Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956
No: 24 Dated: Oct, 31 1956
THE TAMIL NADU CULTIVATING TENANTS (PAYMENT OF FAIR RENT) ACT, 1956
Tamil Nadu Act 24 of 1956
An Act to provide for the payment affair rent by cultivating tenants in certain areas in the State of Tamil Nadu.
Whereas it is expedient to provide for the payment of fair rent by cultivating tenants in certain areas in the State of Tamil Nadu;
Be it enacted in the Seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956.
(2) It extends to the whole of the State of Tamil Nadu other than the areas to which the Malabar Tenancy Act, 1929 (Tamil Nadu Act XIV of 1930), extends.
(3) It shall be deemed to have come into force on the 1st day of October 1956:
Provided that in the Shencottah taluk of the Tirunulveli district, it shall come into force on the 2nd March 1960.
Provided further that in the added territories, it shall come into force on the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963), is first published in the Fort St. George Gazette.
Provided also that in the Kanvakumari district, it shall come into force on the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976), is first published in the Tamil Nadu Government Gazette.
2. Interpretation. - (1) In this Act, unless the context otherwise, requires,-
(a) "added territories" means the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959);
(aa) "agricultural year" means the year commencing on the 1st day of April or, in respect of the whole or any part of any district on 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 contributes his own 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
(ii) includes-
(a) any such person who continues in possession of the land after the determination of the tenancy agreement;
(b) the heir of such person, if the heir contributes his own physical labour or that of any member of his family in the cultivation of such land;
(c) a sub-tenant it he contributes his own physical labour or that of any member of his family in the cultivation of such land; or
(d) any such sub-tenant who continues in possession of the land notwithstanding that the person who sub-let the land to such sub-tenant ceases to have the right to possession of such land; but
(iii) does not include a mere intermediary or his heir;
(c) "fair rent" means the rent payable under this Act;
(d) "garden land" means dry land irrigated by lifting water from wells or other sources;
(e) "Government" means the State Government;
(f) "landowner" means the owner of the land let tor cultivation by a cultivating tenant and includes the heirs, assignees, legal representatives of such owner, or person during rights through him;
(g) "normal gross produce in respect of any land" means the produce which would be obtained, if the rainfall and the seasons were of a normal character, from lands of the same class as the land in question, similarly situated and possessing similar advantages;
(h) "paid" includes delivered";
(i) "Rent Court" and "Rent Tribunals" mean in relation to any area the Rent Court and the Rent Tribunal, respectively, constituted under this Act for such area.
(2) If any question 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 to which the question arises.