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474
THE PUDUCHERRY SETTLEMENT ACT, 1970
(No. 28 of 1970)
________________________________________________________________________
ARRANGEMENT OF SECTIONS
SECTION
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Officers, their powers, duties and functions
3. Director and Settlement Officers.
4. Power to take evidence on oath, etc.
5. Power to enter upon land.
CHAPTER III
Settlement and assessment
6. Settlement and resettlement.
7. Determination of assessment.
8. Manner of making settlement or resettlement.
9. Term of settlement and reduction, suspension or remission of
assessment.
10. Registration of porambokes.
11. Liability for payment of assessment to Government.
12. Power to impose additional assessment or levy on trees.
475
CHAPTER IV
Land records
13. Settlement Register and Register of Rights.
14. Procedure for finalisation of the Register of Rights.
15. Publication of approved Register of Rights and revision of Settlement
Register.
16. Modification or inclusion in the approved Register of Rights.
17. Person acquiring by succession, etc., to furnish information.
18. Procedure on acquisition of right through documents registered.
19. Register of mutations.
20. Certified copies.
21. Appeal.
22. Revision.
CHAPTER V
Miscellaneous
23. Correction of mistakes in records.
24. Delegation of powers.
25. Bar of suits in Civil Courts.
26. Protection of action taken in good faith.
27. Power to make rules.
28. Amendment to Act 8 of 1967.
29. Certain assessments to continue.
30. Repeal and savings.
31. Power to remove difficulty.
_______
476
THE PUDUCHERRY SETTLEMENT ACT, 1970
(Act No. 28 of 1970)
28th Ocober, 1970.
AN ACT
to provide for the settlement of lands and assessment thereon in the Union
territory of Puducherry and for the preparation of land records and for matters
connected therewith or ancillary thereto.
BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first
Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act may be called the Puducherry Settlement Act, 1970.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such 1date as the Government may, by
notification, appoint and different dates may be appointed for different areas.
Definitions
2. In this Act, unless the context otherwise requires:-
(a) “assessment” means the land revenue assessment fixed under the
settlement made in accordance with the provisions of this Act;
(b) “Collector” means the chief officer in charge of the revenue
administration of the Union territory of Puducherry, and includes in relation to any
function to be performed by the Collector under this Act, such other officer not
below the rank of a gazetted officer as the Government may, by notification,
appoint for the purpose;
(c) “Commune” means a commune constituted under French Decree
dated 12th March, 1880;
(d) “Director” means the Director of Settlement appointed under
subsection (1) of section 3;
________________________________________________________________________
1. The Act came into force on the 11th day of January 1971, vide Notification —I in Gazette No.1 dated 5-1-1971.
477
(e) “fasli” means the year commencing with 1st July in any year and ending
with the 30th June of the year next following;
(f) “Government” means the Administrator appointed by the President
under article 239 of the Constitution;
(g) “holding” means a portion of land held by a person either singly or
jointly with one or more persons;
(h) “manyam land” means land registered as manyam land in the revenue
accounts in favour of any religious, charitable or educational institution or in the
name of any individual for rendering any specific service to any particular
community or villagers in common and for which land tax or land revenue, as the
case may be is levied under the law in force;
(i) “notification” means a notification issued by the Government or any
officer authorised by it in this behalf and published in the Official Gazette;
(j) “prescribed” means prescribed by rules framed under this Act;
(k) “registered holder” means a registered holder as defined under the
Puducherry Survey and Boundaries Act, 1967 (Act No. 8 of 1967);
*[(kk) “Secretary” means the Secretary to the Government of Puducherry in-
charge of the Department of Revenue and Disaster Management].
(1) “settlement” means the result of the operations conducted in a zone in
order to determine the land assessment;
(m) “Settlement Officer” means an officer appointed by the Government
under sub-section (2) of section 3 and includes an officer empowered under the Act
to perform the functions of a Settlement Officer;
(n) “Union territory” means the Union territory of Puducherry; and
(o) “zone” means a local area comprising one or more Communes or
portions thereof which in the opinion of the Settlement Officer are contiguous and
homogeneous in respect of soil characteristics, physical configuration, yield of
principal crops, rainfall and other irrigation facilities.
________________________________________________________________________
* Inserted vide Act No.5 of 2006 section 2, w.e.f 30.10.2006.
478
CHAPTER II
OFFICERS, THEIR POWERS, DUTIES AND FUNCTIONS
Director and Settlement Officers
3. (1) The Government may appoint a Director to carry out the settlement
operations and to perform the duties and discharge the functions assigned to him
by or under this Act.
(2) The Government may appoint one or more Settlement Officers to perform
the duties and discharge the functions assigned to them by or under this Act.
(3) Every Settlement Officer shall be subordinate to the Director who shall
have power to cancel or revise any of the orders, acts or proceedings of the
Settlement Officer.
Power to take evidence on oath, etc.
4. The Director and the Settlement Officer shall, for the purposes of this Act,
have the same powers as are vested in a Court under the Code of Civil Procedure,
1908 (5 of 1908) while trying a suit, in respect of the following matters, namely: -
(i) summoning and enforcing the attendance of any person and
examining him on oath;
(ii) requiring the discovery and production of document;
(iii) receiving evidence on affidavit;
(iv) issuing commissions for the examination of witnesses or for local
investigation;
and any proceeding before the Director or the Settlement Officer shall be deemed to
be a judicial proceeding within the meaning of sections 193 and 228 of the Indian
Penal Code (45 of 1860) and for the purposes of section 196, of the said Code.
479
Power to enter upon land
5. The Director, Settlement Officer or any of the subordinates of such officers
may enter upon any land with such other officers and persons as he considers
necessary and make a survey and take measurements thereof or do any other act
which he considers necessary for carrying out the purposes of this Act:
Provided that no person shall enter into any land, building or upon any
closed court or garden attached to a dwelling house unless with the consent of the
occupier thereof, without giving such occupier at least twenty- four hours notice
and in making such entry due regard shall be had to the special and religious
sentiments of the occupier.
CHAPTER III
SETTLEMENT AND ASSESSMENT
Settlement and resettlement
6. (1) The Government may, at any time, direct a settlement in respect of any
land for which survey operations have been taken up under the provisions of the
Puducherry Survey and Boundaries Act, 1967 (Act No. 8 of 1967).
(2) The Government may also direct at any time a fresh settlement
(hereinafter referred to as resettlement) of the assessment of such land:
Provided that no enhancement of assessment shall take effect before the
expiration of the settlement for the time being in force.
Determination of assessment
7. (1) The assessment on all lands in respect of which a settlement or
resettlement has been directed under section 6 shall be determined by dividing the
land to be settled into groups and sub-dividing each group into classes and fixing
the rates for each group or class, as the case may be.
(2) The groups and classes shall ordinarily be formed on a consideration of
the following factors, namely: -
(a) soil and physical configuration;
(b) yield of principal crops and their prices;
(c) facilities of irrigation and rainfall:
480
Provided that, if deemed necessary, the following additional factors may also
be taken into consideration for forming groups or classes, namely: --
(a) marketing facilities;
(b) agricultural resources;
(c) communications;
(d) population and supply of labour;
(e) wages and ordinary expenses for cultivation of principal crops; and
(f) sale value of lands used for agriculture.
(3) The assessment of individual survey numbers and sub-divisions shall be
based on the rates fixed for the respective groups and classes.
Manner of making settlement or resettlement
8. (1) In making a settlement or resettlement, the Settlement Officer shall—
(a) divide the lands to be settled into groups and classes; and
(b) fix the rates of assessment for each group or class.
(2) Before lands are divided or rates fixed under sub-section (1), the
Settlement Officer shall hold such enquiry as he considers necessary for the purpose
and in such manner as may be prescribed.
(3) In fixing the rates according to sub-section (1), regard shall be had to the
cost of agricultural land, to the profits of agriculture, consideration paid for leases,
sale prices of land and the principal moneys on mortgages, and in the case of non-
agricultural land to the value of the land for the purposes for which it is held.
(4) The settlement Officer shall submit to the Government through the
Director a report (hereinafter referred to as the Scheme Report) containing
proposals for settlement in respect of each zone.
(5) The Government shall, after considering the scheme Report and the
comments thereon, if any, of the Director, approve the Scheme Report with or
without modification.
481
(6) No Scheme Report approved by the Government under subsection (5),
shall be brought into force unless it has been laid before the Legislative Assembly of
Puducherry and has been approved by a resolution of that Assembly either with or
without modification, but upon such approval being given, the Scheme Report shall
be published in the Official Gazette in the form in which it has been so approved.
(7) The Government, while publishing the Scheme Report under
sub-section (6), shall also specify the fasli from which the settlement covered by the
Scheme Report shall be introduced by Settlement Officer.
Term of settlement and reduction, suspension or remission of
assessment
9. (1) A settlement introduced under section 8 shall remain in force for a
period of thirty years:
Provided that, when, in the opinion of the Government, a fresh settlement at
the expiration of thirty years is inexpedient or has for any cause been delayed, the
Government may extend the term of the settlement for the time being in force for
such period as it may think fit.
(2) Notwithstanding anything contained in sub-section (1), the Government
may, in accordance with general or special orders made in this behalf, grant
reduction, suspension or remission in whole or in part of the assessment in any area
in any year due to failure of crops, floods, or any other natural calamity or any
reason whatsoever.
Registration of porambokes
10. All lands at the disposal of the Government and all Government lands
which are in the possession and enjoyment of the Communes on the date of
commencement of this Act and which are used or which may be required for
communal, public or Government purposes shall be registered as porambokes
during the settlement:
Provided that such of the Government lands, as are at the disposal of the
Communes for remunerative purposes and assessed to land tax before the
commencement of this Act shall be registered in the holding of the respective
Communes on such terms and conditions as may be prescribed.
482
Liability for payment of assessment to Government
11. Every registered holder shall, for each fasli commencing from the fasli in
which settlement is introduced, be primarily liable to pay to the Government in
respect of all lands included in his holding, the assessment fixed under this Act:
Provided that the payment of assessment under this section shall not affect
any right or obligation of religious, charitable or educational institutions in respect
of manyam lands.
Power to impose additional assessment or levy on trees
12. Notwithstanding anything contained in this Act, the Government may, at
any time during the settlement for the time being in force,-
(a) impose additional assessment, not exceeding twice the amount of
highest wet rate of assessment in force, for additional advantages accruing to any
land on which wet crops are or may hereafter be raised, from water received on
account of execution of fresh irrigation works or improvements effected by the
Government in existing irrigation works completed after the introduction of the
settlement, or by intercepting surface rain water or water flowing to any recognised
source of irrigation;
(b) impose whatever additional assessment or ground rent on all sites of
buildings and the appurtenances thereto situated within the limits of Municipal
towns and other areas declared as towns by a notification and on all lands used for
non-agricultural purposes, whether built upon or not, similarly situated, at a
specified rate not exceeding Rs.62.50 P. per hectare for the purpose.
(c) impose a levy on all fruit bearing trees standing on porambokes, waste
and other lands at the disposal of the Government, at a rate not exceeding Rs.10 per
tree, such levy being payable to the Government by persons who enjoy the benefits
arising out of such trees.
483
CHAPTER IV
LAND RECORDS
Settlement Register and Register of Rights
13. (1) The Settlement Officer shall, for every village or for every such local
area as may be specified in this behalf by the Government by a notification,
prepare:--
(a) a Settlement Register; and
(b) a Register of Rights, showing the consolidation of all the lands in the
village or local area, holding-wise.
(2) The Settlement Register and the Register of Rights shall be prepared on
the basis of survey records in such language and in such form and manner as may
be prescribed and shall include the following particulars:
(i) survey number and subdivision of the land;
(ii) the extent of land and assessment due thereon;
(iii) the name of the registered holder;
(iv) the name of the tenant, if any, cultivating the land; and
(v) such other particulars as may be prescribed.
Procedure for finalisation of the Register of Rights
14. (1) As soon as may be after the completion of the preparation of the
Register of Rights for each village or local area, the Settlement Officer shall send to
every person whose name is entered in the said register an extract of the entries
relating to him and inform him of the date on or before which he should file his
objections, if any, with the officer specified in this behalf by the Settlement Officer
and such date shall also be published by notification and in such manner as may be
prescribed.
(2) Any person aggrieved by the entries in the Register of Rights either on the
ground that the entry in respect of particulars relating to him is incorrect or on the
ground that his name or other particulars relating to the land which has been let for
cultivation and in which he has interest either as registered holder or tenant have
been omitted to be included in the said Register may file his objections containing
such particulars as may be prescribed and shall be accompanied by the documents
relied on by the objector as evidence in support of his claim.
484
(3) On the expiry of the period allowed for filing objections, the Settlement
Officer shall:
(i) if no objection has been filed with him, finalise the Register of Rights
after making such enquiry as he deems fit in the village or local area concerned; or
(ii) if objections have been received by him, fix a date for enquiry and
enquire into the objections after giving sufficient notice to the objectors and other
persons interested and pass such order as he deems fit together with brief reasons
therefor, and finalise the Register of Rights after making alterations, if necessary, on
the basis of orders passed by him.
(4) The enquiry under sub-section (3) shall be conducted in such manner as
may be prescribed.
Publication of approved Register of Rights and revision of Settlement
Register
15. (1) As soon as may be after the finalisation of the Register of Rights, the
Settlement Officer shall publish it in the manner prescribed and the Register so
published shall be called the approved Register of Rights.
(2) The Settlement Officer shall revise the Settlement Register on the basis of
the approved Register of Rights.
(3) The extract of the relevant entries of the approved Register of Rights, duly
certified by the prescribed authority, shall be admissible in evidence before any
court or tribunal.
Modification or inclusion in the approved Register of Rights
16. (1) Where any person claims that in respect of any land already included
in the approved Register of Rights any modification is required in respect of the
entries in the said register, either by reason of death of any person or by reason of
transfer of interest or by reason of any other subsequent change in the holding, he
shall apply to such officer as may be specified in this behall by the Collector, for
modification of the relevant entries in the approved Register of Rights.
(2) An application under sub-section (1) shall contain such particulars as may
be prescribed and shall be accompanied by documents relied on by the applicant as
evidence in support of his claim.
(3) The officer specified under sub-section (1) shall, after following such
procedure as may be prescribed and after giving the person or person interested in
the land to which the particular entry relates an opportunity of being heard, pass
485
such orders as he deems fit, either rejecting or allowing the claims made in the
application and in the event of the claim being allowed the Register of Rights shall
be modified accordingly.
(4) Every order passed under sub-section (3) shall contain brief reasons
therefor.
Person acquiring by succession etc., to furnish information
17. (1) Any person acquiring by succession, survivorship inheritance,
partition, purchase, gift, mortgage, lease or otherwise any right in a land or where
such person acquiring the right is a minor or otherwise disqualified, his guardian or
other person having charge of his property shall report in writing his acquisition of
such right to such officer as may be specified in this behalf by the Collector, within
three months from the date of such acquisition and the said officer shall at once give
a written acknowledgement of the receipt of the report to the person making it:
Provided that any person acquiring the right by virtue of a registered
document shall be exempted from the obligation to report to the said officer.
(2) Any person who fails to make a report as required by sub-section (1) shall
be liable to pay such penalty not exceeding twenty-five rupees as may be fixed by
the Collector and the amount payable as penalty shall be recoverable as an arrear of
land revenue:
Provided that no penalty shall be imposed under this sub-section without
giving to the person concerned a reasonable opportunity of being heard.
Procedure on acquisition of right through documents registered
18. No document by virtue of which any person acquires a right in any land
as registered holder, occupant, owner, mortgagee, lessee or tenant or assignee, of
the rent or revenue thereunder shall be registered under the Indian Registration
Act, 1908 (12 of 1908), unless the person liable to pay the registration fees also pays
to the Registering authority such fees as may be prescribed for making the
necessary entries in the approved Register of Rights and other connected registers
and on the registration of such document the registering authority shall make a
report of the acquisition of the right to the officer specified by the Collector under
sub-section (1) of section 17 in the manner prescribed.
Register of Mutations
19. (1) There shall be maintained for every village a Register of mutations in
such form as may be prescribed.
486
(2) On receipt of a report under sub-section (1) of section 17 or under
section 18, the officer specified by the Collector under sub-section (1) of section 17
shall correct the entries in the approved Register of Rights after making such
enquiries as are necessary, and after hearing objections, if any. Any such correction
made shall be communicated by the said officer to all persons who from the
Register of Rights or the Register of Mutations appear to be interested in the
mutation and to any other person whom the said officer has reason to believe to be
interested therein.
(3) The entries effected in the approved Register of Rights in accordance
with sub-section (2) shall be tested and certified by such officer as may be specified
by the Collector in this behalf.
Certified copies
20. Certified copies of extracts or entries in the approved Register of Rights
and the Settlement Register may be granted to any person interested therein by
such officer and on payment of such fees as may be prescribed.
Appeal
21. (1) Any person aggrieved by any order made under this Act may appeal,
(i) if such order is made under clause (ii) of sub-section (3) of section 14, to
the Director; and
(ii) if such order is made under sub-section (3) of section 16 or in the case
of a correction made under sub-section (2) of section 19, to the Collector.
(2) Every appeal under sub-section (1) shall be preferred within thirty
days of the date of receipt of order appealed against and the Director or the
Collector, as the case may be, after giving the parties concerned an opportunity of
being heard, pass such order as he deems fit.
(3) Every order, made by the Director or the Collector shall, subject to
section 22, be final.
Revision
22. *[The Secretary may, of his own motion or on the application of any
person affected, call for and examine the record of the appellate authority in respect
of any proceedings under section 21 and pass such order as he may deem fit:
487
Provided that the Secretary shall not pass any order prejudicial to any person
unless he has been given a reasonable opportunity of being heard].
[**]
CHAPTER V
MISCELLANEOUS
Correction of mistakes in records
23. (1) The Director or the Settlement Officer may either of his own motion or
on the application of any person:-
(a) if he is satisfied that a bona fide mistake has been made in regard to
any decision or proceedings under this Act, make or cause to be made the necessary
correction thereon;
(b) at any time correct or cause to be corrected any clerical or arithmetical
mistake in any such decision or proceeding.
(2) The Collector may, at any time during the currency of the settlement,
correct any error in the area or assessment of any Survey number or sub-division
due to a mistake of survey or arithmetical miscalculation:
Provided that no arrears of land revenue accruing to the Government or
refund thereof to the registered holder shall become payable by reason of such
correction.
Delegation of powers
24. The Government may, by notification, direct that any power or function
exercisable by the Settlement Officer under this Act or the rules made thereunder
shall, in relation to such matters and subject to such conditions as may be specified
in such notification, be exercisable also by such other officer as may be specified in
such notification.
________________________________________________________________________
* Substituted vide Act No.5 of 2006, section 3, w.e.f 30.10.2006.
** Section 4 of Act No. 5 of 2006 reads as follows:-
Transitory provisions:-
“4. Notwithstanding anything contained in section 22 of the principal Act, any revision preferred thereunder and
pending at the commencement of this Act, shall after such commencement, be transferred to and disposed of by the officer or
authority who has jurisdiction to entertain such revision, as if it had been in force on the date on which such revision was
preferred.”
488
Bar of suits in Civil Courts
25. (1) No suit shall lie in any civil court to set aside or modify any
assessment made under this Act.
(2) Except as otherwise provided in this Act, the decision of any authority or
officer under this Act shall be final and no civil court shall have jurisdiction to
decide or deal with any question which by or under this Act is required to be
decided or dealt with by the authorities or officers under this Act.
Protection of action taken in good faith
26. No suit, prosecution or other legal proceedings shall lie against the
Government, the Director, the Settlement Officer, or any other officer empowered
by or under this Act for anything which is, in good faith done or intended to be
done in pursuance of this Act or any rule or order made thereunder.
Power to make rules
27. (1) The Government may make rules to carry out 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 manner of holding enquiry under sub-section (2) of section 8.
(b) the terms and conditions subject to which the lands in the holding of the
communes shall be registered under section 10;
(c) the language, form and the manner in which the records shall be prepared
and such other particulars which the record shall contain under sub-section (2) of
section 13;
(d) the manner in which the notification under sub-section (1) of section 14
shall be published;
(e) the particulars to be given while filing the objections under sub-section (2)
of section 14;
(f) the manner of conducting enquiry under sub-section (4) of section 14;
489
(g) the manner in which the Register of Rights shall be published
under sub-section (1) of section 15;
(h) the particulars to be given in an application under subsection (2) of
section 16;
(i) the procedure to be followed by the officer under subsection (3) of
section 16;
(j) the fees to be paid for making entries in the approved Register of
Rights and the manner in which the report shall be made by the registering
authority under section 18.
(k) the form of the Register of Mutations under sub-section (1) of
section 19.
(1) the officer by whom and the fees on payment of which certified
copies may be granted under section 20; and
(m) any other matter which under this Act is to be, or may be,
prescribed.
(3) All rules made under this Act, shall, as soon as may be after they are
made, be laid before the Legislative Assembly of Puducherry while it is in session for
a total period of fourteen days which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the session in which it is so
laid, or the sessions aforesaid, the Legislative Assembly makes any modification in
the rule or decides 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 rule.
Amendment to Act 8 of 1967
28. In the Puducherry Survey and Boundaries Act, 1967(Act 8 of 1967),
Chapter III (sections 15 to 23 both inclusive) shall be deleted.
Certain assessments to continue
29. Notwithstanding anything contained in this Act all assessment rates in
force at the commencement of this Act shall be deemed to have been determined
and introduced in accordance with the provisions of this Act and shall remain in
force until the introduction of assessment rates under this Act and such rates may
be introduced at any time after the commencement of this Act.
490
Repeal and savings
30. (1) As from the date of commencement of this Act, all laws in force in the
Union territory including the Deliberations dated 13th November, 1910 and 11th
December, 1912, the Decree dated 27th June, 1912 and the Arrete dated 21st
January, 1910, in so far as they make provisions for matters concerned by this Act,
shall stand repealed.
(2) The repeal by sub-section (1) shall not affect:-
(a) the previous operation of any such law or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under any such law; or
(c) any fine, penalty, forfeiture or punishment incurred in respect of any
offence committed against any such law; or
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as
aforesaid;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such fine, penalty, forfeiture or punishment may be
imposed as if this section had not been in force.
(3) Subject to the provisions of sub-section (2), anything done or any action
taken, including any appointment made, notification, order, instruction or direction
issued or any rule or form framed under any such law shall be deemed to have
been done or taken under this Act and shall continue to have effect accordingly,
unless and until superseded by anything done or any action taken under this Act.
Power to remove difficulty
31. If any difficulty arises in giving effect to the provisions of the Act, the
Government may, by general or special order, do anything not inconsistent with
such provisions which appear to the Government to be necessary for the purpose of
removing the difficulty:
Provided that no such order shall be made under the section after the
expiration of two years from the publication of this Act in the Official Gazette.
_______
491
STATEMENT OF OBJECTS AND REASONS FOR ACT 28 OF 1970
A system of Land Tax, Land Records and classification operations of land are
governed in this Union territory by the following Deliberations and Arrete:-
Deliberations dated 9th December, 1909 relevant to the Survey of Puducherry.
Deliberations dated 13th November 1910 relevant to the Land Tax in the
Puducherry Settlements.
Decree dated 27-6-1912 approving these Deliberations up to 31-12-1913.
Arrete dated 21-1-1910 on the Survey classification operation of land, and
finally adopted the provisions of substance of the Deliberations dated 11-
12-1912.
According to the substance and provisions of the Deliberations referred to,
the land tax was being fixed once in ten years by a Commission set up for this
purpose. Reclassification operations under the French law are already overdue. The
working group of Land Reforms had also considered it necessary to have a
classification of soil and the rate of assessment fixed.
The Survey of Puducherry has been undertaken under the provisions of the
Puducherry Survey and Boundaries Act, 1967 (8 of 1967). Revenue follow-up is
essential and consequently Settlement operations ensue. The existing Land Records
maintained do not reflect the actual state of agricultural structure and other
economic conditions since there had been no fixity of tenures and no regular agency
to make the records up-to-date.
At the instance of the Government of India a chapter comprising of sections
15 to 23 on Land Records was adopted in the Puducherry Survey and Boundaries
Act, 1967. The provisions of the third chapter followed the pattern of the Tripura
State, and they are now found to be not suitable to this Union territory, where the
tenure and custom is different from that of the Tripura State. This chapter, is now
sought to be deleted and appropriate provisions for the preparation of Land
Records are sought to be made in this Bill. In order to introduced a uniform system
of Revenue Administration on the lines obtainable in the surrounding areas of
Tamil Nadu, Kerala and Andhra Pradesh, and to have a classified records with up-
to-date details and,
492
basic date of all agricultural lands, etc., which are an essential prerequisite for
implementing the various plan outlays and reformatory measures in accordance
with the avowed policy of the Government of India in this regard, preparation of a
settled account at the village level based on the survey records prepared under Act
8 of 1967 is found absolutely necessary.
The present Bill gives effect to the above proposals.
_______
STATEMENT OF OBJECTS AND REASONS FOR ACT 5 OF 2006
By virtue of section 22 of the Puducherry Settlement Act, 1970, the
Government exercises the revisional authority of its own motion or on the
application of any person affected by the Orders of the Appellate Authority in
respect of any proceedings under section 21 of the Act, Now, it is proposed to
confer this revisional powers to the Secretary to the Government of Pondicherry
(Revenue and Disaster Management) and to provide for amendments accordingly
to section 2 and 22 of the Act. It is also proposed to provide for consequential
transitory provisions.
The Bill seeks to achieve the above objects.
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About this act
- Jurisdiction
- puducherry
- Enactment date
- 1970-10-28
- Sections available
- Document reader
India Code, Government of India. Text fetched 14 Oct 2026. Source metadata reports last modification: 2019-02-06. Check the linked official text and subsequent notifications when applying a provision.