THE TAMIL NADU REVENUE SUMMONSES ACT, 1869
Tamil Nadu Act No. III of 1869
(Received the assent of the Governor on the 9th March 1869, and of the Governor-General on the 23rd April 1869, and takes effect from the 1st June 1869.)
An Act to empower Revenue-officers, to summon persons to attend at their kacharis for the settlement of matters connected with Revenue-administration.
Preamble.
Whereas it is found that the revenue-administration of the country is retarded, because Revenue- officers, namely, Collectors, Sub-Collectors, Assistant Collectors, Deputy Collectors, Tahsildars and Deputy Tahsildars, are not made competent, by express provision of law, to issue summonses for the attendance of persons, or the production of (These words were substituted for the word “document" by section 10, ibid) [documents or other articles] in certain cases in which it is their duty to hold investigations; It is hereby enacted as follows:—
1. Revenue-officers empowered to appear or to produce documents.
Collectors, Sub-Collectors, Assistant Collectors, Deputy Collectors, Tahsildars and Deputy Tahsildars shall have power to summon (These words were substituted for the words ''all persons resident within the district" by section 10 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tamil Nadu Act 8 of 1964)) [any person], whose evidence may appear to them to be necessary for the investigation of any matter in which they are authorized to hold an inquiry, and also to require the production of any (These words were substituted for the word “document" by section 10, ibid) [document or other article] relevant to the matter under inquiry, which may be in the possession or under the control of such person.
2. Terms of summons.
Such summons shall be in writing, and authenticated by the signature and seal of the officer by whom it is issued.
It shall require the person summoned to appear before the said officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence or to produce a (These words were substituted for the word “document" by section 10, ibid) [document or other article], or for both purposes; and any particular (These words were substituted for the word “document" by section 10, ibid) [document or other article], the production of which is required, shall be described in the summons with convenient certainty.
(Ss. 2 to 5 of this Act apply, muiatis mutandis, to summons under Tamil Nadu Act V of 1893— See s. 3 of that Act)
3. Service of summons.
The summons shall be served personally on the person summoned, or, if he cannot be found, it may be left for him with some adult member of his family residing with him (These words were substituted for the words "or with the hand of the village in which he lives" by section 10 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tamil Nadu Act 9 of 1904) [or by affixing it on the outer door or other conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain.]
(Section 2 to 5 of the Act apply, mutatis mutandis, to summons under Tamil Nadu Act V of 1893— see s. 3 of that Act)
4. Persons summoned to produce may send documents by third Party.
Any person may be summoned to produce a (These words wore substituted for the word "document" by section 10 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tamil Nadu Act 8 of 1964)) [document or other article], without being summoned to give evidence; and any person summoned merely to produce a (These words wore substituted for the word "document" by section 10 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tamil Nadu Act 8 of 1964)) [document or other article] shall be deemed to have complied with the summons if he causes such (These words wore substituted for the word "document" by section 10 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1964 (Tamil Nadu Act 8 of 1964)) [document or other article] to be produced, instead of attending personally to produce the same.
(Section 2 to 5 of the Act apply, mutatis mutandis, to summons under Tamil Nadu Act V of 1893— see s. 3 of that Act)
5. When personal attendance of witnesses dispensed with.
When the person whose evidence may be required is unable, from sickness or infirmity, to attend before the officer issuing the summons, or is a person whom by reason of rank or sex it may not be proper to summon, the officer issuing the summons may, of his own motion, or on the application of the party whose evidence is desired, dispense with the appearance of such person, and order him to be examined by a subordinate deputed by such officer for the purpose.
(These sections were added by section 10, ibid)
[6. Officers to have powers of a civil court certain matters.
The officer issuing the summons or a sub-ordinate deputed by such officer under section 5, shall have the same powers as are vested m a civil court under the Code of Civil Procedure, 1908, for—
(a) summoning and enforcing the attendance of any person and examining him on oath; and
(b) requiring the production of any document or other article.
7. Power to make rules.
(1) The State Government may make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the form of summons to be issued under this Act;
(b) the scale of fees to be levied for the service of processes, when summonses are issued at the instance of parties in an inquiry;
(c) the scale of allowances payable to persons summoned to give evidence and their deposit by parties at whose instance the summonses are issued.
(3) All rules made under this Act shall be published in the Fort St. George Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this Act shall, as . soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that role.] |
