The Malabar Land Registration Act, 1895

The Malabar Land Registration Act, 1895 Act 3 of 1896 Keyword(s): Registration, Proprietors of Estate, Payment of Revenue, Landed Property DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 434 Na$abcbr Land Registratbn [I896 :T .N. Act 111 . . \[TAMIL NAD U] ACT No. 111 OF 1896.2 , *- 1 (Received the assent of the avernor on the 22nd January 1896, and of the Governor-General on the 21st March : 1896; t7~e Governor-Geq~eral's assent was $rat A publisi~ed in the Port St. George Gazette of the 31st March 1896.1 I An Act to make better provision for the registration of proprietors of estate subject to the payment of revenue direct to Government S[in certain areas in the Nilgiri district .] WIXEREASR egulation XXVI of 1802* provides Preamble. that landed property paying revenue to Government shall be registered by the Collector ; and whereas such landed property 3[in certain areas in the Nilgiri district] has in many cases not been registered in the names of - the proprietors thereof; and whereas it is desirable for tho security of the public revenue to provide a summary means whereby the Collector may ascertain suoh proprietors ; It is hereby enacted as follows :- Short title. I. (1) TlGs Act may be called the Malabrtr Land Registration Act, 1895. 1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Ordcr, 1969, as amonded by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969. 2 For Statoment of Objoets and Reasons, see Fort. St. Gewge aclzettc Supplement, dated tl~e1 6th October 1896, p. 3; for Report of the Select Committee, see ibid, dated the 19th November 1896, p. 1; for Proceedings in Council see &id, dated the 3rd December 1896, p. 7 and ibid, dated th. 7th January 1896. p.9. 3 The words ' 'and certain neighbouring areas in the Stab of Mad- ras moro substitt;tcd for the words "and the Wynaad" by section 46 of tho Mslabnr J?onallcy (Amendment) Act, 1961 (Tamil Nadu Aot XXXIJI of 1951) and the words "in certain areas in the Nilgiri district" were substituted for the words "in Malabar and certain - 2 neighbouring areas in the Stato of Rfadr&s' ' by the Madras Adapt& 1 tion of Laws Order, 1057. The above Act came into foroe on the 16th March 1962. 4 * The Tamil Nsdu Land Rsgistration Regulation, 1802. i 3: B 1806 : T.N. Aet IQ &ahbar $and ~egbtration 416: '[(2) It extends to that portion of the Nilgiri distriob Extent. which is known as South-East Wynaad and to the Gudtrlur taluk of that district (excluding South-East Wynaad) : Provided that it shall come into force in the Gudalur taluk aforesaid (excluding South-East Wynd) only on the date on which the Malabar Tenancy Act, 1929, comes into force in that taluk.] 2. In this Act, unlm there is something repugnant Inter pretation in the subject or context,- clause. '<estate9' means any land which is subject "Estate". either now or prosl>eotively to separate assessment to land-revenue payable direct to Government: "regisVn'd" means registered in the public registers n~:*O~hedb y the Collector in accordance with the pr&&m of Regulation XXVI of 1802*. 3. Wibhin such time as the District Collector may fix Proprietor or 88 hereinafter provided, any person who is or claims yt_prop;:2: to be the proprietor or joint proprietor of an estate and may apply for whose name is not already registered, or any other regis?ration person having authority to act on his behalf, may ~i~h's~np Oei- 6ed time. make application to the District Collector or to an officer empowered by him to receive such application for registration as proprietor or joint proprietor of the estate. 4. The District Collector shall fix for each taluk or Colkector to such other low1 area as he may deem fit the date fix the date before which the proprietors of the estates situated before whloh proprietor may therein may under the last preceding section apply to apply for1 have their names registemd, and may at any time dter r:gistration. . any date so fixed : Provided that such date or altered date shall not be p,,i,, iess than two months or more than four months from the date of the publication of the same in the Distrid Gazette. -- 1 This sub-section waa substituted by the Madras Adaptation of Laws Order, 1967 for the original sub-section as amended by the Malabsr Tenanoy (Amendment) Act, 1961 (Tamil Nadu Act XXXIII of 196l)whioh came into force on the 16th March 1962. *The Tamil Nadu Land Registration Regulation, 1802. Malabar Land Registration [1896: T.N. Act III Publication 5. Every date fbed as provided in the last preceding of date section shall be notified in. the Fort St. George and fixed by the Collector. District Gazettes, and by notices to be posted up at the office of the District Collector, at the offices of the Revenue Divisional Officer, District Munsif, Tahsildar, Deputy Tshsildar and Sub-Registrar of Assurances within whose local jurisdiction the local area to which the date applies is situated, and at all police-stations and amshom kachahris within such local area; and shall also be proclaimed by beat of drum within the local area to which the date applies : Irregularity Provided that no irregularity or omission in the in publioation publication of the notices or in the proclamation not to &eat validity of referred to in this section shall affect the validity of proceedings. any proceedings under this Act. Collector to-j 6. As soon as oonveniently may be after the date so ascertain by fixed, the Collector shall, on a day and at a place to be summary previously notified in the District Gazette whether or inquiry tho person to be not an application for registration under the preceding registored. sections has been made, and whether or not there is any dispute as to the entry to be made in the register, ascertain and determine by such summary inquiry as he thinks fit, in respect of every estate to which the date applies, the person who, in his opinion, is entitled Collootor to be registered as proprietor thereof and shall register empowered him accorclingly ; and, if any such estate shall not to cause survey and previously have been separately surveyed or demarca- domaroation tcd, may cause it to be so surveyed or demarcated, or of estate. both. Registration iq , 7. In the w eo f an estate belonging to joint proprie the oese of tops who orc members of a joint family or to a religious or estates bdong- charibble foundation, the estate shall be registered in ing to joint proprietors the name of the waging member for the time or to a being of such family or of the trustee, manager or religious or . superintendent for the time being of such foundation. ~hsritable tbmdation. as the aJse may be, who shall be described in the regis- teras such managing member, trustee, manager or supe- rintendent, and such registration shall be as. effectual and valid as if made in the nau ,eso f all the joint prop~ie- tors or of all the persons interested in suoh foundation. 1896 : T.N. Aet 1111 Makbar Land Registrcction 437 8. In my inquiry under section 6, the CoUeotor shall Procedure hem any party to 8 dispute who attends on the day g inq f u f ir : ie n s notified or on the day to which the inquiry may be 6. adjounred, and shall receive such evidence as he may see fit; and in the case of a dispute he shall record the nature of the dispute, his decision thereon, the grounds of the decision and such other particulars as he thinks fit. $$2:$:nthe 9. (1) If the person registered under section 6 or seotion 7 has not made an application under motion 3, to be given the Collector shall give him notice of the registration by in certain the publication of the fact in the Districrt Gazette and also, if his address is known, by letter sent by pod registered. (2) If any person to whom notice baa been given ~;~;~;~nwhcn under this section objects to such registration, he may registered apply to the Collector within two months of the dab of objzcts to the 4he publication of such notice in the District Gazette or registratior- on receipt of within one month of the receipt of the registered letter BUOh containing such notice, whichever is later, to have his name removed from the register, and the Collector shall thereupon consider his objections and shall either remove his name from the register or direct its retention therein as he may soe fit; in the former case the Collec- tor shall proceed under section 6, as if no such registra- tion had been made. 10. Every registration purporting to be made in Registration subject to accordance with the procedure prescribed by this Act- re+sion by (i) may be revised by the Collector on application ~ l ~ ~ ~ t i ~ d made within three months, and by Civil Oourt. (ii) shall be subject to any decree or order which may be passed by any Civil Court of competent jurisdic- tion: Provided that in any suit to set aside or modify auoh registration or in any appeal in such suit, in which suit or appeal an order or decree is passed ex prte against the l[Government] or against the collector, neither the 2[Government] nor the Collector shall be m-a de liable in costs. 1 The word "Crown" was substituted for the words ''Secretary of Stefe for India in Council " by the Adaptation Order of 1937 a dth e ~ord"U~vemment"wessu bstituted for "Crown" by the Adaptation Order of 1960. 8 The word "Crown" was substitubd for the words useid Seore- *of State in Council" by the Adaptation Order of 1937 end the word" Government" wae nubtitutad for "crown" by the Adapts- tion order of 1960. 438 Malabar Land Registratim [I896 : T.N. Act 111 11. On payment of the prescribed fees, the Collector Collector to shall furnish to any person who may apply for the same furnish copies the copies of the record of every inquiry held under this Act record on and of every order and entry made thereunder or payment of fwn. under Regulation XXVI of 1802". 12. Nothing in this Act shall be deemed to affect the Saving of oertitin provi- provisions of Regulation XXVI of 1802" in respect of sions Regn1a- the mutation in the register kept by the Collector tion XXVI under that Regulation of the name of the proprietor of 1802. registered in accordance with the provisions of this Aot when a transfer of the proprietary interest in any estate takes place, whether by purchase, inheritance, gift or otherwise. Rc~gisteredp ro- 13. Every p m n registered as proprietor of an prietor to be estate shall be deemed to be the landholder in respect land holder for of S U O e ~ s tate within the meaning and for the purpows the purposes of the [Tamil Nadu] Revenue Recovery Act I1 of 1864, ORfolvrTenaumoi lNEdul and no proceedings taken under the said Act againat Rrxcovcry Act. 8uch person or against any land registered in his name shall be deemed invalid or ineffectual by reason of m y error in such registration or on the ground that such person was not the real or sole proprietor. Joint Regis. 2[14. Notwithstanding anything contained in this tration of Act or in Regulation XXVI of 1802," the Collector occup~ntsa nd may, on the application of tho registered proprietor propriot3ru in of an estate or of any person entitled to ocoupy such ccrtais cases. estate, register as occupant jointly with such proprietor (i) any person who is entitled s[ I to occupy such estate or (ii) any person who is bound by a contract with the proprietor or his predecessor in title to pay to Governmmt the land revenue assess- - These words were substituted for the word "Maclr~~b~y" the Ternil Nadu Adaptation of Laws Order, 1969, as amonded by the Tamil Nsdu Adaptation of Laws (Rocontl Amendment) Order, 1969, which osme into force on the 14th January 1969. a Seotion 14 was substituted for tho original soction by section 2 of the Malabar LnndReg:stration (Amendmeut) Aot, 1920 (Madras AotI of 1920). Thewords"by virture of any contract with the pro riotor or his predeoeaaor in title" were omittod by soit,ction 46 (iii) ofthe ~lalabar Tenanoy (Amendment) Act, 1951 (TcmilN edu Aot XXXIIIof 1951). whioh oatno into force on the 16th March 1962. * The Tamil Nedu LBnd Regietration Regulation, 1802, i I 2896 : T.N. Act 111 ] MaZubar Land Registration 43 9 mat on such estate. Provided that before order& joint registration ss aforesaid the Collector shau give : notice to the proprietor or to the person entitled to 1 occupy, as the case may be, and coasider his objections. t '(Every joint registration made under this section shall remain in force so long as the occupancy continues)]. 16. In every case in which an occupant of estate Recovery of Ilks been registered under the last preceding section and ~ ~ : u ~ ~ m an arrear of revenue has accrued due in respect of such ,coupante estate subsequent to such registration, the Collector jEoin:tlsyi $regti$s , may take proceedings in the Brat instance againat such occupant under the provisions of the 2(Tamil Nadu) Revenue Wpower ~cIt1 of 1864, in so far as they relate to the seizure;at&lIement and sale of movable property or of the crops or ungathered products of land on which - an arrear is due : Provided that nothing herein contained shall debar Provisos. the proprietor from recovering by. suit from suoh occupant the mear of revenue or portion thereof whioh, owing to tihe default of such oocupant, has been paid by, or recovered from, him : Provided further that nothing contained in this seotion shall be deemed to affect the power of the 1 Collector to recover from the registered proprietor of such estate under any or all of the provisions of the said Act any arrear of revenue which may be due on such [ estate or on any other estate registered in the name 1 of such prbprietor. [ 16. Except is otherwise provided by this Act, no d i ::.J:urisdiction of civil Court shall have jurisdiction in any matter Courts which the Collector is empowered by or under this A& --- I Tho words wit,llin brtrokets won) substituted for the word~" The Collector shall stat0 in his ordor tho period for which suoh joint i registration shall be in foroe, which period shall not extend beyond the date of the tor~ninationo f the contract referred to in this seotion" by section 2 of the Malabar Lend Registration (Amendment) Aot, 1934 (Madras Act Act 11 of 1936). 2 These words were substituted for the word "Madrss" by the rail Nadu Adaptation of Laws Order, 1969, acl amended by the *T Nadu Adaptation of Laws (Seoond dmendment) Order, 1969, w b h m ein to force on the 14th Janueq LBO@. 440 Malabar Land Registration [I896 : T.N. Act 111 . 1 ( to dispose of or shall take'oognizance of the manner in which the Collector exercises any powem vested in him by or under this Ad. Peymont of 17. All costs of any inquiry or prooeeding held before, ooats. or any survey or demarcation directed by, the Cdec- tor under this Aot shall be payable by the parties ooncerned, and the Collector may pass such orders as he shall think-fit in respeot of the payment of suoh costs; mdi n the event of suoh costs nob being paid on demand may recover the amount thereof'i n the ssme rmnner ae if it were aa arrear of land-revenue, and pay the sum so recovered to the person entitled to reoeive it. c* ) Order of 18. Notwithstanding anything contained in Regu- D Co is l t le r a ic t t o r lations I and I1 of 1803*, l[ 3 no ~ P W find. shall lie to the Board of Revenue from any order made by the District Collector underthig .Bob. - - ssving obuae. 19. Subject to the provisions of section 13, nothing aontained in this Act and nothing -done in accordance with this Act shall be deemed to- (a) preclude the Government or any person from Y bringing rt regular suit for possession of, or for a deola- ration of right to, any immovable property to which ,% the Government or such person may deem itself, or f . himself entitled ; or b (b) render a registration under this Act an admis- sion on the part of the Government of the right of the person in whose name such estate may be registered or an admission of the validity of the title under which the estate is held ; or (c) affect the rights of the Government or of any person in respect of any estate or of any interest therein. 3 The words "of the Madres Code" wen, omitted by motion 4 of, and the Third Sohedule to, the Tsmil Nadu Repeeling end Amen- ding Aot, 1957 (Tamil Nadu Aot XXV of 1057). * The Tamil Nadu Boerd of Revenue Regulation, 1803 and the Tam il Ndu Cc,lleotorsReguletion, 1803. 20. The Board of Revenue may, after previous The ~~~d of publication, make subsidiary rules for the carrying Revenue may out of the purposes of this A&, and may prescribe the make rules* fees, if any, to be paid for the service of summonses issued under '(Tamil Nadu Act) PI1 05 1869% in connec- tion with inquiries and proceedings under this Ad. 21. The s[State Government] may, by notScation, Power to suspend the operation of this Act in any specSedsus~end operation portion of the districts to which it applies, and may, of by ~ubsequentn otification, bring it again into opera- tion. '122. The s(State Government) may, by notifim- ~ ~of l ~ ~ ~ ~ i ~ ~ tion, empower any officer to exercise all or any of the powers. powers of a Collector under this Act]. 1 Thie expmion wee eubetituted for the expreeeion "Madras Aat " by the Tamil Nadu Adaptation of Lawe Order, 1970, which was deemed to have oome into foroe on the 14th January 1969. 8 The Tamil Nadu Revenue Summonses Aot, 1869. The worda hvinoid %vernment " were eubstitutad for the worde " Looel 6lov~rnrnent by the Adaptation Order of 1937 and the word " State " W- substituted for " Provincial '* by the Adaptation Order of 1950. 4 Seotion 22 warn added by ee0ti0n 3 of Madme Act 1 of 1920.