-ll) The Government may, by notification in the Gazette, make rules for the purpose of carrymg into effect the provi sions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- {a ) the authonty by whom the question as to whether an insti tution is a relig10us or chantable mstitut10n of a public nature is to be decided, appeals therefrom and the procedure to be followed in de cidmg the question and in appeals. (b) the proportion in which the compensation may be paid in cash and m bonds; (c) the extent and manner of payment of interim compensa tion; (d) the manner in which the compensation roll has to be prepared; (e) the time within which objections have to be preferred on the notice of compensation roll ; (f) the fee to be paid on the memorandum of appeal under c;ub·section (2) of section II ; (g) the authonty or bank in wh1ch deposits may be made under sub-section (3) of section 13; (h) the date from which the payment of the lst instalment of \:ompensation by Kudtyan shall begin; (1) the places whe1c the compensation amount may be paid by the Kudiyan, , and (j) for all matters expressly required or allowed to be pres cribed by rules. (3) The power to make rules conferred by this section is subject to the condttion of previous publication; ( 4) All rules made under this Act shall be published in the f Gazette and shall have effect as if enacted in this Act. ~ ! • .,., I ---' 83 {5) All rules made under this section shall, as soon as may be after they are made, be laid before the Legislative Assembly for a period of not less than seven days and shall be subject to such modi fications, by way of repeal or amendment, as the Legaslative Assembly may make during the session in which they are so la1d or the session immediately following. ' 25. Difficulties.-If any difficulty arises in giving effect to the provi sions of this Act, the Government as occasaon may require, may by order do anything which appears to them necessary for the purpose of removing the difficulty. 26. Repeal.-The Travancore jenm1 and Kudiyan Act, 1071 is hereby repealed: Provided that such repeal shall not- (a) revive anythmg not in force or existing at the time at which repeal takes effect; or (b) affect the prev1ous ope1ation of the enactment so repealed or anything done or suffered thereundet ; or (c) affect any investigation, legal proceedin~s or ·remedy in respect of any such right, privilrge, obligation or liabihty under the enactment so repealed and any such investigation, legal proceedmgs or remedy may be mstltuted, contmued or enforced as 1f the sa1d enactment had not been repealed. SCHEDULE. (See SECTION 4) ..4.ggregate of the Jenmikaram Compensation payable due to a Jenmi. to the Jenmz. (a) Rs. 500 and below 12 time~ the Jenmikaram less the collection charges. (b) Above Rs. 500 but not exceed 9 times the J enmikaram less ing Rs. l ,000. collection charges subject to a minimum which is not less than the maximum amount payable under (a). (c) Above Rs. I ,000 but not exceed 7 times the Jenmikaram less ing Rs. 3,000. collectiOn charges! subJect to a mammum which is not less than the maximum amount payable under (b). (d) Above Rs. 3,000 but not exceed 5 times the Jenmikaram less ing Rs. 7,000. collection charges subject to a minimum which is not less than the maximum amount payable under (c) (e) Above Rs. 7,000. 4 tames the Jenmikaram le•s collection charges subject to a mmrmum "hich is not less than the maxmlUm amount payable under (d). •