Tamil nadu act 030 of 1947 : Tamil Nadu Estates Land (Reduction of Rent) Act, 1947

Section 1. Short title and application

1. Short title and application.- (1) This Act may be called the ¹[Tamil Nadu] Estates Land (Reduction of Rent) Act, 1947.

(2) It applies to all estates as defined in section 3, clause (2), of the ¹[Tamil Nadu] Estates Land Act, 1908. ¹[Tamil Nadu Act I of 1908].

Section 2. Appointment of Special Officer to recommend rates of rent in estates

2. Appointment of Special Officer to recommend rates of rent in estates.- (1) ²[(a)] The ³[State] Government may appoint a Special Officer for any estate or estates for the purpose of recommending fair and equitable rates of rent for the ryoti lands in such estate or estates.

²[(b) The Special Officer so appointed shall also recommend fair and equitable rates of rent for all lands in such estate or estates which became ryoti lands after the commencement of this Act].

(2) The Special Officer shall first determine in respect of each village (hereinafter in this section referred to as "principal village") in an estate-

(a) the average rate of cash rent per acre prevailing at the commencement of this Act, ⁴[for each class of ryoti land which was in existence in the principal village at such commencement], such as wet, dry and garden:

Provided that where no cash rents are prevalent in the principal village in respect of any class of land, the Special Officer shall determine the average rate of cash rent per acre prevailing at such commencement for such class of land in the nearest village in the estate in which cash rents are prevalent for such class of land and in which conditions are generally similar to those obtaining in the principal village, or where there is no such village in the estate, in the nearest village in the nearest estate in respect of which village both the requirements specified above are satisfied;

(b) the average rate of assessment per acre prevailing at such commencement in respect of each of the said classes of land in the nearest ryotwari area in which conditions are generally similar to those obtaining in the principal village.

(3) The Special Officer shall then compare the average rates of cash rent as determined under clause (a) of sub-section (2) with the average rates of assessment as determined under clause (b) of that sub-section, and after making due allowance for any difference in the conditions prevailing in the two cases, and also, in cases falling under the proviso to clause (a) of sub-section (2), for any difference in the conditions prevailing in the village referred to in that proviso and in the principal village, determine (i) the extent, if any, to which the rates of rent payable for each class of ryoti land in the principal village should, in his opinion, be reduced, and (ii) the rates of rent payable for each such class of lands after such reduction.

Explanation I.- The Special Officer shall have power only to determine that the rents payable for any class of ryoti land in the principal village shall be reduced; and he shall have he power to determine that such rents shall be enhanced.

Explanation II.- The extent of reduction, if any, determined by the Special Officer under this sub-section shall also apply where rent in the principal village is paid in kind or on the estimated value of a portion of the crop or at rates varying with the crop, whether in cash or in kind, or partly in one of these ways and partly in another, or partly in one or more of these ways and partly in cash. In every such case the Special, Officer shall also determine the rent payable, whether in kind or in cash or partly in kind and partly in cash as the case may be.

¹[(3-A) In the case of lands in an estate which became ryoti lands after the commencement of this Act, the Special Officer shall determine for each class of such lands in the principal village the rates of rent per acre payable therefor under this Act. The rates of rent so determined shall be the same as those fixed under sub-section (2) of section 3 for similar ryoti lands in the same village:

Provided that where the rates of rent payable in respect of ryoti lands in the principal village have not been fixed under sub-section (2) of section 3, or where there are no similar ryoti lands in the principal village, the rates of rent so determined shall be the same as those fixed under sub-section (2) of section 3 for similar ryoti lanes in the nearest village in the estate, or, if there is no such village, in the nearest village in the nearest estate in which conditions are generally similar to those obtaining in the principal village].

(4) Where the conditions in a group of two or more villages in an estate are generally similar, the Special Officer may perform the functions under ²[sub-sections (2), (3) and (3-A)] in respect of such group of villages as a whole, instead of separately in respect of each village in the group.

Section 3. Power of State Government to reduce rates of rent after considering Special Officer's recommendations

3. Power of State Government to reduce rates of rent after considering Special Officer's recommendations.- ³[(1) After completing his work in any estate, the Special Officer shall submit his recommendations to the State Government, through the Board of Revenue specifying, in the case of ryoti lands which were in existence at the commencement of this Act, (i) the extent, if any, to which the rents for each class of such lands in each village or group of villages in the estate, should in his opinion, be reduced, and (ii) the rate of rent payable for each such class after such reduction, and in the case of lands in each village or group of villages in the estate which became ryoti lands after the commencement of this Act, the rate of rent determined by him in accordance with the provisions of sub-section (3-A) of section 2:

Provided that, with the approval of the Board of Revenue, recommendations may be made under this sub-section separately, in respect of portions of an estate].

(2) After considering the recommendations of the Special Officer and the remarks of the Board of Revenue thereon, the ¹[State] Government shall, by order published in the Fort St. George Gazette, fix the rates of rent payable in respect of each class of ryoti land in each village in the estate:

²[Provided that where the rate of rent so fixed in respect of any class of ryoti lands which were in existence at the commencement of this Act, or in respect of any class of lands which became ryoti lands in any fasli year after such commencement exceeds the rate of rent payable in respect thereof at such commencement or in that fasli year, as the case may be, only the latter rate of rent shall be payable in respect of such land].

³[(2-A) Notwithstanding anything contained in sub-section (2), where the rate of rent payable in respect of ryoti land of any class, whether in virtue of the first or of the second paragraph of that sub-section, is wholly in kind or partly in kind and partly in cash and the aggregate money value of the rate of rent so payable exceeds the highest rate of ryotwari assessment payable for any land of the same class in the revenue district in which such ryoti land is situated, then, only the latter rate of rent shall be payable in respect of the land].

¹[(3) An order under sub-section (2) shall, in relation to ryoti lands which were in existence at the commencement of this Act, take effect from the commencement of the fasli year 1357, and in relation to lands which become ryoti lands in any fasli year after the commencement of this Act, from the commencement of that fasli year].

(4)²[After such an order has taken effect in respect of any estate or portion of an estate, the rents due in respect of ryoti lands in such estate or portion with effect from the commencement of the fasli year in which the order look effect] as well as the rents which have fallen or may fall due in respect of such lands for ³[any subsequent fasli year] until the commencement of the fasli year in which the estate may be finally taken over by the ⁴[State] Government ¹[and any interest payable on such rents under sub-section (6)] shall be recovered by the ²[State] Government as if such rents ³[and interest] were arrears of land revenue due to them; and the amount so recovered in respect of each fasli, after deducting therefrom the cost of such recovery as determined in accordance with such rules as may be made by the ²[State] Government in that behalf, and also the peshkash, ceases, and other moneys due from the landholder to the ²[State] Government and constituting a charge on the estate shall be paid to the landholder.

⁴[Explanation.- The provisions of this sub-section shall apply to an estate, whether the ⁵[Tamil Nadu] Estates (Abolition and Conversion into Ryotwari) Act, 1948, ⁵([Tamil Nadu] Act XXVI of 1948) applies to it or not].

⁶[(5) Any rents recoverable by the State Government under sub-section (4) for any fasli year shall be payable in instalments in that fasli year, according to the kistbandi fixed for the collection of land revenue in the ryotwari areas in the district in which the estate or portion of the estate is situated.

(6) Any rents recoverable by the State Government under sub-section (4) for any fasli year shill, until the are paid, bear simple interest at the rate of six per cent per annum from the commencement of the succeeding fasli year or of the fasli year succeeding that in which the order under sub-section (2) is made in respect of the estate or portion of the estate, whichever is later; and notwithstanding anything contained in the ¹[Tamil Nadu] Estates Land Act, 1908, ¹(Tamil Nadu Act I of 1908) no interest shall be payable in respect of any period before such commencement.

(7) The landholder shall not be entitled to collect and the provisions of Chapters V and VI of the ¹[Tamil. Nadu] Estates Land Act, 1908, ¹(Tamil Nadu Act I of 1908) shall cease to apply to, any rents or interest recoverable by the State Government under sub-section (4)].

Section 3-A. Determination of the question whether any land in an estate is or is not ryoti land

²[3-A. Determination of the question whether any land in an estate is or is not ryoti land.- (1) Determination of the question whether any land in an estate is or is not ryoti land. Notwithstanding anything contained in the ¹[Tamil Nadu] Estates Land Act, 1908 or ¹(Tamil Nadu) Act I of 1908], or any other: law for the time being in force, if any question arises whether any land a village is or is not ryoti land it shall be determined by the Collector.

(2)(a) Any person denying that any land in a village in respect of which an order under sub-section (2) of section 3 has been published is ryoti land may file an application before the Collector within whose jurisdiction the land is situate for his decision thereon.

(b) Any such application shall be filed within two months of the date of publication of the order under sub-section (2) of section 3, or the date on which the provisions of the ¹[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1956, ¹([Tamil Nadu Act XXIX of 1956) other than sections 4 and 7 thereof come into force, whichever is later:

Provided that the Collector may, within such further time not exceeding two months as he may, in his discretion allow, admit any application made after the period of two months aforesaid, if he is satisfied that the applicant had sufficient caus: for not filing the application within that period.

(3) On receipt of such application, the Collector shall, after giving notice in the prescribed manner to the applicant and the landholder and it the applicant is the landholder, to the person in occupation of the land and after publishing the notice in the prescribed manner in the village, and after giving the parties who appear before him an opportunity to be heard and to adduce their evidence, give his decision on the application.

(4)(a) Against any such decision of the Collector an appeal shall lie to the Tribunal having jurisdiction over the village in which the land is situate within two months from the date of the occasion:

Provided that the Tribunal may, within such further time not exceeding two months as it may, in its discretion allow, admit an appeal preferred after the period of two months aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.

(b) The decision of the Tribunal on the appeal shall be final and shall not be liable to be questioned in any Court of Law.

Section 3-B. Constitution of Tribunals

3-B. Constitution of Tribunals.- (1) The State Government shall constitute as many Tribunals as may be necessary for the purposes of this Act.

¹[(2) Each Tribunal shall consist of one person only who shall be a Judicial Officer not below the rank of District Judge or Additional District Judge].

(3) Each Tribunal shall havo such jurisdiction and over such villages or group;, of villages as the State Government may, by notification, from time to time, determine.

²[(4) Every Tribunal shall have the same powers as are vested in a Civil Code under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit or when heating an appeal].

Section 3-C. Disposal of pending applications and suits under Tamil Nadu Act I of 1908

3-C. Disposal of pending applications and suits under ³[Tamil Nadu] Act I of 1908.- (1) Applications pending under section 183 of the ³[Tamil Nadu] Estates Land Act, 1908 (³[Tamil Nadu] Act 1 of 1908), on the date on which the provisions of the ³[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1956 ³([Tamil Nadu] Act XXIX of 1956) other than sections 4 and 7 thereof, come into force be deemed to be applications filed under section 3-A of this Act and be disposed of accordingly.

(2) Suits instituted under the proviso to section 179 of the ³[Tamil Nadu Estate Land Act, 1908 (³[Tamil Nadu] Act I of 1908) and pending on the date on which the provisions of the ³[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1956, ¹([Tamil Nadu] Act XXIX of 1956) other than sections 4 and 7 thereof, come into force shall stand transferred to the Tribunal having jurisdiction constituted under section 3-B of this Act and be dealt with by it as if they are appeals preferred under this Act.

Section 3-D. Presumption in respect of ryoti land

3-D. Presumption in respect of ryoti land.- Any land in respect of which an application has not been filed within the time prescribed under clause (b) of sub-section (2) of section 3-A or in respect of which an application is not admitted under the proviso to that clause shall be deemed to be ryoti land.

Section 3-E. Modification, etc., of order made under section 3(2)

3-E. Modification, etc., of order made under section 3(2).- (1) If the State Government are satisfied that in any order made by them under sub-section (2) of section 3, there is any error, including any clerical or arithmetical error or error arising from any accidental slip or omission, or that any such order is vitiated by any mistake, they may, by order published in the Fort St. George Gazette, correct such error or cancel such order, as the case may require; and the correction or cancellation shall, unless the State Government otherwise direct, ²[be deemed to have taken effect, in relation to ryoti lands which were in existence at the commencement of this Act, from the commencement of the fasli year 1357, and in relation to lands which became ryoti lands in any fasli year after commencement of this Act, from the commencement of that fasli year].

(2) Any amount by way of rent which becomes payable in respect of any land in consequence of an order issued under sub-section (1) shall, if it is not paid before the commencement of the fasli year immediately succeeding that in which the order is issued, bear simple interest at six per cent per annum from such commencement up to the date of payment.

(3) Where the State Government issue an order under sub-section (1), they shall have power whether by the same or by a subsequent order, to make such supplemental, incidental and consequential orders as they may deem necessary or proper; and in particular any such order may, notwithstanding any law or contract to the contrary, provide for the extension of the period of limitation for the recovery of any rent].

Section 3-F. Rent recovered; by State Government to be deemed to be provisional payment by tenant, right of land holder to recover balance of rent due and limitation

¹3-F. Rent recovered; by State Government to be deemed to be provisional payment by tenant, right of land holder to recover balance of rent due and limitation.- (1) Where after the publication of an order under section 3, sub-section (2), it is held by any Court, Tribunal or other authority that-

(i) the area specified in the order is not an estate, or

(ii) any land specified in such order is not a ryoti land,

the rent in respect of any land in the area mentioned in clause (i) or in respect of any land mentioned in clause (ii), recovered by the State Government under section 3, sub-section (4), shall be deemed to be the rent provisionally paid be the tenant to the landholder.

(2) The landholder shall, in respect of any such land as is referred to in sub-section (1), be entitled to recover from the tenant and the tenant shall be liable to pay to the landholder an amount equal to the difference between the rent which the tenant would have been liable to pay in respect of that land if the rates of rent had not been reduced under this Act, and the rent in respect of that land recovered by the State Government under section 3, sub-section (4). The said amount shall, until it is paid, bear simple interest at the rate of six per cent per annum from the date of the commencement of the ²[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1963, or the date of the decision or order of any Court, Tribunal or other authority referred to in sub-section (1) which ever date is later.

(3)(i) In any suit or proceeding for the recovery of the amount and interest referred to in sub-section (2), the Court or authority concerned shall order that such amount and interest shall be paid in such number of annual instalments not exceeding ten and in such manner as may be determined by the Court or authority.

(ii) If, before the date of the publication of the ¹[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1963 in the Fort St. George Gazette, any decree or order has been passed in any suit or proceeding for the recovery of the amount and interest referred to in sub-section (2), which is inconsistent with the provisions of this section, the Court or authority concerned shall, on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order and pass a fresh decree or order which shall be in conformity with the provisions of this section:

Provided that nothing contained in this clause shall apply to any suit or proceeding in which the decree or order has been satisfied in full, before the date mentioned in this clause.

(4) In respect of any such land as is referred to in sub-section (1), the State Government shall pay to the landholder all amounts recovered by them under section 3, sub-section (4), after deducting therefrom the amounts already paid to him and also the cost of recovery, peshkash, cesses and other moneys due from the landholder to the State Government and constituting a charge on the land concerned.

(5) In computing the period of limitation for the recovery of any amount due under sub-section (2), the period between the date on which the relevant order under section 3, sub-section (2), was published and the date of the decision or order of any Court, Tribunal or other authority referred to in sub-section (1) or the date of the commencement of the ¹[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1963 whichever date is later shall be excluded.

Explanation I.- For the purposes of this section, "landholder" in relation to any land means the person entitled to collect the rent in respect of such land if an order under section 3, sub-section (2), had not been published and includes a person deriving rights through him.

Explanation II.- for the purposes of this section and sub-section (1) of section 5, the expression "tenant" means a person from whom rent was recovered by the State Government under section 3, sub-section (4), and includes a person deriving rights through him].

Section 4. Ryot to pay the rent fixed by State Government

4. Ryot to pay the rent fixed by State Government.- Where an order is published under section 3, sub-section (2), in respect of any estate or position of an estate, a ryot shall not be bound to pay rent for any ryoti land held by him in such estate or portion ²[at a rate exceeding that payable under that sub-section or under section 3, sub-section (2-A), as the case may be] notwithstanding anything contained in the ¹[Tamil Nadu] Estates Land Act, 1908 (¹ Tamil Nadu] Act I of 1908):

³[Provided that nothing contained in this section shall be deemed to affect in any way the operation of section 3-E].

Section 4-A. Rent payable in respect of land which are not ryoti or private

¹[4-A. Rent payable in respect of land which are not ryoti or private.- No person in an estate cultivating any land which is not ryoti land or which has not been decided to be private land under some prior proceedings or under the ²[Tamil Nadu] Estates Land (Reduction of Rent) Act, 1947, ²([Tamil Nadu] Act XXX of 1947) as amended by the ²[Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1956, ²([Tamil Nadu] Act XXX of 1947) ³[and the ²(Tamil Nadu) Estates Land (Reduction of Rent) Amendment Act, 1961] shall be bound to pay as rent in respect of that land at a rate exceeding that payable in respect of similar land which is ryoti land in the neighborhood].

Section 5. State Government to make good income lost by religious, educational or charitable institution

⁴[5. State Government to make good income lost by religious, educational or charitable institution.- (1) ⁵[(i)] Where, by reason of the foregoing provisions, the net income derived by any religious, educational or charitable institution from any estate or part of an estate belonging to it, in the fasli year 1357 or in any subsequent fasli year until the commencement of the fasli year in which the estate may finally be taken over by the State Government becomes less than the net income which the institution would have derived in such fasli year if the rates of rent had not been reduced under this Act, the State Government shall pay the difference to the institution at the end of the fasli year in question.

⁵[(ii) Where in respect of any such land as is referred to in section 3-F, sub-section (1), any religious, educational or charitable institution is entitled to recover from the tenant any amount in pursuance of sub-section (2) of that section, the State Government; shall in addition to the amounts referred to in sub-section (4) of that section, also be entitled to deduct from the amount recovered by than under section 3, sub-section (4), the amount, if any; already paid to the, institution in pursuance of clause (i):

Provided that where after such deduction, any sum is still due to the State Government, such sum shall be recoverable as if it were an arrear of land revenue].

(2) The net income derived in each of the fasli years beginning with the fasli year 1357 and the net income which the institution would have derived in each fasli year as aforesaid shall, for the purposes of ¹[clause (i) of sub-section (1)], be determined by such authority, and in such manner, as may be laid down in the rules made by the State Government.

(3) In determining the net income in both the cases aforesaid, all amounts which accrued due to the institution concerned during the relevant fasli year shall be taken into account whether the amounts were actually collected or not].

Section 6. Lessees of religious education or charitable institutions not to have their rents reduced

6. Lessees of religious education or charitable institutions not to have their rents reduced.- Notwithstanding anything contained in any other law for the time being in force, in any inam village belonging to a religious, educational or charitable institution which was not an estate before the commencement of the ²[Tamil Nadu] Estates Land (Third Amendment) Act, 1936, ²([Tamil Nadu] Act XVIII of 1936) but became an estate by virtue of that Act, the lessee of any land situated in the estate shall not be entitled to the benefit of any reduction of rent under this Act, if the lease was executed after the 1st November, 1933.

Section 7. Power to make rules

7. Power to make rules.- The ¹[State] Government may make rules to carry out the purposes of this Act.

Section 8. Validity of certain orders and proceedings not to be questioned

8. Validity of certain orders and proceedings not to be questioned.- The validity of the following orders and proceedings shall not be liable to be questioned in any Court of Law:-

(i) any order made under section 3, sub-section (2);

(ii) any recovery of rent effected by the ¹[State] Government under section 3, sub-section (4), or any payment made by them to the landholder under the same sub-section ²[or under section 3-F, sub-section (4)];

³[(iii) any order made under section 3-E;

(iv) any determination of net income made under section 5, sub-section (2)].

Section 9. Power to remove difficulties

9. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the ¹[State] Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.