Bare ActsMadras Estates Land (Reduction of Rent) Act, 1947

Section 3

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

Amendment status not verified — confirm the current text below against the official source.

(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 (i) the extent, if any, to which the rents for each class of ryoti land 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: 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 Revenue thereon, the [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: Provided that where the rate of rent so fixed in respect of ryoti land of any class exceeds the rate of rent payable in respect thereof at the commencement of this Act, only the latter rate of rent shall be payable in respect of such land. [(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 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]. (3) An order under sub-section (2) shall take effect from the commencement of the fasli year 1357. (4) 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 1357 as well as the rents which have fallen or may fall due in respect of such lands for any fasli subsequent to fasli 1357 until the commencement of the fasli year in which the estate may be finally taken over by the [State] Government [and any interest payable on such rents under sub-section (6)] shall be recovered by the [State] Government as if such rents [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 [State] Government in that behalf, and also the peshkash cesses, and other moneys due from the landholder to the [State] Government and constituting a charge on the estate shall be paid to the land holder. [Explanation.- The provisions of this sub-section shall apply to an estate, whether the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, applies to it or not] [(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 ryotiwari 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 shall, until they 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 Madras Estates Land Act, 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 Madras Estates Land Act, 1908, shall cease to apply to, any rents or interest recoverable by the State Government under sub-section (4).] Substituted by Adaptation Order of 1950. Inserted by Madras Estates Land (Reduction of Rent) Second Amendment Act, 1951 (Madras Act XXXIX of 1951. Inserted by Madras Estates Land (Reduction of Rent) Amendment Act, 1951 (Madras Act VII of 1951), Added by ibid.