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Section 7: Revision Petition to. the Director of Settlements

These rules may be called the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974State Rules of Tamil Nadu · 1969

(1) Every petition under sub-section (2) of section 5 for cancellation or revision of any of the orders, acts or proceedings of the Settlement Officer; shall be preferred to the Director of Settlements within 30 days from the date of service of such orders or proceedings of the Settlement Officer :

Provided that the Director of Settlements may admit a petition preferred after the period aforesaid, if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.

(2) Revision Petition to the Commissioner, Land Administration:

Any person aggrieved by any of the orders, acts or proceedings of the Director of Settlements or of the District Collector including those passed, done or taken in the exercise of revisional powers may prefer a revision petition to the Commissioner, Land Administration:

(3) Every such petition shall be preferred within thirty days from the date of service of the order cr proceedings of the Director of Settlements or of the District Collector, as the case may be :

Provided that the Commissioner, Land Administration may admit a petition preferred after the expiry of the period aforesaid, if he is satisfied that the petitioner has sufficient reason for not preferring the petition within the said period.

8. Enquiry into claims under sections 8, 9 or 10. (1) Every application for grant of ryotwari patta in respect of any land under sections 8, 9 or 10 shall be in Form No. 4 and shall be either presented in person or sent by registered post, to the Settlement Officer, within six months from the appointed day.

(2) Every such application shall be signed and verified bv fhe applicant, and restricted to lands in the holdings in a single

(3) If, in respect of any land, no person has applied for under sub-rule (1), the Settlement* Officer shall proceed enquire :-;o the nature and history of the land suo motu and determine if any person is prima facie entitled to a ryot- •vari patta in respect of that land.

1- The Settlement Officer shall, then, fix a date for the Enquiry and shall cause a notice in Form 5 to be served on * each janmi or tenant-or cultivator who has applied for ryotwari patta or who in the opinion of the Settlement Officer is prima facie entitled to a ryotwari patta, to'produce any record or w make any representation which he may wish to make at the enquiry. A copy of the notice shall also be sent, to the Tahsildar of the Taluk.

(5) The Settlement Officer shall also publish a notice in Form No. fi requiring any person who has any objection to any of (he proposal to grant ryotwari patta, to file before him a statement of his objections, within a week from the date of the notice and also requesting all interested persons to be present at the enquiry either in person or through an authorised representative and make their representations. Copies of the notice shall also be affixed on the notice board of the offices of the Settlement, Officer and of the Assistant Settlement Officer.

(6) The date of the enquiry shall not be earlier than fifteen days from the date, of the publication of the notice, referred to in sub-rule (5).

C7) The enquiry shall be. summary. The Settlement Officer shall hear the parties and afford them a reasonable opportunity for adducing any oral or documentary evidence.

18) The decision of the Settlement Officer shall be published in Form No. 7.

A copy of the decision shall be made available to the party concerned in person or sent to him by registered post,. A copy of the decision shall also be sent to the Tahsildar of the Gudalur Taluk and to the Director of Settlements. , , Appeal to the Tribunal.—(1) On receipt of an appeal preferred under sub-section (31 of Section 12, the Tribunal, shall car- • a notice in Form No. 8 to be published requiring all persons who have applied to the Settlement Officer under sections 8, 9 or 10 or filed a statement before the Settlement Officer in the course of the enquiry under such section, to appear before it.

(2) A copy of the notice shall be served on the applicant, the Tahsildar of the Gudalur taluk and every other person affected by the appeal, by sending the notice to the individual concerned by registered post-

(3) A copy of the final order of the Tribunal shall be communicated to the appellant, the respondents and the Tahsildar of Gudalur Taluk.

10. Vesting of Buildings (1) The Settlement Officer shall enquire into the claims of any person for a decision as to in whom the building shall vest under section 11 of the Act.

(2) The provisions of rule 8 as in. enquiry shall apply mutafis mutandis in regard to such claims.

(3) The power of the Settlement Officer specified in Sub- rule (d) shall be exercisable also by the Assistant Settlement, Officer subject to revision by the Settlement Officer, the Director of1 Survey and Settlement and the Commissioner of Land Administration. Such revision petitions, other than the revision to 'Commissioner of Land Administration, shall be preferred with in thirty days from the date of communication of the order sought to be revised and the revision petition of Commissioner of Land Administration shall be preferred within sixty days from the date of communication of the order sought to be revised. The Commissioner of Land Administration may at any time in his discretion suo motu call for, examine and revise if necessary any order passed or proceeding recordeid by fha Assistant Settlement Officer, the Settlement Officer or the Director of Survey and Settlement :

Provided that the Assistant Settlement Officer, the Settlement Officer, the Director of Survey and Settlement or the Commissioner of Land Administration shall not, pass any order prejudicial any person unless he has had a reasonable opportunity of making his representations.

Where this provision sits

ActThese rules may be called the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974
Section7
Marginal noteRevision Petition to. the Director of Settlements
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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