REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 21]

NEW DELHI, TUESDAY, JUNE 7, I966/JYAISTHA 17, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 1th June, 1966/Jyaistha 17, 1888 (Saka)

The following President's Act is published for general infor-

mation:—

THE PATTAZHI DEVASWOM LANDS (VESTING AND

ENFRANCHISEMENT) AMENDMENT ACT, 1966

No. 5 OF 1966

Enacted by the President in the Seventeenth Year of the

Republic of India.

An Act to amend the Pattazhi Devaswom Lands (Vesting and

Enfranchisement Act I961.

12 of 1965.

In exercise of the powers conferred by section 3 of the Kerala

State Legislature (Delegation of Powers) Act, 1965, the President is

pleased to enact as follows: —

1. This Act may be called the Pattazhi Devaswom Lands (Vesting short title,

and Enfranchisement) Amendment Act, 1966.

(211)

212

THE GAZETTE OF INDIA EXTRAORDINARY

[PABT II

Amendment

of

section

3-

2. In section 3 of the Pattazhi Devaswom Lands (Vesting and

Enfranchisement) Act, 1961 (hereinafter referred to as the principal

Act), for clauses (c) and (g), the following clauses shall respectively

be substituted and be deemed always to have been substituted,

namely: —

'(c) "holding" means any land (including any land entered

as "tharissu" in the revenue records) owned by the Temple and

held by a tenant;

(g) "tharissu" means any land entered as "tharissu" in the

revenue records and owned by the Temple but does not include

any such land held by a tenant.

Kerala Act

21 of 1964.

Amendment

of

section

7-

3. In section 7 of the principal Act, for the proviso to sub-section

(3), the following proviso shall be substituted, namely: —

"Provided that no interest shall be charged on such amount

if it is paid in a lump sum within thirty days extent following the

date of receipt by the tenant of the order of the officer appointed

or authorised under sub-section (2) of section 9, settling the

amount.".

"Tharissu"

held by

tenants

deemed not

to have

voted in

the Govern-

ment.

4. For the removal of doubts, it is hereby declared that no land

registered as "tharissu" in the revenue records and held by a tenant

immediately before the commencement of the principal Act shall be

deemed after such commencement to have vested in the Government,

S. RADHAKRISHNAN,

President.

S. P. 9EN-VARMA,

Secy, to the Govt, of India.

3EC 1]

THE GAZETTE OF INDIA EXTRAORDINARY

213

Reasons for the enactment

The Pattazhi Devaswom Lands (Vesting and Enfranchisement)

Act, 1961, provides that the tenants of a Temple shall have full

proprietary rights in the lands comprised in their respective holdings,

subject to payment of compensation and for the vesting of all

'tharissu' (i.e. waste lands of the Temple) in the Government. It has

come to the notice of the Kerala Government that some lands entered

as 'tharissu' in the revenue records and owned by the Temple are

comprised in the holdings of the tenants. As the intention was to

vest in the Government only such 'tharissu' lands as were not

comprised in the holdings of the tenants, it has become necessary

to provide that the land entered as 'tharissu' in the revenue records

and owned by the Temple which is held by a tenant, will form part

of his holdings.

2. The proviso to sub-section (3) of section 7 enacts that no interest

shall be charged under the Act if such amount is paid by the tenants in

a lump sum within a period of one year from the commencement of

the Act. As the amount of compensation to be paid by them could

not be settled within the aforesaid period, the tenants could not avail

themselves of this concession. It is considered desirable to provide

that no interest shall be charged on the amount of compensation if

the same is paid in a lump sum within thirty days from the date of

, service on the tenants of the order settling the amount of

compensation.

3. The amending Act is intended to achieve the above objects.

4. The Committee constituted under the proviso to sub-section (2)

of section 3 of the Kerala State Legislature (Delegation of Powers)

Act, 1965 (12 of 1965), has approved the enactment of this measure

as a President's Act.

G. R. KAMAT,

Secy, to the Govt, of India,

Planning Commission.

PRINTED IN INDIA BY THE GENERAL MANAGER,

GOVERNMENT OF INDIA

PRESS,

MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

DELHI, 1966.