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19 11 : T.N. Act IV] Limited Proprietors 691

1 (TAMIL NADU) ACT No. IV OF 191l*.

(Received the assent of the Uovemr on the 14th Jwne

1911 and that of the Qovemr-General on the 4th
Jwly 1911 ; the assent of the Governor-Genera2
was 3 ~ 8 p2cblished
t i n the Port rSt. George Gazette
of the 18th July 1911.)
An Act to amend the Law relating to Prop-
rietors of Estates.
Wmms i t is expedient that oertainpersona who Preamble.
Madras
A C ~n are not proprietors as defined in the Madras
of 1894. Proprietary Estates' Village-service Act, 1894, the

$i8z.
Madras Madras Hereditary Village-offices Act, 1896, and
the Madras S w e y and Boundaries Act, 1897,'
~d~~~houldbe enabled to exercise the powers and dischrgc
A c t W the duties of proprietors under the said Acts; and
18$'. whereas it is also expedient to make provision for
the recovery of arrears of revenue from such persons;
It is hereby enacted as follows :-
I. This Act may be called the l[Tarnil Nadu] title.
ah~*
Limited Proprietors Act, 1911.

2. '[ I
* --- - . --- -.,--
~ o r &were substituted for the word "Madras" by the
1 These
Tamil Nadu Adaptation of Laws Order, 1969, as amondod by the
Tamil Nadu Adaptation:of Laws (SecondAmendment) Order, 1969,
which came into force on the 14th January 1969.
aFor Statemcmt of Objects and Renuom, see Fort St. George
Gazcilc 1011, Pt. IV,p. 4; for Report of Select Committee, see
{bid, I 411, Ertreordinary, p. 39; for Proceedings in Council, see
ibid, 1911, Pt., W, pp. 80,332 tll~d449.
The Aot has been repealed. See now the Tamil Nadu
Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923).
4 This e~otion was repenled by seation 3 of, and the Second
Srhedule to, the Tamil Nadu Repealing and h e n d i n g Act, 1967
( T a i l Nadu Act XXV of 1967). In so far as this Act applies tr
the added torritorie8, section 2 e repealed by section 12 of th
Tamil Nadu (AddedTerritories) Extension of Laws (No.2) Act,,
1961 (Tamil Nadu Act 39 of 1961).

126-1 9 - 4 4 ~
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692 Limited Proprietors . [$911 : T.N.Aot IV

DeGni. 8. In this Act, unless there be something repugnant
tiom* in the subject or context, " Estate " and '+ Village "
respectively mean an estate and a village as &fined '
in the Madras Proprietary Estates' ViUage-service Madmr
Aot, 1894. Act IT of
1834.
*@plica- 4. Where any person is entitled otherwise than
tion to
aollector as owner t o colleot the rents of the whole of tm estate
for regis- or any portion thereof consisting of one or more
tratlOn villages by virtue of any transfer fiom an owner or
ae pro-
pd6tor. of. any decree or order of a competent court or of any
rule or provision of law and is not the proprietor as
defined in section 4 of the Madras Proprietary
Estates' Village-service Act, 1894, he may apply to Medree
the District Collector to be registered as proprietor in Aot 11
of Issa.
respect of such estate or portion for all or any of the
purposes of tho Madras h p r i e t a z y Estates'
Village-service Act, 1894, the Madras Hereditary Madras
Village-offices Act, 1896, and the Madras Survey Act Ir
and Boundaries Act, 1897'. of 1894.
Msdrss
b
t m
Procedure 5. (-1) The DistrictCollector shall give notice of 1896.
On such of the application to the registered proprietor and Madraa
htIv
npplioa-
such other persons as appear to him to be interested of 1897.
in the result of the application ind, after giving them
an opportunity of being heard and making such
inquiry as he thinks fit, may register the applicant
as proprietor for all or any specified purposes of the
said Acts or may refuse registry:
Provided that where the applicant is entit-
led to collect the rents by virtue of a decree or order
of a competent court or of any rule or provision of
law, it shall be open to the District Collector to regis-
ter him as proprietor without giving notice or hold-
ing any inquiry.
(2) Subject to the provisions of ssctions 7,
11 and 13 and to any decree of s competent civil court,
such registration shall remain in force so long as the
applioant is entitled to collect the rents.
..- -
1 Thia Aot has been repealed. Sw now the Tamil Nadu Survey
~ r n l$oxuidaries
d kct, 1923 (Tamil Nadu Act VIlT of 1923).
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1911: T.N. Act I V ) Gmited Proprietors 693

6. If the District Collector is satisfied tha,t there.?:

I exists a substantial dispute regarding the applicant's in ,, of
right to collect the rents, he shall rcquire the applicant dispute.
to establish his right in a civil court, unlcss for other
reasons he is of opinion that the application should
not be granted.
LV-d
-3
7. Any registration made by the District Collector Collector
under section 6 may be cancelled or varied by him or oancelvw
at any time after notice to the persons concerned. regirtram
tion.
8. During the time that any registration u n d e r ~ ~ ~ & ~ f
this Act remains in force in respect of an estate or
portion of an estate the person so registered shall
exercise the powers and discharge the duties of a
proprietor under the Madraa Proprietary ~ d a t e s '
f:?; Village-service Act, 1894, the Madras Hereditary
, 1894. Village-offices Act, 1896, and the Madras Survey
f
IkLd* and Boundaries Act, 1897', in such estate or portion
$is%, in reepect of the purposes for which he is registered,
Madras and no other person shall act or be treated as pro-
*ct TV prietor in respect of those purposes in the said estate
of 1897.
or portion.

9. (1) Any person registered m proprietor under ~!$FY

this Act by virtue of any transfer made after the corn- person
mei~cementof this Act (hereinafter called the tmm- regirtered
feree) shall in nelation to the Government be deemed :OVp&I-
to be a landholder in respect of the estate or portion merit
'[Tamil of an estate concerned for tho purposes of the '[Tamil dues.
~ s d ~Nadu]
] Revenuc Recovery Act, 1864. and sllall be
A.ctrr liable to bo proceeded against under that Act for
lSB4'all anrns which are recoverable thercund3r from a
landholder and which a t the time of the registration
may be due on such estate or portion as the case
map be, or which may become due thereon a t any
time wlzile such registration remains in forcc.
- - -

1This Act linq boen repcdod. See now t.ho Ttimil Nndu
Survey ctnd Uoundt,~esAct, 1023 (Timil Xadu Act VIIl of 1923)
r Tllose words mere ~ubstit~utedTor tile .cvor(l ''II~drus"by
the Tamil Kadu Adaptation of L?,J~+ Ordrr, 1069, as amended
dy the Tamil Sadu Adaptation of Laws (Second Amendment)
Order, 1969, which came into force on tho 14th Januctry 1969.
I
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004 Limited Proprietors ti911 : T.d; Act I V

(2) If there is any valid agreement between
the owner and the transferee of a portion of an estate
as to the amount recoverable in respect of such
portion, the said amount shall be determined in accor-
dance with such agreement, except where the agree-
ment appears to the District Collector t o be
unreasonable. I11 casss where there is n o 19 .,&: - p e -
merit, or ~vhcre the agreement appea,., ~,o be ml-
reasonable, the District Collector shall fix the said
amount in the manner laid down in seotion 46 of the
ltTa,rail Nadu] Revenue Recovery Act, 1864. '[Taulil
Nadu]
Proce- (3) Nothing in this section shall relieve the .4ct 11
dure
in the transferor or his legal representative from any liabi. ls6.'-
oese of lity under the [Tamil Nadu] Revenue Recovery Act lrTamil
default. 1864. Nadu~]
Aot I1
10. Where in consequence of the dehult of the of 1864.
transferee or his legal representative registered
as proprietor under this Act it becomes necessary for
the recovery of an arrear to proceed against the estate
or portion of an estate in respect of which he is regist-
ered as proprietor, the Collector or other officer empo-
wered by tho Collector in that behalf shall oause a
copy of the notics prescribed in seotion 36 of the
=[TamilNadu] Revenue Recovery Act, 1864, to be
served also upon the o y r of the estate not less than
one month before the sale.
izz:
at 11
2moel-
lntion of
11. Where in consequence of the default of tht Of
trlmsforuo or his legal representative registered
'''''
registru-
tion in as proprietor under this Act, the owner of the o s w
orroe of pays the asrears due by the defaulter or any part
default.
of the estate is sold for the recovery of the art.eam,
the registration of the defaulter as proprietor under
this Act may be cancelled by the District Collectorand
the defaulter shall, from the &lie of the canmuation
and in cases where it has been appealed against from
tho date of the appellate order confirming the same,
:ease to exercise the powers and discharge tile
duties of a proprietor and mas0 to be a landholder for
the purposes of the '[Tamil Nadu] Revenue Recovery '[Tamil
Act, 1864. ..--a
Ndu]
Aot IT
1 Thuae words were substituted for the wordua&asw by of 1864.
the Tamil Nedu Ad~ptstionof h w s Order, 1969 BB amended by
the T a i l Nedu Adaptation of Lewe (Seoond ~ r n k d m w t )&dcr,
1969 ,which oame into fome on the 14th J m w 1969.
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I

+-,
4 1911 : T.N. Act IV] Limited Prplprietors 605
C

this Act ceases for any cause to be inforce the propie- gzzOf"d
12. From the date on which any registmtion under Revival
"U";'
Regulr-
tor then registered under the ' ~ & l Nadu]
tion
of

Landordinary
xxvI of Registration Regulation, 1802, or the 'pamil Nadu] proprietor on
'z 'pamil
lSo2'
~adu]
explry of
Land Revenue Assessment Act, 1876, shall possess the re4istry
powers and be subject to the duties conferred and this A C ~ .
unds.

Aot
1876.
imposed upon the proprietor by the Madras
1 Proprietaq Estates' Village-service Act, 1894, the
% d r ~
Madrw Hereditary Village-offices Act, 1895, and
Aot IIof
'89a. the Madras Survey and Boundaries Act, 1897'.
Madran
Act* of 13, (1) The District Collector shall record his District
1896.
reasons in writing for every order passed by him Collector's to
Act IV of under this Act. A copy of the order shall be in writin&
lsg7. despatched by registered post to all parties
affected thereby whose addresses can be ascertained.
(2) Against every such order an appeal shall ~~~~~i to
lie to the Board of Revenue within two months from uowd of
the date of despatch. - Rovenue.

14. NOsuit or application shall lie for an injuilctiori Uarrlng of

to restrain a District Collector from proceedillg suite aud
under this Act, nor shall '[the Government] or any p , ~ ~ f , " "~~~
officerof &[theGovernment] be made a party to any inju~otion.
suit or be liable in respect of anything done or
purporting to be done under this Act in good faith.
15. Subject to the approval of the '[State Govern. power ta
ment ] the Board of Revenue m y make rules no+ make
inconsistent with this Act for cafiying out the purposes
of the Act.
1 These words were substituted for the word "Madras" by the
Tamil Nadu Adaptation of Law8 Order, 1969,as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969,which came into force on the 14th January 1969.
s Now the Tamil Nadu S m e y and Boundaries Acb, 1928
( T d N a d u Bat VIII of 1923).
a The words "the Crown" were substiputed for the wor&
r~thesecretary of State for In* in Council by the Adaptation
Oder of 1937 8nd the word Government" was substituted for
" c ~ by~ the~ Adsptation
" Order of 1960.
r he words "the Crown" were substituted for the word
-kvernmentY' by the Adaptation Order of 1937 and the word
" ~ ) o ~ ~ ~ ewasn t substituted
'' for ' 'Crown'' by the Adeptation
Order of 1950.
a The words "Provincial Government " were substituted
for %heword "L~cel *v=ent1' by the Adaptation O r b r of
1937 and the word "State" mbahtuted for "ProvipciW
the A&bptatim Order of 1960,