(Published in K.G. Ex. No. 8 dated 3-2-1961) THE JENMIKARAM PAYMENT (ABOLITION) ACT, 1960
[Act No 3 of 1961]
PREAMBLE
An Act for the abolition of Jenmikaram payable under the Travancore Jenmi and Kudiyan Act, 1071.
WHEREAS it is necessary, in public interest, to abolish the recurring and periodical payment of jenmikaram to Jenmies under the Travancore Jenmi and Kudiyan Act of 1071 and to provide for the payment of a lump sum-compensation to the Jenmies in lieu of such periodical payments and thus conferring on the Kudiyans full proprietory rights over their holdings and for other matters incidental thereto;
BE it enacted in the Eleventh Year of the Republic of India as follows:-
Section 1 - Short title, extent and commencement
(1) This Act may be called the Jenmikaram 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 Government may, by notification in the Gazette, appoint.
Section 2 - Definitions
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”. “Kanapattam”, “jenmikaram” and “holding” have the same meaning as in the Travancore Jenmi and Kudiyan Act of 1071;
(d) “Prescribed” means prescribed by rules under this Act;
(e) “register of jenmikararns” means the register of jenmikararns referred to in section 40B of the Travancore Jenmi and Kudiyan Act of 1071.
Section 3 - Jenmikaram to be abolished
(1) From and after the commencement of this Act, notwithstanding anything contained in any law or contract for the time being in force, the Jenmi shall not have the right to receive payment of Jenmikaram and the Kudiyan shall have no liability to pay any Jenmikaram to the Jenmi and the right to receive payment of, and the liability to pay, Jenmikaram shall be extinguished.
(2) Every jenmi whose right to receive payment of Jenmikaram has been extinguished under sub-decision (1), shall be entitled to receive and be paid compensation by the Government as hereinafter provided.
Section 4 - Amount of Compensation to be paid
(1) 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 extinguished, compensation according to the scales specified in the Schedule. In computing the compensation payable, 21/2 per centum shall be deducted 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 (Substituted by Act 15 of 1975) [and, subject to the provisions of S. 13A, interest thereon shall be payable] at the rate of 4 per centum 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 paid in Government bonds.
(2) Where the jenmi whose right to receive payment of jenmikaram has been extinguished, is, at the commencement of this Act, a religious or charitable institutions of a public 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 entitles to receive immediately before the commencement of this Act, two half per cent of such jenmikaram towards collection charges.
(3) If any question arises as to whether an institution is a religious or charitable institution of a public nature it shall be decided by such authority as may be prescribed.
Section 5 - Compensation to be paid in cash or in bonds
The compensation payable under S. 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 issue of bonds or partly in cash and partly in bonds, as may be prescribed.
Section 6 - Interim compensation to be paid in case of delay in payment of compensation
(1) Where there is delay in the assessment or payment of compensation payable under S. 4, Government may direct payment of interim compensation to such extent and in such manner as may be prescribed, provided that if the compensation payable to a Jenmi has not been determined in accordance with the provisions of this Act before 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 interim 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 against it.
(3) Where there is a dispute in regard to the right to the compensation amount or any portion thereof, no interim compensation or part as the case may be shall be paid to the Jenmi.
Section 7 - Proceedings relating to payment of compensation to lie before Compensation Officer
All proceedings relating to the assessment of compensation payable to the Jenmi under S. 4 and the payment of the same to the persons entitled thereto shall lie before the Compensation Officer within whose jurisdiction the holding is situate.
Section 8 - Jenmikaram Register presumed to describe correctly the right, title and interest of the Jenmi and Kudiyan
Every entry in the Register of Jenmikaram prepared or revised under the Travancore Jenmi and Kudiyan Act, 1071, and which is valid and effective immediately before the appointed day shall for the purpose of assessment and payment of compensation under this Act be deemed to describe correctly the right, title and interest of every Jenmi and Kudiyan in respect of the holding or part thereof to which it relates:
Provided that-
(a) any modification, alteration or correction made in the register under the Travancore Jenmi and Kudiyan Act or in consequence of any decree or order of any Court, shall be taken into account by the Compensation Officer;
(b) nothing contained in this section shall preclude the Compensation Officer from correcting, either on his own motion or on the application of any person interested, any clerical or arithmetical mistake or error apparent on the face of the record, if he is satisfied that such a mistake or errorexists in any entry in the register.
Section 9 - Compensation rolls to be prepared by the Compensation Officer
With a view to the payment of compensation to the Jenmies under this Act, the Compensation Officer shall in the manner prescribed, prepare a draft compensation roll of every Jenmi in 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 Jenmikaram;
(c) the Kudiyans liable to pay the jenmikaram 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.
Section 10 - Publication of draft compensation roll
(1) After the draft compensation roll is prepared under S. 9, the Compensation Officer shall-
(a) publish a notice in the Gazette and in such other manner as may be prescribed to the effect that the compensation roll has been prepared and is open to inspection by the interested;
(b) serve or cause to be served on the Jenmi and the Kudiyan concerned a notice along with a copy of the compensation roll.
(2) The notice under sub-section (1) shall call upon all persons interested including members of the family of the Jenmi claiming any portion of such compensation whether by way of a share or by way of maintenance or otherwise, to appear and file objections and claims within such period as may be prescribed.
(3) If any objection is filed within the time prescribed, it shall be registered by the Compensation Officer who shall fix a date for hearing the same and shall give intimation thereof to the Jenmi concerned and to any person interested who may have appeared in reply to the notice under sub-section (2).
(4) On the date fixed or any date to which the proceedings are adjourned the Compensation Officer shall inquire into and decide the claims and objections.
(5) In hearing and deciding the objections filed under sub-section (3), the Compensation Officer shall, in so far as they may be applicable, have all the powers of a Civil Court, and subject to such modifications as may be prescribed, follow the procedure laid down in the Code of Civil Procedure, 1908, for the hearing and disposal of suits relating to immovable property.
Section 11 - Orders of Compensation Officers to be deemed to be decrees of Civil Courts
(1) The order of the Compensation Officer in deciding an objection under S. 10 or apportioning the compensation among the persons entitled thereto shall be deemed to be a decree of a Civil Court and shall contain a concise statement of the case, the points for determination, the decisions thereon and the reasons for such decision.
(2) Notwithstanding anything contained in any law, any person aggrieved by the order of the Compensation Officer may appeal within thirty days to the District Court having jurisdiction over the area and the order of the District Court upon such 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, may call for the records of the case and pass such order with respect thereto as it thinks fit.
Section 12 - Corrections to the final compensation rolls
Except as provided by or under this Act, no correction shall be made in the compensation roll after it has become final, provided that the Compensation Officer, having jurisdiction for the time being, may at any time, before the payment of compensation either of his own motion or on any application filed by a person interested, correct any clerical or arithmetical mistake or any error arising therein from any accidental slip or omission.
Section 13 - Payment of compensation
(1) The compensation payable under this Act shall be paid to the persons whose names have been entered in the compensation roll as being entitled thereto.
(2) Where a person to the compensation dies before it is paid to him, it shall be paid to his legal representatives.
(3) Where the person entitled to receive the compensation is a trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the compensation may, notwithstanding anything contained in any law, but subject to any general directions that the State Government may give, a deposited for and on behalf of the person with such authority or Bank as may be prescribed.
(4) Where before any Court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the compensation payable under this Act, the Court or authority may require the Compensation Officer to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of such Court or authority.
Section 13A - Deposit when compensation not received by jenmi
(Inserted by Act 15/1975) [(1) Notwithstanding anything contained in sub-sections (1) and (2) of S. 13, where the compensation is not received by the person entitled thereto within a period of one year from the date on which the compensation roll has become final, the Compensation Officer shall serve or cause to be served on such person a notice calling upon him to appear before the Compensation Officer or such other officer as may be specified in the notice and receive payment of the compensation due to him within such time, not being less than thirty days from the date of service of the notice, as may be specified in the notice.
(2) Where the person entitled to receive the compensation does not appear before the officer specified in the notice under sub-section (1) and receive the compensation within the time specified in the notice, the amount of compensation shall deposited in the Government treasury under Revenue Deposit together with interest accrued due on such amount from the appointed day till the date of such deposit.
(3) Where the amount of compensation is deposited under sub-section (2), no interest shall accrue on such amount from the date of such deposit.]
Section 14 - Payment of compensation to be full discharge of the liability to pay jenmikaram
(1) The payment of compensation to the Jenmies or other persons entitled thereto, in the manner prescribed by or under this Act shall be a full discharge of the liability for payment of Jenmikaram and no further claims for Jenmikaram or for payment of compensation shall lie.
(2) Notwithstanding anything to the contrary contained in this Act any arrear of Jenmikaram due to a Jenmi immediately prior to the commencement of this Act and remaining unpaid after such commencement may be recovered by or on behalf of the Jenmi in the same manner as before the commencement of this Act in six equal yearly installments.
Section 15 - Kudiyan liable to pay compensation
The Government shall be entitled to collect from each Kudiyan and each Kudiyan shall be liable to pay to the Government an amount calculated as 8 1/3 times the Jenmikaram payable by him to his Jenmi towards compensation for the extinguishment by the Government of his liability to pay Jenmikaram to his Jenmi and the conferment of full ownership on him in respect of his holding. The compensation recoverable from a Kudiyan shall, subject only to the priority of any tax or cess payable to the Government, be a first charge on the holding and shall be recovered from the Kudiyans in the manner hereinafter provided.
Section 16 - Compensation recoverable in sixteen installments
The Kudiyan shall be liable to pay to Government the compensation due from him under S. 15 in sixteen equal half-yearly installments with interest at 5 per centum per annum, the first installment commencing from such date as Government 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 installment or from paying the whole amount due in one installment. If any sum in excess of the amount of any installment be paid, it shall be credited in reduction of the total amount due, the number of future installments being, if necessary reduced, but no postponement of sub-sequent installment shall be permitted, nor shall the alteration in the amounts of subsequent installments allowed except in the final installment, 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 which the first installment is payable, he shall be allowed a rebate of 5 per centum of the amount so paid.
Section 17 - Payment of compensation in the nearest treasury
All payments due under S. 16 shall be paid 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.
Section 18 - Government may condone default
Government may, by a general or special order notified in the Gazette, for sufficient reason, postpone the payment of any installment or condone the default.
Section 10 - Kudiyan’s continued liability to repay compensation in case of division or transfer of holding
Where a holding is divided or transferred by sale, gift or otherwise by a Kudiyan, he shall continue liable for the payment of the compensation amount due to Government unless such division or transfer is effected with the permission of the Collector or such other officer empowered in this behalf, and the necessary entries fixing the respective liabilities have been made in the revenue records in accordance with the division or transfer, provided that nothing in this section shall preclude Government to proceed against the entire holding and recover the amounts due to Government, leaving the parties to settle their claims each other between themselves.
Section 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 Revenue Recovery Act, 1951 (VII of 1951), as if they were arrears of public revenue due to the Government.
Section 21 - Compensation Officer
The Government shall appoint Compensation Officer for the purpose of determining compensation payable under this Act and for the purpose of settling the amounts due to Government from Kudiyans.
Section 22 - Compensation Officer a public servant
(1) Compensation Officers appointed under S. 21 shall be deemed to be public servants within the meaning of S. 21 of the Indian Penal Code.
(2) The Compensation Officer shall have all the powers of a civil court while trying a suit under the Court of Civil Procedure, 1908, in respect of the following matters:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving the evidence on affidavit; and
(d) requisitioning any public record or a copy thereof from any court or office.
Section 23 - No action to lie against Government or any officer
(1) 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 instituted against any officer or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act or the rules made thereunder.
Section 24 - Rules
(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the authority by whom the question as to whether an institution is a religious or charitable institution of a public nature is to be decided, appeals therefrom and the procedure to be followed in deciding the question and in appeals;
(b) the proportion in which the compensation may be paid in cash and in bonds;
(c) the extent and manner of payment of interim compensation;
(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 sub-section (2) of S. 11;
(g) the authority or bank in which deposits may be made under subsection (3) of S. 13;
(h) the date from which the payment of the 1st installment of compensation by Kudiyan shall begin;
(i) the places where the compensation amount may be paid by the Kudiyan; and
(j) for all matters expressly required or allowed to be prescribed by rules;
(3) The power to make rules conferred by this section is subject to the condition of previous publications.
(4) All rules made under this Act shall be published in the Gazette and shall have effect as if enacted in this Act.
(5) All rules made under this section shall, as soon as may be after they are made, be laid before the Legislature Assembly for a period of not less than seven days and shall be subject to such modifications, by way of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
Section 25 - Difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government as occasion may require, may by order do anything which appears to them necessary for the purpose of removing the difficulty.
Section 26 - Repeal
The Travancore Jenmi and Kudiyan Act, 1071 is hereby repealed: Provided that such repeal shall not-
(a) revive anything not in force or existing at the time at which repeal takes effect: or
(b) affect the previous operation of the enactment so repealed or anything done or suffered thereunder; or
(c) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation or liability under the enactment so repealed and any such investigation, legal proceedings or remedy may be instituted, continued or enforced as if the said enactment had not been repealed.
Schedule - SCHEDULE
SCHEDULE
(See section 4)
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Aggregate of the jenmikaram Due to a jenmi
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Compensation payable to the jenmi
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(a)
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Rs. 500 and below
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12 times the Jenmikaram less the collection charges
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(b)
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Above Rs. 500 but not exceeding Rs. 1000
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9 times the Jenmikaram less collection charges subject to a minimum which is not less than the maximum amount payable under (a)
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(c)
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Above Rs. 1000 but not exceeding Rs. 3000
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7 times the Jenmikaram less collection charges subject to a minimum which is not less than the maximum amount payable under (b)
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(d)
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Above Rs. 3000 but not exceeding Rs. 7000
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5 times the Jenmikaram less collection charges subject to a minimum which is not less than the maximum amount payable under (c)
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(e)
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Above Rs. 7000
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4 times the Jenmikaram less collection charges subject to a minimum which is not less than the maximum amount payable under (d).
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