The Tamil Nadu Revenue Enquiries Act, 1893 (1893tn5)
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, is a State law that applies across Tamil Nadu and is meant to help enquiries into revenue administration and the conduct of public servants. It allows the Government to authorise an officer to summon people, call for documents or things, and examine witnesses during such enquiries. Statements taken in the absence of the public servant whose conduct is being examined cannot be used as evidence against that public servant in a judicial proceeding.
What this law is for
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, is a law made to facilitate enquiries into matters connected with the administration of the revenue and into the conduct of public servants. The text says it extends to the whole of the State of Tamil Nadu.
What powers it gives
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, allows the Government to invest an officer deputed by it to make an enquiry with certain powers.
Key powers include:
- summoning any person to appear before the enquiry officer,
- requiring any person to produce any document or thing in that person's possession or under that person's control, if the officer considers it necessary for the enquiry,
- examining orally any person supposed to be acquainted with the matter under enquiry or any relevant fact,
- reducing into writing any statement made by the person examined.
Who may be affected
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, mainly affects public servants whose conduct is under enquiry, and any person who may have information, documents or things relevant to a revenue enquiry.
This can matter to a land owner, buyer or professional if a revenue matter is being examined and an authorised officer asks for attendance, information, records or other material connected with that enquiry.
Duties of witnesses and limits
A person examined under the Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, is bound to answer truly all questions relating to the matter under enquiry. But the law also gives a limit.
A person does not have to answer questions if the answer would tend to expose that person to:
- a criminal charge,
- a penalty,
- a forfeiture.
Protection regarding statements
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, says that a statement taken in the absence of the public servant whose conduct is under enquiry cannot be used as evidence against that public servant in any judicial proceeding.
Link to revenue summons law
The Tamil Nadu Revenue Enquiries Act, 1893, Act 5 of 1893, also says that the provisions of sections 2, 3, 4 and 6 of Tamil Nadu Act III of 1869 apply, with necessary changes, to summonses issued under this Act.
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Common questions
Does this law apply throughout Tamil Nadu?
Yes. The text says the Act extends to the whole of the State of Tamil Nadu.
Can an enquiry officer ask me to appear or produce land records or other documents?
Yes, if the Government has invested that officer with power under this Act. The officer may summon a person to appear and may require production of any document or thing in that person's possession or control if the officer considers it necessary for the enquiry.
If I am questioned in such an enquiry, do I have to answer everything?
You are bound to answer truly all questions relating to the matter under enquiry, except questions whose answers would tend to expose you to a criminal charge, a penalty or a forfeiture.
Can a statement recorded without the public servant being present later be used against that public servant in court?
No. The Act says a statement taken in the absence of the public servant whose conduct is under enquiry shall not be used as evidence against that public servant in any judicial proceeding.
