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1MQ : Cen. Act X] Revenue Ommissioner 99
1851 : Cen. Act XII] City Land-revenue
4. The oorre8pondence and other documents belong-
ing to any such commission shall be deposited on the
~~~~~
determination thereof, in the office of the Board of
Revenue, and shall be deemed records of the mid
Board.

ACT No. XI1 OF 1851'.

[THE MADRASCITY LAND-REVENUE ACT,1851.1
[14th November 1851 .]
An Act for securing the Land-revenue of M a w .
WHEREASit is expedient that the land-revenue pmamble,
aocruing due to 2[the Government] 3[within the local
limits of the ordinary original civil jurisdiotion of the
High Court of Judioature at Madras], should be as-
oertained and collected in as summary a manner as
in other parts of the territories under the Government
] ; It is enacted as follows :-
1. All assessable lands not the property of s[the tf""z"menr
Government] S[within the local limits of the ordinary assessed
lands in
l T h e short title was given by the Repealing and Amending Act Madras
1901 (Central Aot XI of 1901). Tom.
9 According to the direction in the Adaptation Order of 1937,
the words " East India Company" should be changed into
d r the Crown " and consequently the expression " the East India
Company ift the Act ahould read as '(the Crown". The super.
fluoua '6 the in the expression " the the Crown " was omit-
ted with effect from the 1st April 1937 by section 3 (2) of, and the
Seoond Sohedule to, the Tamil Nadu Repealing and Amending
Aot, 1951 (?:mil Nedu Act X I V of 1951). The words '' the
Q o v e r n ~ e n t were substituted for the words '' the Crown at
Madras by section 3 of, and the Second Schedule to, the Tamil
Nadu Repealing and Amending Act, 1965 (Tamil Nadu Act
XXXVI of 1966).
8 These words were substituted for the words " within the
limits of the Town of Ma!;as as defined in s. 12, Regulation 11of
1802 of the Madras Code by the Amending Act, 1891 (Cenfral
Aot X I I of 1891).
4 The WOT& of the Crown " were omitted by seotion 3 of,
end the Second Schedule to, the Tamil Nadu Repealing and
Amending Act, 1956 (Temil Nadu Aot XXXVI of 1966).
6 The words ('the p w n " were substituted for the mrda
'6& a t India Company by the Adaptation Order of l9a&end
the word " Government " warr substituted for " Crown by
tb Admpbbion Order of 1960-md also footnote 2 above.
126-1%-7A
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100 Citp Land-~.evenue [I851 : Cen. Act XI1

c~iginnlcivil juri,sdict ion of the High Court of Jucli-

caturo . h t JIailrasl, of which1 the rate of sssessmoilt is
l i n t kizo\vi1, or which ha\-c not lleretofore been asst's-
swl, shall bo n:lsos ccl i ~ tho
l rtbtos cn ;tomarily charged
upoil lan(ls oi a ;.imilar tiesoription i l l tho neighbour-
hoot1 accnrtliizg AS they may bo situated respectlvoly
within or without the l[PresiJeii~y t o ~ 1 1 of
3larlras'J.
Lnlrhirnj 2. Lakhiruj tenures of iailcl in Madras. of which
tenures.
uuinterrupted possession has boon Ilold under alleged
grants, exempt 01%partially excAmptfrom assessment
for sixty years, shall be valid; no other lakhiraj
tenures of land in Madras shall be dc,%medvalid,
unless the same are or shall be held under an unex-
pired grant from the British Government.
Rate of 3. Tho Collector of Madras shall determine the
aiscssment.
rate of assossmeiit to be 2[levied] on assessable land
under section 1 of this Act, with reference to the
rate assessed upoil other land of a similar description
Appeal. in the neighbourhood, subject to an appeal to the
Board of Revenue, to be made within six moiiths
from the notifieatioll by the Collector of the assess-
ment fixed by him. The decision of the Board of
Revenue upon such appeal shall be fi~itl.
Powcxr to 4. Tllo Collector may order any assessable land or
order
. men8urcmc~nt. land already assessed or charged with a rent payable
to a[the Government], to be measured, for the
purpose of determining the amount of assessment
1 The worrle " Pr~sidencytown of Madms " WI r e substituted
for this wonlq " w:~llsof Gcorgc T o w ~ l " by soct~on4 of, and 6110
Third Srlloilule t o , thc T ~ l n i Nadrl
l Rc~prallngulrd Amcnding Act
I957 (Tamil Xt~tluAct XXV of 1957). The wnrtl,+"George Town ';
wvre thrm\olves bub:,t itutcd for thr wc~rcls Bluck Town " by
'$

s e c t ~ o n3 of, a n d the Second Schrdulc to, tho Tq5rnilNadu ~ c ~ e o i .

1
1
I
I
ing and Amonding Act, 1935 (Tamil Nadu Act =.VI of 1955). i
2 This word was substituted for the, wort1 '' laid " by section 4
of, and t h e Thlrd Schedule to, the Tamil Nadu Repealing and
Amending Act, 1957 (Tamil Nadu Act XXV of 1037).
s T h e word8 " t h e Crown " were nubst;tutod for t h e words
East Indin Cornprlnv " by t h e Adaptation Order of 1937 ant1 t)lo
rr
i
word " Go\ ur~u~iollt l i t ~* ( I f c , ~ .. Cio~vn" by the
" \V ~b ~ U Li t Q
Adaptation Order of 1 9 5 h e e alRo footnote 2 on pago 99 8Upra i
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1851 :.Cen.Act XII] City Land-revenue 101

to be imposed, or in the case of land alreaay asses-

sed or oharged with a rent, for the purp:)se of ascer-
taining whether the actual dimensions, and the
dimensions upon which the amount of assessment or
rent was calculated, correspond.
5. Whenever, upon the measurcmsnt, of ally land Abstemont
under the prcoeding section. i t shall be fo~lndthat for land
a:scss-d
the dimensioils upon which the ainolxnt of asso3sinenL beyond
or rent mas calculated exceed tho t3ctual dimensions,
a proportinate abatement ~ht,ll be made for the dim"naionh.
exoess, on the demand of ills party eiititlod to
olaim it.
6, 011 the other hand. when the actual dimenviolls C;,arge for
exceed the dimensions upon which the amount of land in
assessment of rent was calculated, t h l excess shall be ;;:;igf
charged a t the same rate as the rest of tho lanci, the
possession being left undisturbed : Provided that, Saving of
when it shall appear that the excess hss been caused right of
by the surreptitious usurpation of ground belonging to whomholder from
excess
another tenure, the act of tho Collector ill assessing is usurped.
it s h l l not prejudice tho holder of such other tenure
in any effort he m.Ly make to recover the groulld
usurped from it.
An appeal shall lie to the Board of Revenue ,+peal
against any extra assessment or aiiditio11i-d rent assessment.
against extra
oharged by the Collector for ~ X C ~ SbyS measurement,
under this section, if preferred within six months
from the date of the Collcctor's ordole. Upon such
appeal the decision of the Board of Revenue shl,ll
be final.
7. [Recovery by distress and sale.] Rep., by the
Madras City Land-revenue (Amendment) Act, 1867
(Mad. Act V I of 1867), s . 2.
8. I11 the case of payment by ally tonulit or Deduclioll
occupier not holding irnmctli:etoly under l[t,ho From landlord'o
Government], or the soizure and stblo of his property, payment
rent, of
by
he may deduct tho ~~1110~11t of the p q m e n t or levy under.bnsnr.
tpom the next p a y ~ * l ~oft rent to his landlord.
1 The worcls the Crown " 1%-erosnl~stitn'r(1 for the words
East India Company" by tho ~2d3rpttLtio~i 0 1 1 L 1. of ]!I37 ant1 the
ord " Oovernmotlt " wnts substituted for " Cu>wn " by
deptation Ordor 1960-see 8180 footlloto 2 c?n p. 00 supra.
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102 City Land-revenue [I851 : Cen. Act XI1

Priority of 9. Tlze claim of l[the Gover~~rnent] for land-
olaim for
revenue or rent has priority over all othcr claims I
and revenue. upon the land, or t o which propehy distrained
upon the land may be liable.

Deposit of 10. It fhe Collector's claim for arreers of ront is

amount of disputed, the process of distraint and sale shall not
disputed
claim. be stayed, unless the amount claimed be lodged
+th the Collector. i
1

Inquiry into 12. When a claim to hold land lakliiraj, or free

'ldm to of assessment, shall be set up under this Act, t h o
land rent-
froe, and Collector shall inquire into thc clainl, taking such
roport to evidence as the claimant may offer or tho public
Board.
records supply, and shall report his proceedings in
the case for the consideration of the Board of
Revenue.
Procedure
thereupon. If the Board of Revenue are satisfied of tho
validity of the claim they sha.11 make an order ac-
cordingly, and such ordcr shall be final. If they
are not satisfied of the validity of the claim, they
shall direct the Collector to assess the land, leaving
the claimant to contest the Collector's demand in
the Civil Courts, as herein provided.

Penalty for 13. Any person obstructing or molesting the

obstructing
Collector or his Collector orany of his subordinate oAicers in the
nubordinator. execution oftheir duty shall, on conviction before s
Magistrate of the town of Madras, be liable to a fine
not exceeding five hundred rupees, and, in default
of payment, to imprisonment in the common gaol,
for a term not exceeding sixth months, or until
the fine is sooner paid.
l T h e words " the Crown " were substituted for the words
"East Indp Company " by the Adaptation Order of A937 and
the word Government " was substituted for " Crown by the
Adaptation Order of 1 9 6 h e e also footnote 2 on p. 99 supra.
1
2 Thissection was omitted by section 2 of the Madwa City
Land Revenue and Revenue Recovery (Amendment) Act, Isti7
(Tamil Nadu Act 16 of 1967).
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1861 :Cen. Act XII] City Land-revenue 103

,
14. The Collector may punish any contempt CoUector9s
committed in his presence in open kachari or office,~ ~ ~ ~
by fine not exceeding two hundred rupees, and in
dafault of payment, by in~prisonment in the
common gaol for a term not exceeding one month.
From every sllc h order of fine or imprisonment ~~~~l from hi8
an appeal shall lie to the Board of Revenue, orders.
whose decision shall be final.
15. The Collector shall act in the execution of this
Aot under the usual control of the superior revenue Control
C~llcctor.
of
authorities.
16. The ground-rents payable to '[the Government] Iremytion of
&om lands in Madras are revenue within the qllestions relat-
meaning of the Act of Parliament, 21 Geo. 111,ing to ground.
oap. 70' ; and the &upreme Court of Judicature ?gd:'~ Ci2i
established by Royal Charter at Madras has not any supreme court.
oivil jurisdio tion concerning the said ground-rents or
concerning anything ordered or done in the assessment
or collection thereof.
17. All actions concerning any trespass or injury
oommitted by any Revenue-officer, acting under Civil JuriediCtion
Courts in
0010ur of this Act, or concerning any claim in Chingleput in
respeot of any goods taken by, or any moneys paid suits against
to, any Revenue-officer under this Act, or concerning Revenue
officers.
any claim of rent or revenue on the part of '[the
Government] under this Act, shall be tried and deter-
mined in the Civil Courts established by l[the Govern-
ment] in the Zila of Chingleput, notwithstanding
that the oause of action in respect of which such action
is brought arose, or the defendant therein reside,
within the limit of the town of Madras, and every
such action shall be brought within six months after Limitation
the cause of action arose, and not afterwa.rds.
18. The words ' c Collector " and " Board of
Revenue" used in this Act shdl be taken to mean any ::A1e?go$d#,,
person or persons lawfully appointed to exercise the Revenue
powers vested in the Collector and Board of Revenue, d a e d .
respectively, under this Act.
1 Tho words " the Crown " were substituted for the words
"East 'lndii Company,:' by the Adaptation Order of 193; and the
word "Government was substituted for " Crown by tbe
Adaptetion Order of 1960-see also footnote 2 on page 99 supra.
The East India Company Act, 1870 (21 Geo. 3, C. TO),
prinbd, Colloticn of Statutes relating to India.
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l[TAMIL NADU] ACT No. 16 OF 1967.
THE MADRAS CITY LAND REVENUE AND .
REVENUE RECOVERY (AMENDMENT)
ACT, 1967.
[Received the assent of the Governor on the 10tlz Octobe
1967, first published in the Fort St. Georgt Gr.zctt.: I
on the 18th October 1967 (Asvina 26, 1889).]
An Act further to amend the Mcrdrus City Lancl Revenue
Act, i851 and the l[Tarnil Nadw] Revenue Recovery
Act, 1864.

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mrt: title and 1. (I) This Act may be called the Madras City Land
commencement. Revenue and Revenue Recovery (Amendment) Act, 1967,

(2) It shall come into force on such date as the State

Government may, by notification, appoint.
&
2. [The amendment made by this section has already
been incorporated in the Madras City Land Revenue
Act, 1851 (Central Act XI1 of 1851).]

ment) Order, 1969.

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:peal! of
adra,s Act VI
' 186

(3) The repeal by sob-sec~ion(1) of the said Act shall

(d) any investipatiot~,legal proceeding or remedy

in respect of any such right, privilege, obligation, liability,

r
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Btension of 6.ti) The ?[Tamil rJ~c!u]Reve~lueRecovery Akt;1864'

$[Tamil Nadu N:~do] Act I1 of 18641, as in force immediately
Act] Or 1864 date o f the commenccu~~ent. of this Act in the
to the added
teries, repeal S [ $ t ~ ; , -
3 , f Tanlil F?adu] excep! in the added territories
aqd saving. and z.: amenclod by this Act ( hereinafter in this s6ctioli
sc~f5::: cJ.to as tl;e "Tamil Nadtr Act]).. is hereby extended
to, . tat? shctl t bc i II force in It;o added tc-1.1-itories.

( 3 ) l f ; intfi~o~liarely t 1 1 1 ~colnrneilce-
beft1:-c\:IIC c i ~e~of
~lc..;r O T tlzis h r t, there is ill 1; 1-cc i11the tt dded territories
2 z;,y !&;w col-:.espo~zciing ~o iikc ~l'a131rlitadu Act], suet?
*

~ ; \ ~ ~ - , ' ; p c t . r!~c~ii i~sllall

l ~~ g s i n ~ ~ cI-cpealeci
i 011 suclz date.

(3) 'Khc rcpcal by sub-sect i911(2) of any law corres-

pon,'.iil$ 10 the ~[TttrnilNadu Aci] in force i n the added
r ~ r i ,>rre-;
t in~mc~liately bet.o~-c:he date of the conlmene-
meJT:o f this A:! shall nlit :tRt'ct-
01) ~ ! - ~previous
c t~pcv-a~icsn of a:iy hrrc'i~ law r
;c;;yt ,-..ins(~LL!? iio.:e cr suRe1-t.ti 11-hercuncler ; o r
(h);irry right, privilcse, ob!igation or liability
I, - -
., .:...:-e :. . : ccl.iit?il or u
1
e i ; i ~ d any
c ~ S U ~ !;iw
I ; cr
i

(c) any pei~ult)',forfeilii:-e or pullishrnent incurred

jn 15s11e2i o r i l l ~ yoffence conrn~iiled i~gaiitst:r ny such i n ~ v;
Qf
(d) any iilvestigation, !cga 1 proce~di~lg er remedy
in respect of ally such right, pt.ivilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid ; aild any
such investigation, legal proceeding or remedy may
instirut ed , continued or enforced and any sucll penalty,
forfiiture or punishment may be imposed as if this ~ c t
had not been passed.

1, his exoressiall W a s substituted f o r the expression

"hladras Act" by paragraph 3(2) of the Tamil Nadu Adaptation
of E ~ W SOrder, 1970.
a These words Were substituted for the word "Madras.' by
the lamil p a d o ~ d a p t a t i o n .of Laws Order, 1969, as amended
by the Tam11Nadu AdaptatA0Ilof Laws (Second Amendment)
Order, 1969,
r This expression was s u b s t i t d d f or the express ion &<State
of )ladrasW by the Tamil Nadu Adaptation of Laws Order, 1969
ac amended by the Tamil Nadu Adaptation of Laws (s&*hd
X:2,adment)
... Order, 1969.
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--
-

967 :T.N. Act 161 Madraa City Lard I-',evenu.. fled

Revenue Recovery [Amendn~mt)

s of sub-sectio!~[Sj,
nc1udil:g any app,.inr-
ion, urder , ir struct,io%~
ation or ,cirm f r a m d ,
ti~n~effected under an! such
emed,to have been dc~izc or
g prov.isiolz of ;he "rTajlni4
in force 'acccrdingly, unless
~g done or a n y action t alien

litatiilg the application

the added territories, 2~1~7
onstrut tile l[Lalnil S;.du
affecting the substal;ce Lis
y or proper to adapt it to the nz:~tlei. l- rf~3l.e

ference it1 tlte l[Tamil Nadu Act] :L) :i

in force i ~ tzh e added tcr~itorics>lia3i,i n
nstrued ~s ~cfe~lsa(ce
y, in force in those tz:.ri-
, )

ference i n a114 law whicl1 c o l ~ t i l ~ e ~ c ~

in force in the scided ie~.ritcriesafter rbte ciate ~f the
law sepcded b\. sub-
hose territories, be ck~:?s1
nce to :he l[Tan~ilN d u Act].
For the purpose of this scctiol;, the
territcries " shall mean tll; tel-:.i:,&.
ries
o :XI Scl~edu!e to the And hl a P~~>.:.iesh
ion of Boundnsies) Act, 1959 Ice:-.;:a1
-..-- -
r the expression ''31 .-.e:.?...s
ii Nadil Adaptatloll or' L ~ r v s