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'FAMIL NADUJ ACT M. OF i 3 S . J


AND MATTUVARAM
[THB ~ R U C H I R A P P A L LKA~AERWARAM
~
ACT, 1958.1 *C

Received the assent of the President on the 26th March


1958 ;first published in the "Fort St. George Gazette, ,

Extraordinary " on the 31st March 1959 (Chaitra 10,


1881).]
i
An Act to define the conditions of engagement and to
provide for the protection of kaiaeruvaramdnrs and
mattuvaramdars in certain areas in tho dislsid of
~iruchirappalli.
WHEREAS in certain areas of Tiruchirappalli district cer-
tain peculiar kinds of relationship in respect of land called
' . .kajaeruvaram and mattuvaram are prevalent and whereas the -
uncertainties regarding the incidents of those re!ationship,
have led to frequent disputes between the landowners and
kafaeruvaramdars and rnattu~tamdan,leading to unsettled
conditions and breaches of peace and causinq fall in agri-
cultural pioduction ;

3These wo;ds were cubstituted for the word " Madras by the
Tamil Nadu Adapti tion of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
$For Statcment of Objebts and Reasons, see Fort St, George Gazette, I

Extraordinary, dated the 9th September 1958, Part IV-A, pages 435 to .
I

436.
TMSAct was extended to Mayanoor, Manavasi and Renganatha-
villages in the Kulitalal taluk of the Tiruchirappalli district
Ey 2 of the Tiruchirappalli lhiaeruvaram acd EAattuvaram
(Extention of Application) A?t, 1964 (Tamil Nadu Act 9 of 1964) which
wag deemed to have come ,Into force on the 1st April 1964, subject
, to the following modifications :--
P (i) for the expressions " COTT]MenCemW'ltof this Act " and " date
i of the commencment of this Act " wherever they occur, the cxpres- A
t' don "1st April IF64 " shall be substituted.
ii) for the expressions '' 1st day of -April 1959 " in sub-section
\
(3) 0 the section 1, " 1st January 1.957 " in section 5, "1st January
1957 in sub-sections (1) and (2) ofsection 8 and "1955-5ti or 1956-37 '
in sub-s~ctions(1,) and (2) of Secti~n9, the expressions " 1st day of
April 1964 " ,"1st January 1960, 1st .hn~ary1960 " and ''196061
, 1961-62 " shall resp:ctinly be susbstitutmi.
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1100 ~iruchira~palli [I958: T.N.Act X a f


+ ~ a i ~ ~ r b v a rand
a mMattuvaram
I

ANDWHEREAS it is expedient to define the conditions


of engagement and to provide for the protection of
kaiapruvararndars sod mattuvoraddo~sin ceitain areas in the !
district of Tiruchirappalfi ; 1
BE it enacted in the Ninth Year of the Republic of India
as follows :-
,% J
Short titie, 1. (1) This Act rnay be called the Tir uchir appalli
extent and Kajaeruvaram and Maftuvararn Act, 1958.
commence;,
ment
(2) ~t to the viltqges io the district of Tiruchirap '

pLli specified in the schedule.


(3) ~tshall come into force on the 1st day of April
1959, . . .
pefinit ions. ' 2
- In this ~ c tu, n \ ~the
~ i iontext otherwise requires,-'
( garden land '9n&ins dry land irrigated by lifting :
water from wells or other sources ; .
, s

( b ) "kaiarrurorumda .' means any person 'engaged,,


by a landowner to do loughing and watering operatiom or
I I .
P
ploughing operation a one on a land for remuneration for
such work by a share in the crop on the land in respect of
which such work i.s done or, by payment of a fixed quantity
of paddy or by both such h a r e and payment.
I t

I I

((9 landowner in relation to a kaiaeruvaramddr df


' b6 99
. ma~tuvara;l,da~ means the owner of a laad who has engaged
the kajaeruvar' mlhr o r the mattuvaramdar and includes any
persm derivir g ~ n yright from such Owner in respect 4- f
that l a d ; . . .
r ' 1

. 8.

.11&9.* of the k e d .Forces . ' shall have the .

same mea& as in clause (29)'of ~ection3 of the 'Famil


Land\eforms (Fixation of Ceiling on Land) AG~,:
Nadu Act 58 of 1961)*1
f .

ICC_-
ms claw was iuserted by section 4 (i) of the Tamil Nadu Tenancy.
(Amkndment) Act, 1965 ( T a d Nadu Act 9 of 1965)-
words were substituted foi the word "Madra. " by thC I

TamilNaduAdaptation of Laws Order, 1969,das amended b?th!?T a d \ % ,


*duAdaptation ~ a w s Amendment) Order, 1969.
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4958 : y.N. A GXXXVI]


~ T i j ~r*uy3&fi~
n~ ;. e' '
1101
fiiaevwaram and Mt~ttuvarufl2
- .: 2
(d) "mattuvarantdar " means any pcrson engaged by . .L
L ;*~ndowncr to supply bull:; for ploughing operation and to .-
do ploughing and other op:rations on a land for remunera-
tion for such work by a share in the crop on the land in
respect of which such work is done ;
.
'
(c)one acre of wet land shall be decmed to be equb -4'

valent to one and a half acres of garden land or three acres 2% r-

of dry land and any reference to acres 6f wet land shall*be


deenied to include a reference to dry orbgarden land reduced
I to their equivalent kxtent of wit land:' '

d . .
3. Notwithstanding anything to the contrary contained
in any pre-existing law, custom, usage, agreement or decree P
or order of a Court, the remuneration payable to any
'

kaicre:u-oaramdar shall bo on the same .terms as were . I .

applicable to him immediately before the cpmrnencement ' ? ' ,

\ of this Act.
. C I
Y

4. (1) S.ubject to the provisions of sub-sections (2) and D ~ s ~ i Mof


al i
- kaiarriivaram-
(3), no landowner shall dismiss a kaiaeruvaramdar after the dare +

commencement, .. of the agricultural operations in a crop ,


season.
(2) Any landowner may dismiss a .kaiaeruvararndiii. ' ~"'i!'
for misconduct or for negtect of d6ty but shall within a :' !;*; ,
,
week of the dismissal report the fact of such dismisssl,
to
the Tahsildar having ju!isdictiOa over*thearcd. ',
(3) Any. landowner or kaiaeruvarcrrnnhr may ter- t,'
i I
minate the engagement by giving notice in writing .of not
less than twelvc months or by mutual ngreemcnt, provi- - '
1
?
dcd ihat where ihc landowner terlnillatcs the cngage- - i
111ent under this sub-section, he <shallbe liable' to pay to I
lllc ,:.::ineruv~;rm&"ir such compensa!ion a s may be pr&-, i ) t , . - 1'

cribed or such amounts as may be mutually ~ g r c ~ upon.


ed '.' '! ', '*:!
I

i
5. Any !aiaeruvara~rzd~r whose engagement has been~~8iaotuva. "i
on or after the 1st January 1957 ;nd before. the ramc'bi t o be
terl~~inated
commence'ment of this Act shall, on application made :i2-ehaged i
in cert ail1
&thin thirty. days aftbr the commenc ' ment of t h i ~ActG+. ,s,ab
to the Tahsildar having jurisdictiod 'over the &;%in ' ;,

which the land is situated, be entitled to be le-eng- pd'ps? 'r- A

a Kaiaeruvaramdar under this Act by the landowner con-


cerned: -
Provided that the application -may be received after"'" # . ) . .
.. .
the period of thirty days aforesaid if the hpplicznt
125-3-71
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I
\ ' ' 1 t

1102 TiruchirnpparM [i958: T ~ NAct


. ~xXVI
Kaiseruvaram and Matt uvaram
satisfies the Tahsildar that he had sufficient-cause for
not making the application within that period -': -A

Provided further that any order for wengaging any


kal~eruvaramdarunde; this section shall, in respect of 1

any land where there are standing crops on the date of


such order, take effeot irnrnsdiately after the harvest of
such crops.
~[S-A.(1) Subject to the provisions of sub-section (2),
. a kaiaeruvaramdar in respe~tof any land, who is enrolled
speGial
ges for gem-a-s a member of the Armed Forces may, on dischargb or
privi*
bcr of the retirement from service or o n being sent to Reserve make
ribed period G n application for re-engage-
ldar having jurisdiction aver the area
is situated. Upon such applicittion -
to be re-engaged by the land owuer
ruvaralndar with all the rights enjoyed
before his enrolment a a member - .

- Provided that anv order for re-engaging any k a i a e r ~


varamdar under this section s h d , in respect of any land
:where there are standing c r ~ on p the date of such order,
take effect immediateily after the harvest of such crops, - 4

ub-section (1) shall be deemed to


lndfir to be re-engaged if, having
the foUowing matters#nameb, :-
(a) the reduction, if any, in the extent of the land
ned aftei the date of the ervdtnent ;
of the a g r k u h r d operatiom
that lana O n or after date of

(c) such other matten may be prescn'bed


~&sildzucis satisfied that it will not be just and proper
0 require the land owner to re-engage the kaiaeruvaramdar
(3)nIn disposing of an appliqition under riub-section
(1) the Tahsilar shall follow such procedure as may be
*r ksdbed.1 %

1 TYSsection was'inserted by section 4 (ii) or the ~ m jpgadu


j -
~enancy'(Amendmenc)Act, 1965 (Tamil i&uu Adr 9 of1965b
.
-.. L
..

-
'*-* - --- ---

3
u-
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t D.N.Act xXYVI] TirucTzirappaNi 3103


KaiaeruvaraM and Mattuvara $71
F
$, (1) Save as otherwise exprossly provided in icAct, Adjudication
A

l jispute between a landowiler and a icaiaeruvaramci!~rofdisputes,


fudin8 any dis~aissalof a icaiaerzrvnrarndar under sub-
bn (2) of section 4 or any matter which affects their
hal har+nonious relationshi;? ill the cultivation of land,
0, on al'plication by any party aggrieved, or on recei;,:,
h e report made under sub-aecrion (2) of section 4, be
ided by the Tahsildar having jurisdiction over the area
which the land is %situated.
Explanatbl.--'Yhese the land in respect of which the
iaeruvaranzduu is engaged is situated in the jurisdiction
more than one Tahsildar, it shall be open to the party
grieved to apply to any one of iliose Tahsildars.
(2) Against ally final order passcd by the Tahsilciar
mder section 5-A or sub-section (I)], an appeal shall
''.to the.FQevenue Divisional Oficer to whom the Tahsiltlar
)nccgl~edis wbordinate wirhin thirty days of the passing
[the order unless he, for rccsoiq ;to be recorded in writing,
3nsidel-s that these was su"dcieat reason lor hot preferri.ng
le appeal within tiiac and ~ o i ~ ( J ~fhe e s in preferj:ing
l ~delay
he appeal within that ti mi: ; and the decisio:l of the
tevemle Divisional Officer on :;uch appeal shall bc iinal.
7. Notwithstanding anylling contained h &.e 2['I'did
Nadu] Cliltivatiilg Tena:n'i.s Protectior? Act, 1955 (2lT;unil Application
Nadu] Act X>iV of 1955) and the 2rj%JIIil Nad~!j Culti- nfz[Tamil~adcl
vating Tena~~ts (Payment o l Fair Rent) Act, 1956 ( ["lamil Act XXy of
NaduJ Act =1V of 1956),- 1955 ands[Tamil
Nadu Act]
(a) the provisions of those Acts shall apply to any ~ x ~of\ r
jnattuvavmndar under a iandowller wile owns more than 1956 to
tenacrcs of wet land aud such a ~irat~uvaranrdar shall be mattuvarama
deemed to be a cultivating tenant within the meaning of darso. .
.those Acts ; and
(b) any innttuvaramrlnr under a landowner referred to
'
t' .
in sub-section (2) of sectio~~
:I
9 whose engagement has not
i been terminated under that sub-section shall be entitled to
; continue as a rnatt~~ararnc~c~r on the same terms as were
applicable to hiin immediately before the commenc'e13:lent.
1 ------- *
! - 1 This expression was substitl.ted for. the .expression ''under
-
*sub.sec(iOn (1)" by smion 4 (iii) of the Tamil Nadu Ten.incy

1,(Amendment) Act, 1965 (Tamil Nadu Act, 9 of 1965.)


These wards were substituted hir the word "MadrasJ9by fhr
Tamil Nadu Adaptation of Laws Order, 1969, a3 amended by thc
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
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of this Act and the l[Tamil Nadu] iiCu1t.i


Protection Act, 1955 (l[Tamil Nadu] Act
a shall as far as may be apply to him as if he were a dul
vatiag tenant uuder that Act.
Transitory 8. (1) Any proceeding under the [Tamil Nad
pro?i~ion,ting Tenants Protection Act, I955 ('[Tamnil
of 1955) (hereinafter in this section referre
Act), which has been disposed of on or a
1957 and before the commencement of this
footing.th.tt the said Act did not apply to any m@N
dar referred to in clause (6) of section 7 shall,
made by such ntattuvaramdar within
,A '. commencemeut of this Act, be reoper;
r& ,,..,.
$
*
in accordance with the provisions of t
,A" ., ' , , were a cultivating tenant within the meaning of the said
i.,
i ., . Act:
Provided that the application may be received. a&
the period of thirty days aforesaid if the applicant satisfie
. ,.
the authority concerned that he had sufficient cause for no
making the application within that period.
(2) Any mattuvaramdar referred to in clause (a) of ..
section 7 whose engagement has been terminated on or
after the 1st January 1957 and before the commencement
of this Act on ihe footing that the said Act did not apply
to him at the relevant ~ n shall, e on application made
r
. within thirty days after the cornmeacement of this Act,
A v
7 7
. d .

*:+ +

be entitled to bc re-engaged on the terms specified in claw


q.

I
(b) of section '7 :
PL-ovidedthnt no such application s
as against 9 landowt~crwho would bc
\
the engagement u13cter sub-section (
of ssction 9 to ~ h clctznb
: ~li,l;fi-L;i n
Provided f ~ r t h c thnt
r the apglic
after the periocl of thirty days afores
satisfies .th.: gut hority concerned th
cause for not making thz application within that period.
(3) The provisions of section 4 ofthe said Act shall,
.- . $0 far as may be, apply t 0 any mat tuvaramdar entitled
to be re~engageced b~o an application made under sub-
-
section (2).
-
These words were substituted for tha
I Tamil Nadu Adaprntion of Laws Order, 19
Tamil Nadu Adaptation of Laws (Second
1969,
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" I

.: 1958 : T.N.Act XXXVI] Tiru~hirappalZi


l!aiaeravaramand Mattu varum

> * -

I
I '[B-A. (1) Any mattuvaranidar in respect of any leges special privi-
. land, who is entitled to the benefits confer1ed by section 7, b, for mem.
and who is enrolled as a member of the Armed Forces ~~~~d the
may, on discharge or retirement from service or-on being who was a
sent to Reserv:, make within.. the prcsc: ib:d period an mattuvaramdar ,
application for re-engagement t o the R e v ~ n uDivisional
Officer having jurist.iction over -the area i n vtrl~:cbrhe
land is situateA. Upon'su~happlication he 5 hill be en ti: led
to be re-engagad by the land owner concerned as a rnlttzr-
vardmdar in respect cf that land with all the rig::ts
-njoyed by him immediately before his enrolment as a
member. of the Armed Forces : -.
Provided t hat'any order for re-engaging any mar tu- I
I
Yar~t2~dilr under this section shall, in respect of a n y land
where there are standing crops on th- date of such order,
take effect immediately after the harvest of such crops.
(2) In disposing of a11 application under sub-section
(1). the Revenue Divisional Officer shall follow such
prdcedure as may be prescribed.

8-B. Where a m9rnber of the Armed Forces dies special privi-


while in the special privileges conferred by sec- leges under
tion$ 5-A and 8-A on such member shall be available to sections
and 8A 5-A
to
the widow of such member, or any person dependent
I

widow
upon such member immediately before his death.] and dependents.

9. (1) Notwithstanding anything contained in sections 7 Landowner .


entitled to
8, a landowner who owns not more than thrcc acres of resume pos-
wet land and who has not been assessed to arry sales tax o r in
income-tax untler the respective laws relating to the levy of certain cases.
such taxes during 1955-56 or 1956-57 shall be entitled to /

terminate the englrgcn:c:lt of any mattzlvorarndar as if this I


Act had not been passed.

i These sections were inserted by S O C ~ ~ O ~4(iv)


I of Tamil
Nadu Tenancy (Amendment) Act, 1965 (Tarnil Nadu Act 9 of
1965).
. a

, . " *T \
It
I t

, . -;"* "
,
'9
i
*
q
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1 106 Tiruchivnppalli [I958: T.N.Act X m V l
Kaiaeruvaras~c.nd Mattti varain b

(2) Notwithstanding anything.containedin sections 7 ,


and 8, a landowner who owns not more than ten acregof wet
laird and who has not been assessed t o any sales .tax or
inconle-tax under the respective laws relating to the levy of
such taxes during 1955-56 or i956-57 shall be entitled to .
terminate the ehgagement of the mattuvarhmdars as if this
Act had not been passed :
Provided that the total extent of land in respect of \
which any such landowner as is referred to in this sub-
section shtrll be entitled to so termin3te the engageme&
of the mattzrvaramdars shall not exceed three acres of .\ye?
land illclusive of the wet land on which such landowner
has been carrying on personal cultivation :
Provid.ed further that any such landowner as is
referred to in' this sub-sectiorc shall have the right of khoos- .
ing the lauds in rt.spect of w.:lich hc desires to t e t m i ~ q + ~
the engagement of the ~ta?tzrv~.rcmdnr.
1

(3) Any landowner dcslr.'ng to terminate the engage-


ment of the mattuvhrain&s under snb-section (1) or under
sub-section (2) shai! apply to ihi. Reve~lue Divisional
O f f i ~ {i i~l rW ~ I - J Sj ~I I i i ~ t i i ~ L i ~ 'i ii~. ~!nil& or any part thereof
are sitcix~c:and thc provisions of sub-section. (2) of section
4-A )f L ilc ' [Tamil Nidu] Cultivn tin$ Tellants Protection
(

Act, 1955 ('(Tamil Nudu] Act X X V of 1955), [shall, so far


as ma,y hc, apply to s n applicatiuil ~nadcunder this sub..
section.

c . t
(4) ?i3 person who is not el~titledto terminate the
engagc~s~c~lt of the t ~ u t t t r ~ ~ ~ ~ullder z r ssection
r n ~ ~this
ss ~ tshall be deemed
the date of' the C o n i f l l ~ ~ I c ~c fl ~~ I~I ~~Act
,,
to be so cntitlcd by X E L S O of ~ ~ aily subsequent change in
his circulnstances.

! Levy of courl 10, Every app~icatio~l


f e e this Act 3
or i i l . ; l r i ~ r a ~ dofuappeal
- bear a court-f e stamp of one rupee
~ under
1 . ------- --------- ------- ---
I These words were suhsfitlicd for ~ l i e word s 6
Tamil Na.1~1Adaptation of .L;irvs Or 1er, 1$69, as amended by the
Madras" by -
TWlil lLT.dilL d i p t a t i ~ n0f L ~ W(Second
S nmmdmcn!
1969
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I I . 'rho i(ovcnue l>ivi!rir)lrirl ()ll)u:~ byo U


!1I1~t1111,i ilrr;~m;tlI(, ~ ~ Y / I ~
be a court suborciinatc to the High Court l'or tllc purposes the ~ l p h
of section 115 of the W e of Civil Procedure, 1908 (Central Court*
Act V of 1908), and any order of, the Revenue Divisional .
Officer under this Act shall be liable to revision by the
High Court under the provisions of that section. \

a 12. No civil court shall entertain any suit-or other pro- Bs& juid ,..G~*
ceeding to set aside or modify any order, decision or award diction of . :j t"
passed by any Tahsildar, Revenue Divisional Officeror . $2
;
1 .A,g

other authority under this Act or in respect of any other ,


.:"$.<,.' 2 3

i,i

matter falling within his or its scope. , ' .. v.


. t

E
I,
.,-
13. (1) The State Government may, by- notification, Power to , :
make rules to carry out the purposes of this Act, and in make rules. : I
;'

particular for the execution or enforcement of any orders, ,*


decisions or awards passed thereunder or for the removal <

of any doubts or difficulties which a a y arise in giving .


effect to the provisions thereof.
I
(2) All rules made under this Act shall, as soon as ' I .

possible after they are made, be placed on the table of both y*A*,'
i
the Houses of the Legislatureand shall be subject to s i ~ h
'

. ..
_
.+,
~3%
moacations by way of amendments or repeal as the -
, rik y'
.<, . ; :
Legislative Assembly may make within fourteen days on
6"

which the House actually sits either in the same session or :


i 3

in more than one session.

14. If any difficulty arises in giving effect to the provi. Power to


sions of this Act, the State Government may, as o~citsionculties. dia
may require, by order, do anything which appears to them
necessary for the purpose of removing the difficulty. A
copy of every order passed under this section shall be laid ,

before each House of the Legislature: as soon as possible


after they are made and shall be subject to such modifica-
tions whether by way of repeal or amendment as the Legis-
*
lawre may make in the same session or ic +he next seggiog.
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' 1958,: T .N Ad XXXVI] ..~ i r u ~ . h i m p ~ a l l i 1109


~ ~ i a e r umrn
v a a d Maft~varQfi'
i L L

f
SCREDULE.
[see section 1 (2).]
Serial Revenue
nrrmber. number. Name of village.
(1) (2) (3)
(1) Kulitalai taluk.
15 Kiishnarayapuram.
. . B
1 3 ~ Mahadanap~ramNortho I
14 ~amand13r.
.
I

11 . Kallapalli
12 Chintalavady .
10 Pillapalayam.
8 K. Pettai.
7 Vadiyam.
6 Manathattal .
,j Vaigainallur North;
4 Kulitalai.
3 ~aj&dram.
2 hkrudur Nortl~.
1 Kumaramwgdan~.
I

37 Poyyamani.
38 N a n g a v a North.
3 8 ~ ~ZtnbaV~rarn South.

(2) Mmiri taluk.


Natham.
Arasalur .
Thottiam.
Ayyampdayam.
Amur.
Konwilam.
Sundakkai.
.
Vellur
Sriramas~dt&r
Alagarai.
r .
Sithut.
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1110 Tiruchirappalli [1958: 'T.N.Act XXXVI


Kaiacruvaram and Mattwvasum
Serial Revconue
number. number. Name of village.
(1) (2) (3)

1 2 2 ~ Nerur North,
2 2 . 2 ~ Nerur South.
3 23 Achamapum,
4 25 Somur,
5 26 Koyampalli.

(5) ,Lalgudi taluk


1 2 Kariamanickam,
2 3 .
Kilianallur
3 4 Melpathu.
4 11 Ulundangudi.
5 14 Magachanallur,
6 18 Mela~eedevimangalam.
'I 19 Vengangudi.