DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956

Act 24 of 1956

Keyword(s): Added Territories, Cultivating Tenant, Fair Rent, Garden Land, Landowner, Normal Gross Produce in Respect of any Land, Rent Court Amendments appended: 7 of 1980, 17 of 1980

-

1956 : T.N. Act X X N ] Cultivating Xenants 617 - (Pq~naenf of FaB Kent) .

$

'FAMIL NADV ACT No. *r XXIV OF 1956"

[THE . [TAMIL WADU! CULTI~~ATINO TENANTS (L-AYMENT OF FAIR R~NT) ACT, 1956.1

@ {Received the assent 01 the President on the.29rh October, 1956; first published in the Fort S t George Gazette on the 31st October 1956.)

1. These words were substituted for the word "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by *he Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

u

This Act was extended to the 'added territories by section 5 of the Tamil Nactu Culrivating Tenan!s Pro'ection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of l963), repealing the corresponding law in force in those

I

Not wit hst auding anyt hiug contained in this Act the provisions of this Ad sl~all appiy to any mottuvaramdar under a landowner,

: . who more than ten aores.of wet land and such a w#I&(I~~w&~ shall be deemed to be a cultivating tenant .wlthm,the meanidg of this ~ c t by virtue of section 7 (a) of the T~ruchuappllr Kaiacmvatam and Mattuvaram Act, 1958 (Tamil Nadu Act XXXVI of 1958). -1 I a

618 Cultivii ling Tetlants [1%6 ; T.N. Act XXIV (Prryment of Fair Rent) .

I

. a

An Act to provide for the payment of Fair Rent by CuIH- *, v a ting Tenants in certain arms in the '[Stak of Tamil Nadg]. ,

.I _ . t . ,

WHEW it is expedient to provide for the payment of fair rent by cultivating tenants in certain areas in* the '

'[State of Tamil Nadu] . "OI

Ba it enactetl in the Seventh Year of the Republic of India as follows :--

shoit extent tit's and 1. (1) This Act may be called the zvarnil Nad Culti- commrre vating Tenants (Payment of Fair Rent) Act, 19 6.

ment , S

(2) It extend to the whole of the I[ State of Tamil ,. ' Nadu] other than the araas to which the Malaba~ Tenancy

. -3 -, . CS .- -. ( .. I' . Act,' 1929 (?mil Nadu] Act XIV of 1930), extends, 8 '

c , . I 2

" - s l*, r +s . <

. . (3) It shall bo deemed to have come into form on d 3 ,*

.I , : a . the 1st day of October 1956. . .

.* a[Provided that in tha Shencottah tsluk of the Tim nelvdi district,it shall come into force on the 2nd Mar& 1960.1

4[Provided further that in the added territories, it shallacome into force on the datc on which the ep'amil Nadu] Cultivating Tenants Protection ind Papent of Fair Renr (Extension to Added Territories) Act, 1963 is first published in the Fort *St . George Gazette.]

--- ..- . / . 1 This expressiol~ wls subst it uted for the expression "Stare d

Madras:' by the Tslmii Nadu Adapt at ion of Laws Order, 1969, as amended by the Tamil Nadu Adapt at icm of Laws (Second Am&- mat) Order, 1969.

9 These words were rubstituted for the word "Madras" by t b Tamd Nadu Adaptation of Laws Order, 1969, as amnded by the TamilNadu ~daptation af L w s (Second Amendment) Order, 1969.

8This provis~ was added by section 3(i) of the Tamil Nadu Culti- vat ing Tenants Pratect ion a i d Payment of Fair Kellt (Anxndment j Acts 1961 (Tamil Nadu Act 32 of 1961 1, whiih war doem& to have come irJo force Jn r he :r,*l March 1959,

4 W pr~viw w s ddiifi j y ~ i i ~ a l ( i 1 d r h e Tarnil Xa& CUlti- vat- T w a t s PrL~reclion and Pagrnznr of Fair Rcnt (ExtensiOa to Added Territories) Act. 1953 (Tamil Nab Act 33 of 1963).

*Now $he Tarnil Nadu Gover~metzi Gazefte,

%! '7 -. - - - -

r - ir .

,.* , ; - ;*

1956 : T.N. Akt X X N j Cultivating T&~S (Payment of Fair Rent) .

* J , a .

. + 'provided also that in the Kdnyakumari district, it shall come into force o n the date o n which the 2[Tamil '

Nadu] Cultivating TenantsProte~tic~n and Payment 'gf * ~ g i r : Rent @xtension to 'Kanyakumari District) Ad, 1972,.is f i ~ ~ t published in the Tamil N& Goverjqmmt

*' . ' t

In. t his Act, unless the context of her

.. . "(a) 'added territories' means the territories speci- fied in the Second Schedule to the Andhra Pradesh and;

d h4adras Alteration of Boundaries) Act, 1959 (Central - Act 56 o 195911 ;

3[(aa) J "agricultural year" means the year comment- , ing on the 1st day of April, or, in respect of the whole

or any part cpf any district in such other date as the Collector of the district may specify in that behalf by. notification in the District Gazette ;

'[(b) 'cultivating tenant '- + (i) means a person who contribxites his owa . -

physical labour or that of any member of his family in the cultivation of any land belonging to another, under a tenancy agreement, express or implied ; and

1

(5) includes- (a) any such person who continues in pobb:-ion -

of the land after tho determination of the tenancy agreg

(b) the h e i ~ of such person, if the heir contributes his: own physical labour or that of any n~omber of his family in the cultivation of such land ; - - --- -- -- - . - - -- -

iThis proviso was added by sect ion 3(i) oft he Tamil Nadu ~ u i t i - vating Tenants Protection and Payment of Fair Rent (Extension to Kanysikdmari District) Act, 1972 (Tamil Nadu Act 4 of 1976.)

8,These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by - I -: . the Tamil Nadu Adttptaticn of Laws (Second Amendment) Order,. . I

' I "

aclause (a) of sub-section (1) of section 2 was re-lettered as clause, ba) oft hat sub-sect ion and this clause was inserted by sect ion . . r I

4(ii) the Tamil Nadu Cultivating Ten:inls Prolec i011 and Payment of Fair Rent (Extension to Added Territcries) Act, 1963 (Tamil Nadu Act 33 of 1963)."

4 ~ h i ~ clause was substituted for the original clause (b) by section 3 the Tamil N ~ d u Cultivating Tenants Protect ion and Payment of Fair Rent (Amendment) Act , 1969 (Tamil Nadu Ac t 9 of 1969.)

620 Cultivating Tenants (Payment of [1956: T.N*Aet XXIV *

Fair Rent)

(c) a sub-tenant if he contributes his own phydd labour or that of any member of his fanGly in the culti- ;'

vation of such land; or: (d) any such sub-tenant who coathues in pas&- -

ssion of the land notwitY1standiag that the person who - sublet the land tocuch sub-tenant ceases to liave the ribit . , . -. to possession of such laad; but

3 . a ? , _ . ., .- . (iii) does not include a mere intermedia~y .or

his heir ;] (c) "fair rent" means the rent payable unde~ this

Act ; (d) "garden land" means dry land irrigated by

lifting water from wells OP other sources ; (e) "Government" meaua the St ate Government ; (f) "la.ndowne2" means the ow7,er of the land let

for cultivation by a cultivating tenmt and indudes the heirs, assignees, legal representatives of such owneE, or person derivind rights througi~ iu l~ l ; -

(g) "normal gross ~ T O ~ U L Q in respect of any laud" means t h ~ produce which would be obtained, if - the rainfall and the seasons were of a normal character, from lands of the same class 3s the land in question, similarly situai;ed and possesrring similar advantages ;

(h) "paid" include "delivered" ; (1) "Rent Court" and "Rent Tribunal'? meane in

relation to any alea the Rent Coufi and the Rent Tribunal respectively constituted under this Act for such Area. *

I

(2) If any qilertion arises whether any land is wet, or dry or garden land, the question shall be decided on the actual facts on the date with reference tn which the q e tion arises.

R* ts and 3. (1) With a?wl from t h ~ 1st J;ly of' Ozcober 19% lie*- every cultivating rerrant shall be bound to pay to the I&.

-tin owner and ovoy landowner shall be antitled to collwt f teaant an from the cultivntiug tenant fair rent payable under landowner. J- + :

Provided that the provigiuns in respect of fair rent shall apply also in ramt of crops which are n o r m a due for harvest drrring the month of September i~ the ym 1956,

*. 19%: TS. Act C:.Xra@ TCYJ t.s (Pojmnt 621 I

of'Fa3 Rent)

'[Explanation I.-In relation to the Shenwttah taluk of the Tirunelveli district, the expressions, '1st . day of October 1956', and 'month of Sep:er,lber in the year t956' occurcing in this , sub-section shall be cotlstrued respectively as referring to '2nd Mareh 1960' and 'months ~f January and February in the year 1960'1.

0

3 Explartathfiz &-In relati on to the added tern- tories,---

(i) the expression '1st day of 0ctober 1956 occurring in t l ~ i n sub-ssction except in Explanation 1 shall be construed as referring to 'd;~te on which the 3[Tarnil Nadu] Cultivating Tenants Protection and Pay- ment of Fair Rent (Extension to Added Territories) Act, 1963, is first published in the Fort St. George Gazette*; and

(ii) the proviso to this sub-sect'on s11all be deemed to a have becn omitted.]

4[ExpIaaation 111.-In relation to the an yak&iar. district,--

(i) the expression 'first day of Octobet 1956' occur- ring in this sub-section 1-.xcept in E.xplanations I and I1 shall be construed as referring to 'date on which- the a[Tamil Nadu] CC tivating Tenants Protection and Pay- ment of Fair rent (Extension to Kanyakurnari District) Act, 1972 is first published in the Tamil Nadu Government ~ a z e t te' ; a nd

, - -- --- - -- .. -- lThis Explanat ion which was a-tdel by ~ ( : ~ t i ~n 3(ii)(a) of .tl!e

Tamil Nadu Cultivating Tenants Protect ion c nd Pcymer,t of Ealr Reat (Amendment) Act, 1961 (Tamil Nadu Act 32 of 1961), with . effect on and from the 2nd March 1960, was numbered as Expla- nation I thereof by section 4(iii)(a) cf the Tamil Nadu Cultivating Teuants Protection and Paymmt of Fair Rent (Extension to. Added r Territories) Act, 1963 (Tamil Nadu Act 53 of, 1963). . . . "

-his Explanat ion was added by sect ion 4(iii)(a) of the $ad1 Nadu Cultivating Tenants Protection and Payment of Fair Rent Extension to Addlx? Territories) Act, 1963 (Tamil Nadu Act 33 of

1983). aThese wJrd,g w:re substituted f ~ r the w ~ r d "Madras?' by the ,

Tamil Nadu Adaptation of Laws Order, 1969, as amended by theTamil Nadu Adaptat ion of Laws (%cond Amendment) Order, -

1969 4This Explanat icn was added by sect ion 3 ($(a) oft he Tamil hadu

Cultivating Tenants Protect ion and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1372 (Tamil Nadu Act 4 of 1976)

- * ~aju the Tamil Nadu Government Gater'te.

622 Cultivating Tenants . [I956 : T.N.Act.XMv , . . - +

(Payment of Fair Rent) -. ' >$

?

(ii) the praviso to this sub-section shall be deemed to have been onlittc3d.l

(2) Where the irrigation of any lmd is irregular . the land ownet rn.q at his option either take his share of the produce sad bear the excess watel -c%s in respect of

. . the irregular iregation proportionate to his share or take the share of the produce which would have been obtained but fix tkc i:r*:g?ar jrrjgrltion in which a s e I he entire excess water-cess shall be borne by the

1 cultivating tenant.

(3) Notwithstanding any ncglcct c1r fiiilurc: o l ~ tho part of the cultivating tenant to raise y ciop, t h ~ land- owner shall b,? entitled to collect fair reat,

(4) Subjcct to the proviho to sub-section (2) of section. 4 all the cult ivation expences inclusive of ms of seed, ploughjag, manuring, harvesting and threshing shall be borne by the cultivatiag tenant.

*

(5) The landowner shall be responsible for the pay- ment of all dues payable ro tho Goveroinent and l a d authorities i I respect of the land subject to his right to recover from the cultivating tenant the public cha:g- which ate expressly madc payable by the cultivating tenant by tbis Act.

(6) 1 he landowner shall bear all capital expenditure necessary to rnaintaiil the laad and wells in a state of propel . -air.

I (7) Subject to the proviuions of the l[Tamil N&]

Cultivating Tenants Protection Act, 1955 (Tamil Xadu Act XXV of 1955) no laadowner sl~ali~ after the:cornmcncemant of this Act, claim or stipulate for- -

(i) payment of any amount by the cultivating tenant in excess of the fair rent or in excess of the public charges which are expressly made payable by the cultivating tenant by this Act ; . -. - -- --'--C"--lu*--r.

&These words were substituted for thc word :%Madras " by the ~ - 1 Nadu Adaptation of Laws Order, 1969,, as arnmdec! by the Tamil Nadu Adaptation of Laws Gkcond rlmendment) order, 1969.

-

.-1C - - - - .

4 9 b :. :T ' N. Act. Xi51 V J Cu( ti vat ing Terunts _ _ --m - - - .? - ' D 4-

,.- -;'&vf nf Far ierf)

-\:

E- I.--Xothi~Q cuntaineg in this section shall affect the right of the landowner to clpim from the cultf- -

' vating tenant compensation for damages to the land OF ~nythingthatst~odonthelandatthetirneoflease. ..

,- . I > 3 t . .>.A *

- &. i k*s;-t m+~t II.-were a e v a t i o g ten& pays s . . a& rent lower than the faiv rent payable under this: ' Act clause. (5) of sub-section 0, shall not apply. , I I - .

< I . i: , : e . . . ..:; -<; .'

l[~x~lanntiort III.-III relation to the Shencottah talukA''': of tha Tirunelveli district, the expression 'commencement of this ~ c t ' occurring in this sub-section shall be C O & ~ & a d ' . ? L

as referring> to '2nd March 1960.'] - ' ,. , % I . i , ? :

i[~&anation IV.-In relation to the a& led terdt&fks,;;,',' the "expteaeion 'commencement . of this Act1 . occwj&g id

'

this sub-section except in Explanation I11 shall be coiisfr-&"! ' as referring to 'date'on which the "Tamil Nadu] Cultivating Ternfit8 Protection and Payment of 'Fair Rent (Extension to Added Territories) Act, 1963; is first published j& the.'.,' *Fort; St. b o r g e G'azette.'] + I %

- 2 . . '. ' . .: . , I . > . ? $ 2 . ;

r[~xpl&tion V.-in relation to the Kanyakumdaf district,the expression 'commencement of this Act' occurring in tbj$ sub-section except in Expla~zutions III and IV shall .,'

---A- --- 1This Explanat ion was added by sect ion 3 fii) (b) oft he Tamil

Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act., 1961 uamil Nadu Act 32 of 1961 , which was deemed to have come into force o i ~ the 2nd March 19 6' 0.

v h i s Explanation was adaed by section 4(iri) (b) of the 'I'ami] wadu Cultivatiq Tanants Protection a i d Payment of Fair Rent (Bxtcnsion to A ded Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).

d II These words were substituted for the. word "Madras" by the

Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu .Adaptation of Laws (Second Alnendment) Order, 1969.

4 This Explanat ion was added by sect icn 3 (ii) (b) of the Tarnil Nadu ; Cult ivat in$ Tenants Protection and Payment of Fair Rent (Exten& t o Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976). . .

* Now the ~ i r n l l ~ a d u Government Gazette.

c:ulrlvairng fenants LlY3b; B'.!Y.ACtXJUV (PuJ/inent of Fair Kent )

! I . be construed as referring to 'date oo which the 1[Tamil

Naw Cultiv ~tiag Tenants Protection and Payment of Fair Rent (Extension to Kanyskumari District) Act, 19'72, is first pub!ished in tha Tamil iYad~i Government Gazetee .'I

J (9) Any landowner, the rent receivable by whom from .

any cultivating tenant in respect of m y land suffers s 0

reduction as a result of the pro7isions of this Act shall, if is himself a tenant in respect of that land under an-

other person, be entitled to surrcndor the leas of that land as from a date specified by him by notice given to his landlord.

(10) A landowner may advance to his cultivati& tenant who is not a member of any co-operative society for better farming such loan as may be neceaary for manuring his land. The loan so advanced shalt be a first charge on the share of the produce to which the cultiva- ting teoznt is entitl~d unde~ thia Act.

(1 1) Not withstanding anything contained in sub-see- tions (4) 3nd (lo), the landowne~ xnay with the consent of the tenant in the case of any wet land or garden land attend to the manuring ~f the land by chenlica1.mifnures and oil cakes up to a sum equivalent to ten per cent of tha normal gross produce and recover the same from the cuIti- vating tenant. The amount payable by the cultivating tenant under this sub-section shall be in addition to tfie fair rent payable under this Act.+

t -

what .4. (1) Subject to the provisions of sub-section (2), fair , fair mnt. mt shall be- . **

9 s

, 1) ., 3 i

(i) in the case of wet land, 40 per cent of the' normal gross prod~jce or its value in money ; C_-- - I_---- < I :

1. These words were subst it uted for the word "Madras " by the * ' ' Tamil Nadu Adart at ion yf Laws Order, 1969, as amended by the rarnil Nadu Adapi ation of Laws (Second Amendment) - 1969. A e L Z

- 8. Sub-sect ion 8 was omitted by clause

the Madras Adaptatiou of Laws Order, 1 3 of, and the 957.

Schedule to

1 . , I.. 1 - 1 - I

-. -

--- __ * A-

' - - --*-.

1956 : * Act XXW] Cultivating ~ m t s 625 (Payment of F a k Rent)

*' (ij) in the case of wet land where the irrigation is

supplemented by lifting water, 35 per cent of the normal gross produce or its value in,,money ;

(iG) in the case of any other clak of land 33- !/3 per cent of the normal gross produce or its value in money;

Explanation.--In every hamest the landowner shall be I

entitled to one-fifth of the straw or stdk of all the crops.

(2) In the case of lands in items (ii) and (iii) of sub- section (1) in which water is lifted by pumpsets installed at the cost of the landowner the fair rent spec:'fied in sub- section (1) shall be increased to 40 per cent :

Provided that the cultivating tenant shall bear all the - maintenance charges and the landowner shlrll bear the charges for repairing rhe pumpsets. The installation of a pumpset shall be at the option of the landowner.

- (3) W k i e the contract of tenan.:j- po.;iiks for pay- meat of a rent Jov;er than the fair rent pa;.able under the above provisions, the cmtract rent alone shall be payable during the contract period.

. 5. (1) The fair rent in respect of any land may be paid

either in cash ' or in kind or partly in cash and partly in . I

Fair rent kind, in accordance with the terms of the contract between =,, b, , - - k" the landowner and the cultivating tenant ; in the absence or in , %... .! I s" % -

of such a contract, thc fair rent m a , ~ be paid at the option kind. , . % - -& - of the cultivating tenant in any one of the above ways :

option shall be exircisd in the case , - on the date. on which this Act is &st

Fort St. Gkokge-~~:Gazette, within thrhree - date and in aqy bther case within thf& ate on GGch the tenancy agreement takkk cultivating tenant does not exercise the _+ . . B - pefiodsafon said,-the landowner shall, by A, . -k4, + ?A , . - 2LL A" %

to the cultivating tenant, specify tlie - . a i-

rent shall beipaid by the cultivating .. % t ' &

, ^ * 24;.

: j , , ' 2 :,- ~ ~ $ 1 4. .q*: er that the opt3dk%nce exercised or tXk ' . , . . r3?gy t ,.":.: $a& .r;.2

d shall not be changed excep: by mutdal ., L>p T h-L $: .? . n.+

, - , a -5 . $ ," ""'

" I

r that where t h ~ crop raised is paddy, *. + +-? f # q ~ - , . ,f :

1 have the right to insist that the rent , s t *

. * . { - - ? * + *%? t<-p& r g ,.";+ ..,.: a :C i

v . 1 * k t 5 e*f i, .-. .

I

' . " I i

" *

626 CultisotingTerrartfs [I956 : T.N. Act X X I ~ (Paympnt ~f Fair Xet l t )

l[Exp!or?ofion s[I].-.~I relation to the Shencottab taluk of the Ti~*unelveli district, thc cxpmssion 'tho date on which this Act is first publisl~ed in thc Fort N. George Gazette'* occurring in the first proviso to this sub-section shall be construed as ~eferring to the date on wlzich the 2'Tarnii Nado] Cultivating Tena~~ts Protection and Payment of Fair Rc~i t (fln~ei~dmcnt) Ac!, 196 1 is lit-st pu.blished in the *Fort St. George-, Gazet!e" .j

8[Explnnntiu:z if.--In 1x1 r~ti on to t lie added territories, tho expression 'the date on which this Act is first published in the "Fort St. George Gazette' occurring in the first proviso to this sub-secti41n shall be construed as referring to 'the date on which thl: 2lTarnil Nadu] Cultivating Tenants Pn)- tection and ~-'ayt-r~ent of Fail* Rent (Exrc~zsio~~ to Atldcd Territories) A.3, 1963, is l i ~ st pul,lisli:.(l i l l the * & ' ~ r l f i , George Gnzet r e' .I

4rE,rp[anntion IIl.-In relilt ion to tho Kanya kumari distdct, tllc expression 'the dirk? 011 wliich this Act is first published in tllc *Fort St.George Gnz.rtt~.'. occurring in the first proviso to this sub-section shall be construed as referring to 'tlle date on which the 2[Tarnil Nadu] Culti-

I y . . vating Tenants Fr~taction and Payment of Fair Rent , . (Extension to Kak~yakumari District) Act, 1972, is first

! published in the Tcdmil N u d ~ Govermxent Gazette'.]

-- ----..- - -.--

1 .This Exp lamt ion was added by s x t i ~ ~ n 3 (iii) of r he Tamil - Nadu Cultivating Tenants Protection and Payment of Fair R a t (Amendment) Act. 1981 (Tamil Nalu Act 32 of 1961), which was deemed to havi: cane into fisrce on the 2nd March 1960.

2Tile.o w ~ r f s wcre substituted for the ward ''Madras" by t ha Tamil Na4u Adapt~t ion of Llws Order, 1969 as amended by the hmilNadu Adaptlition of Laws (Second Amendment) Order, 1969.

8 The ~ 'cp lz i l l t i 3n to sub-sect ion (1) of sect ion 5 was numbred as Explaaation I of t Int sub-sect ion artd Explanat iorr I1 was added by section 4 (iv) of tllc Taniil Nldu Cu1tiv'~ting Taianta Protection A A ~ Pdyilifnt of Fais R%it (Extension in Artd.:d 'Territories) Act, 1963 (farnil Nadu Act 33 of 1963).

4 This Explatlclion was added by section 3 (iii) of the Tamil , J~du Cilltiv~ting Tenants Pzotectiun arlcl Payment of Pair R a t (Extension to Kanyakurnzri District) Act, 1972 (Tamil Nadu Act4 of 1116).

*NO w the Tutnil ~rld11 GQ v e n ~ l , r ~ ~ ~ t Gnzette, '

-q * -- ,- -- -- - - -. '

. ' : T.N. Aft XXIVJ Cultivating *enants

(Payment oJ'Fair Reizt

BY $ i: x ' (2) Whenever adverse seasonal conditions res k $,'

reduction of the gross product? from any partic?~Ia !t7; the extent of more than25 per cent the land~wner s :- - . . bound to remit a proportionate part of the fair rent t *,*

2 * him from his cultivating tenant in respect of that la

. A

6 ' that period :

Provided that before admitting or inquiring into a n application made by a cultivating tenant for remission of fair rent under this section, the Rent Court may impose such conditions as it considers reasonable in the circums- tances of the case including conditions as to deposit of admitted rent which has become due.

6. Wbre in respect of any land fair rent has been Alteragan determined under this Act, it shall colitinue in force for five years :

Provided that the Rent Court may, on an application made by the cultivating teaant, reduce the fair rent if it is satisfied that on account of deterioration of the land by floods or other causes beyond the control of the cultivating tenant, the land has bc.en wholly or partially ren6ered unfit for the purposes of cultivation :

Provided further that the Rent Court may, on an appli- cation madc by the landowner, enhance the fair rent if it is satisfied that on account of any improvements made in the land by or at thc expense of the landowner, the produce of tho land has increased.

1

I. Where the produce to be shared is grain the sharing Sharing of shall be dene at the threshing floor on which the threshing pfi duce. took place; and no portion of the produce sb l l be removed therefrom at such time or in such manner as to prevent the due division thereof at the proper time. *

8, (1) The Government may, by notification, constitute ~ ~ n ~ t i t ~ t i ~ n .

Rent Courts and Rent Tribunals for the purposes of this of refit Courts Act, with jurisdiction G r ZL LA areas as may be specified in ,d bt the notificiition.

R; (2)lEveryTRent Court shall be presided over by

officer~notjbelow the rank of Tahsildar and every R - Triburial shall bedpresided over by an officer not below the

rank of District Nlunsif. + 25-3-49~

628 Cultivnti i~gTenants [!956: T.N.ActXXIV (Payment of Fair Rent)

9, (1) N o~sithstanding any agreement between. a land- . ~pplicat ,, ion owner and llle cultivating tenaul., of any decrae or order of

coum and a Court, either party may apply to the Rent Court for appeals to fixation of fair rent or for deciding any dispute arising under

this Act. Tribunals. (2) From every decision of a Rent Court, an appeal

*hall, such time as may be prescribed, lie to tho ~~~t Tribunal whose decision shdl i)c final, 8lthj0~t to ravie &on, if any, under section I I .

10. The costs of and incident to all proceeding8 before the authorities ref~rred to in sections> 8 a d s 9 shall be in the discretion of the respective autl~ority.

11. The Rent Tribunal shall be dcamcd to be a Court ubordinate .O the High Court for the purposes ofsection

- 115 of the C a b of Civil Procedtlre, 1908 (Central Act V of 1908), and its ~rders shall be liable to revision by the High Court u.nddr the provisions of that scction.

12. (1) The' Collector of the district shall nths of January, April, July and ~ c t

istrict Gazette the average marke the immediately preceding three months at ters of each taluk of the main crops of dist i.

: (2) Where, for the payment of fair ren t@ tenant to whom the provisions of this

of any crop has to be fixed, such

(4 in the case of any of the crops referred to in .sub-section (I), the t3XUk& price, at the taluk headquarters last published under sub-section ( I ) before the date whkn such fair rent b-c:.mnc payable ;

(6) in the casc g ~ f any 0 t h ~ ' ~ mop as may bc agreed . I upon between thc laadowner and the cultivating tenant and

in the case of dis:rgnkme?*, .- ::x;j k: fair , and - "

, - reasonable by thc Rent Couri. I . t 3

8 .** a

~ b x to 13. The pi ovisions of this Act shall have effwt not overri& withstanding any thing to the contrary contaiafsd in any cod t ract

and othcrr P re-existing law, custom, usage3 agreement or decree or ord(3~ of a Cotirt, " ''

@" 11*. I

I , &"": La")' 2 - -- - -4.-----

s . T-'-

81.- ,++ z t& : " T.N. Act XXIV] ~ d ~ v a t i ~ T :&ts 629 $,;

(Payment f Fair Rent) - .

14. (1) The provisions of this Act shall not apply to &'$; cultivating tenant who ownu, or who cultjvates of tenant or as owner of as both, an extent of land in ex&&awss of one veli (6-2/3 acres) of wet land.

4

(2) Any cultivating tenant who o either as tenant or as owneror as bo exqeding that specified in sub-sectio ing 10 acres of wet land may, by not ed to the landowner, relinquish at t&d year ending in 1957 t portion of the land aforesaid, a frim. to all the benefits of a culti

* Such cultivating tenant-shall be 'of this Act till the ens lof the

1957, and ihhd th6Mer be ultivating tenant under this

1

l[E~cplmatiorz 1.-In relation to the the Tirunelveli diattict, the expgession at ending in 1957, in both places where i section shall be construed as referring

. yew ending in 1962'.]

~[Bxplrmation 11.-In relation to t he added territ orie the expression 'the agricult wherever it occur r: in this sub-se tion I shall be co~nstrued as refe yiar ending in 1!164'.]

' ~[Expfamtion 111.-In re1 district, the expression 'the a

i ~ h i s =pianat ion which was added by sect ion 3 (iv) oft he Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent @mendmmt) Act, 1961 (Tamil Nadu Act 32 cf 1981) with effect on and from the 2nd March 1960 was numbred as~xplanat ion I thereof by 4 (v) of the Tamil Nadu Cultivating Tenants Protection and Papmeot of Fair Rent (Extension to Added Territories) Act. 1963 @amilNadu Act 33 of 1963).

a

QThis =planat ion was added by section 4(v) of the 'I'amiI Nadu Cultivad ing Tenants Wtcct ion and Payment of Fair Rent (Extension -

to tile ~ d d e d Territories) Act, 1963 (Tamil Nadu Act 33 01 A 53).

fJThis Explanat ion was added by sect ion 3 (iv) a f the Tamil Nadu cult ivJt ing Tenant 8 Protect ion and Payment of Pair Rent (Extension to IEanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976).

1957' wherever it occurs in this su b-action cxcept in ExplaMtiuns I and II shall bc c o n s j ~ e d as referring , to 'the 'a& icul.ure1 year encilg i n z[1979]'.J

(3) Bar t he purpose of comp~ding the 1tmd o wried or altivated by a per son all the lr!.nds owned or cultivated by him whether wct, dry or garden shall be t a h n into amunt , and 3 acres of dry land or if acres of garden' land shallbz~a]lri=nnscquivalenltsonecacreofwet land, '

15.-Nothing in this Act shall apply to any land during ' mption' the period whelr such la ad i s used for raising as main crbp,' . sugarcane, plantain or betel vines or any crop which. d o e not give ;ray yield for a continuous period of two years. or more from the, time of cultivation or to. any contract merely for co1bo;ion or harvm~.ing of the produg@ of a ny kind.

16. If any provision conf ainecl in the Tsnjbre Tew.nts. zn3~Pana.iyal Protection Act, 1952(2[Tcmil Nadu] Act W V of '1952)~ is repugnant lo any pzovision cont~.ined in+this Act, the l.!\tcr provision shcll prcw.il and fhc fcrmep provision shall, to the extent c.f r he rcpugnency, be of no eflect. # I

P o w ~ to 17. (1) The Government may, 3~ 1, make nake .rulm. rules to earr y out t he purposes oi' e his Act .

(2) Wdhr~ut prdjulice to thc gen:r:.lity o f the fore- going powzr, such rules may p r ~ v i d e ftr-

(a) the proccdute to be followed by Rcnt Courts and Rent Tsibunals :

- -- ---- %These figures w :re substituted for the fi ures "1973" by sect ion 2

of the Tamil N ~ d u Caltiv.+ng Tenants f Paymenr of Fair Rtat). '. Amendment Act, 1978 (Tarn11 Nddu Act 43 of 1973) which deemed to have conole iut o force on the 8t h March 1976.

. W'hese wads w:re snb5tituted for 1 he word "Madras" by>thc Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation af Laws (Second Arn:ndm-nt) Order, 19C9.

8 rhe wxds "by ootific~tion" were m i ! ted by section 3tv)(a) of the Tamil Nadu Cultivdting Tellants Protectim and Payment of Fair

, Rent (Amsndmcnt) Act: 156 1 (%nil Nalu Act 32 of 1961) which + ' was deemed to have Corm into f ~ m on the 2nd Man& 1960. . ,

- -- - - --- - - '. - e- 1956: T.N. Aa XXIVj Cultivating Tenwts ( ~ a ~ r n e ~ t 631-

oJ Fair Rent)

L :l. (bj the matters to be taken into account in deter- " 6 miningnormalgross produce; i' . (o) the fees to -be paid in respect of applications ' . , *. . ' and appeals under this Act ; :- (4 the time withinbhi~hn~peals may bc prcsenied I.+ under this Act ;

(e) the notification of prims of ~ I c u l t u ~ . ! ... or 5 44 'L .#J y;t--c -+-- + " m3--eiii's;=7" ,A -- Aka -a pxp?s5 << b z g :k a* m f ~ e of ;be toir rem.

1[(3) (a) All lules made unier his Act shzll be published in the Fbrt St. George Gazette* an6 ~~n les r they are expressed to come into form on e ysrticular I

day, shall come into force on the day on which they arc so published .

(b) All notifications issued under this A& shall;. unless they are expressed to come into force cn a parti- *

cular day, come into force on the day on which they arc published. + . ..; ,. '

(4) Ever y ru lc mad o or not ifiml ion issued u nler this A d shall, as soon as possible after it is mi .dc or issued ,., be placed on the table of both Houses of i he Legislature, ~ n d if, before the cxpjrg c f +" %session in v~hich it is :so placed or the next session, both Houses agree in rnr.kitlg ' . I -

. any modification in any such I ule or notific?,tion or both Houses agree that t he rule or notifis-tion should not be. made or issued,, the rule or no1 ifimtion shall thereafter have effect only in such modified form or be of no effect, as the as may be, so however, t hat any su ch mo~ificstion or annulment shall be without prejudice to the validity ' of anyihing previously done under r h?,t rule or notifi<! .

cat ion.]

18. I f any difficulty arises in giving effect to 1 he provi- Power to - ' -: ,_ - sions of this Act, the Gove~nmcnt may, P.S occasion mr.yremove. .y" 6,

requiiei. ,bya'order, do anylhing~.which appears ~ .~- them"~Scul t l@ neessdry :for the purpose of ,removing t he diffikv 1; lliy.': '#&' c o ~ i of every older passed. under this,, seciion shr.ll,:\icj*( laid, befqe each Housk of the Legislature. , " ,; ~ v ~ * v * , . ' - - " ,

, -<- -."?

iThese Su&&t ions weresubst itbted fort he o&hd sub-sec;ioli:(~) ,i, by section 3(v)(b) of the Tamil Nadu Cultivating Tenants Protection .., L.r

and Payment, of Fair Rent (Amendment) Act, 1961 (Tamil Nadu ,-

A C ~ t32,0f 1961),: which was deemed to have come into foree on the . , - , ? ;* . . - Qnd: ' March ,'9960. . - 7 ' I f "-" ^

2 ' 5 . * jvo$tho T&~N ' ~ a d u Oowrntnen t ~ozet t i . -.. , s ."r

TAMIL NADU AC'E NO. 7 OP 1980*.

THE TAMIL NADU CULTIVATING TENANTS PROTECTION AND PAYMENT OF FAIR RENT

(AMENDMENT) ACT', 1979.

[Received the assent of the President on the 7th March 1980, first published in the T~rnil Nuda Gwcmaent Gazette Extraordinary on the 10th March 1980 (Masi 27, Chithar th i -~u 1; - T~;ir:rvalluvm A mdu).]

An Act further to amer!d the Tamil Nadu CultSvoling Tenants Protection Act, 1955 and the T a d Nadu Cultivating

. Tenants (Payment of Fair Rent) Act, 1956.

.. BE it enacted by the hgislatuse of the State of Tamil Nadu in the Thirtieth Year of the Republic of Indndia as fcl1ows:-

1. This Act may be called the Tamil Nadu Cultivating shon Tenants Protection and Payment of Pair Rent (Amendment) Act, 1979.

2. h the Tamil Nadu Cultivating Tenants Protection Amendmentof Act, 1955 (Tamil Nadu Act XXV of 1955), after section 7, Tamil Nadu the following section shall be and shall be deemed always to Act XXV of have been added, namely: - 1955.

"8. Act not to apply to landr owned by Central Govern- ment, State Governments, &.--Nothing contained in this Act shall apply to any land owned or f aken on lease by 9-

(i) the Central Government or sny State Govern- ment or any local authority 1 or

(ii) any company or corporation owned or contro- lled by the Central Government or any State Government; or

(iii) any University constituted by any law.".

* For Statement of Objects and Reasons. see Tamil Nadu Govern- ment Gazette, dated the 27th October 1979, Part 1V-section 1,

8 Cultivating Tenants Projection [I980 : T. N. Ad 7 ahd Payment of

fair Rent (Amendment)

Asrendmen& of .3 . In the Tamil Nadu CultivatingTenants (Payment of ~ a d u ~ c t Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956),

XXIY of 1956. after section 18, the following section shall be and shall be deemed always to have been added, namely :-

"19. Act not lo apply io land:; owned by Central Government, State Governments, etc.---Nothing contained in this Act shall apply to any land owr~ed or taken ori lease by,--- *

(i) t h Central Government or any State Govern- ment or any local authority ; or

(ii) any company or corporation owned or contro- lled by the Cefitral Government or any StateGovernment ; cp

(iii) any University constituted by any iaw,".

I

1980: T.N. Act 171 Czlltivafing Teaants (Payment 7 1 of Fair Rent) Amendment

~ TAMIL NADU ACT NO. 17 OF 1980.*

1 THE TAMIL NADU CULTIVATING TENANTS (PAYMENT OF FAIR RENT) AMENDMENT ACT, 1980.

[Received the assent of the President on the 22rrd April 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 26th April 1 980 (Chithir, : 1 4, Rowthiri-2011 -lltirttvaZluvar Aandu) .]

An Act further to amend the Taniil Nadu Cultivnting Tenants (Payment of Fair Rent) Act, 1956.

BE it ~nacted by the Legislature of the State of Tamil Nadu in the Thirty-first Year of the Republic of India as follows:-

1. This Act may be called the Tamil Nadu Cultivating Short title. Tenants (Payment of Fair Rent) Ameqdment Act, 1980.

2. It is hereby declared that this Act is for giving effect ~eclaration. 1

to the policy of the State towards securing the principles laid down in Part IV, and in particular clause (c) of Article 39, and Article 46 of the Constitution.

3. In sub-section (4) of section 3 of the Tamil Nadu Amefidment of Cultivating Tenants (Payment of Fair Rent) Act, 1 956 section 3, Tamil (Tamil Nadu Act XXIV of 1956) (hereinafter referred to Nadu ActX* as the principal Act), for the expression " Sr~.bjoct to the of 1956. proviso to sub-section (2) of section 4, all the c~ltivation expenses ", the expression " A11 the cultivation expenses " shall be substituted.

4. In section 4 of the pri~lc~pal Act,-- Amendment 1 of section 4,

(1) for sub-section (I), the following sub-section Tamil Nadu Act XXN of 1956. I

shall be substituted, namely :--

"(1) Pair rent shall be 25 per cent of the normal gross produce or its vallie in money.";

(2) sub-section (2) shall be omitted. I

5. Section 6 of the principal Act shall be renumbered Ampndment ~ f . section 6 Tarn11 as sub-section (1) of that section and after sub-section Nadu A~ XXIV

-

*For statement of Objects and Reasons, see Tamil Nadu '

Government Gazette Extraordinary, date? the 7th February 1980, Part IV-=Section 1, Page 66,

72 Cult rvating Tenants (Payment of [1980: T.N. Act I7 .-. Fair Rent) Amendment

(1) as so renumbered, the following sub-section &a11 be added, namely :-

"(2) Where fair rent has been determined under this .id, in respect of any land before the date of the publication of the Tamil Nadu Cultivating Tenants (Payment of Bair Rent) Amendment Act, 1980, in the Tamil Nadu Govern- ment Gazette, and such fair rent is in excess of the fair rent specified in section 4, as amended by the said Amend- ment Act, then, notwithstanding wthing contained in sub-section (11, on and from the said date, t b fair rent so determined shall, in res ect of that date andany period after that date, stand rz8uced to the fair rent specified :n the said section 4, as amended by that Amendment Act.)'.

AnUndmsnt of 6. .. In . section ,, . . .--:A&aA 15 of the principi rl ActD the word ''sugw- section 15 cane " sna.11 08 omitr~u. ramil ~ a d u A G ~ W I V of 1956. C