Amendment status not verified — confirm the current text below against the official source.
Explanation I.- In relation to the Shencottah taluk of the Tirunelveli district, the expression 1st day of October, 1956‘ and ‗month of September in the year 1956‘ occurring in this sub-section shall be constructed respectively as referring to 2nd March, 1960, and months of January and February in the year 1960; Explanation II.- In relation to the added territories— (i) the expression ‗1st day of October, 1956‘ occurring in this sub-section except in Explanation I shall be construed as referring to ‗date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963, is first published in the Fort St.George Gazette; and (ii) the provisio to this sub-section shall be deemed to have been omitted. Explanation III.- In relation to the Kanyakumari district,- (i) the expression ‗first day of October, 1956‘, occurring in this sub-section except in Explanation I and II shall be construed as referring to ‗date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanayakumari District) Act, 1972, is first published in the Tamil Nadu Government Gazette; and (ii) the proviso to this sub-section shall be deemed to have been omitted. (2) Where the irrigation of any land is irregular the landowner may, at his option, either take his share of the produce and bear the excess water-cess in respect of the irregular irrigation proportionate to his share or take the share of the produce which would have been obtained but for the irregular irrigation in which case the entire excess watercess shall be borne by the cultivating tenant. (3) Notwithstanding any neglect or failure on the part of the cultivating tenant to raise any crop, the landowner shall be entitled to collect fair rent. (4) All the cultivation expenses inclusive of cost of seed, ploughing, manuring, harvesting and threshing shall be borne by the cultivating tenant. (5) The landowner shall be responsible for the payment of all dues payable to the Government and local authorities in respect of the land subject to his right to recover from the cultivating tenant the public charges which are expressly made payable by the cultivating tenant by this Act. (6) The landowner shall bear all capital expenditure necessary to maintain the land and wells in a state of proper repair. (7) Subject to the provisions of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), no landowner shall, after the commencement 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; (ii) the delivery by the cultivating tenant of any article or thing in addition to fair rent; or (iii) any service by the cultivating tenant or the free use of his cattle. Explanation I. Nothing contained in this section shall affect the right of the landowner to claim from the cultivating tenant compensation for damages to the land or to anything that stood on the land at the time of lease. Explanation II. Where a cultivating tenant pays a contract rent lower than the fair rent payable under this clause (iii) of sub section (7) shall not apply. Explanation III. In relation to the Shencottah taluk of the Tirunelveli district, the expression ‗commencement of this Act, occurring in this sub-section shall be construed as referring to 2nd March, 1960. Explanation IV. In relation to the added territories, the expression ‗commencement of this Act‘ occurring in this sub-section except in Explanation III shall be construed as referring to ‗date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963, is first published in the Fort St.George Gazette. Explanation V – In relation to the Kanyakumari district, the expression ‗commencment of this Act‘, occurring in this sub-section except in Explanations III and IV shall be construed as referring to ‗date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972, is first published in the Tamil Nadu Government Gazette‘ (8) Omitted by Madras A.O. 1957 (9) Any landowner, the rent receivable by whom from any cultivating tenant in respect of any land suffers a reduction as a result of the provisions of this Act shall, if he is himself a tenant in respect of that land under another person, be entitled to surrender the lease of that land as from a date specified by him by notice given to his landlord. (10) A landowner may advance to his cultivating tenant who is not a member of any co-operative society for better farming such loan as may be necessary for manuring his land. The loan so advanced shall be first charge on the share of the produce to which the cultivating tenant is entitled under this Act. (11) Notwithstanding anything contained in sub-section (4) and (10) the landowner may with the consent of the tenant in the case of any wet land or garden land attend to the manuring of the land by chemical manures and oil cakes up to a sum equivalent to ten per cent of the normal gross produce and recover the same from the cultivating tenant. The amount payable by the cultivating tenant under this sub-sectin shall be in addition to the fair rent payable under this Act. *4. What is fair rent.- (1) Fair rent shall be 25 per cent of the normal gross produce or its value in money. (2) [Omitted by Act 17 of 1980] (3) Where the contract of tenancy provides for payment of a rent lower than the fair rent payable under the above provisions, the contract rent alone shall be payable during the contract period. 4.A. Kaiaeruvaramdar or a mattuvaramdar deemed to be a cultivating tenant.- (1) A Kaiaeruvaramdar or a mattuvaramdar in the district of Tiruchirapalli engaged by the landlord to work on a land remuneration or such work by a share in the crop on such land in respect of which such work is done shall be deemed to be a cultivating tenant in respect of that land with effect from the commencement of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Ordinance, 1958, and all the provisions of this Act shall apply to him subject to the provision of sub-section (2). (2) The landowner shall be entitled to take from the produce of the crop that is standing at the commencement of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Ordinance, 1958, the cost of cultivation of that crop and the balance shall be share in accordance with the provisions of this Act. *5. Fair rent may be in cash or in kind.-(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 kind, in accordance with the terms of the contract between the landowner and the cultivating tenant; in the absence of such a contract, the fair rent may be paid at the option of the cultivating tenant in any one of the above ways. ____________________________________________________________________ *See Table of Amendments Provided that the option shall be exercised in the case of a tenancy in force on the date on which this Act is first published in the Fort St.George Gazette, within three months from that date and in any other case within three months from the date on which the tenancy agreement takes effect; and if the cultivating tenant does not exercise the option, within the period aforesaid, the landowner shall by notice in writing given to the cultivating tenant, specify the way in which the fair rent shall be paid by the cultivating tenant. Provided further that the option once exercised or the way once specified shall not be changed except by mutual agreement. Provided further that where the crop raised is paddy, the landowner shall have the right to insist that the rent shall be paid in kind. Explanation I – In relation to the Shencottah taluk of the Tirunelveli district the expression ‗ the date on which this Act is first published in the Fort St.George Gazette. occurring in the first proviso to this sub-section shall be construed as referring to ‗the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961, is first published in the Fort St.George Gazette. Explanation II. In relation to the added territories, the expression ‗ the date on which this Act is first published in the Fort St.George Gazette‟ occurring in the first proviso to this sub-section shall be construed as referring to ‗the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension t Added Territories) Act, 1963 is first published in the Fort St.George Gazette. Explanation IIII – In relation to the Kanyakumari district, the expression ‗ the date on which this Act is first published in the Fort St.George Gazette. occurring in the first proviso to this sub-section shall be construed as referring to ‗the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act,1972, is first published in the Tamil Nadu Government Gazette. (2) Whenever adverse seasonal conditions result in the reduction of the gross produce from any particular crop to the extent of more than 25 per cent the landowner shall be bound to remit a proportionate part of the fair rent due to him from his cultivating tenant in respect of that land for that period. Provided that before admitting or inquiring into an 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 circumstances of the case including conditions as to deposit of admitted rent which has become due. SECTION 5 – NOTES The scope of the enquiry under section 5 (2) of the Act is restricted and compact, and permits consideration of remission in the rent on the ground of adverse seasonal conditions which result in the reduction of the gross produce from any particular crop to the extent of more than 25 per cent. A reading of section 5 (2) bring out the contingencies on which remission could be claimed. N.S.S. Sivanu Mudaliar v.Sivapakia Nadar, AIR 1985 NOC 130 (Mad). The pendency of proceedings for fixation of fair rent before the Rent Tribunal can be no bar to the Rent Court‘s going into the merits of the application filed by the tenant for revision of rent under section 5(2) of the Act. Govinda Gounder v. Deenappa Gounder, Air 1981 Mad 240. *6. Alteration or revision of fair rent.(1) Where in respect of any land fair rent has been determined under this Act, it shall continue in force for five years: Provided that the Rent Court may, on an application made by the cultivating tenant, 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 been wholly or partially rendered unfit for the purposes of cultivation. Provided further that the Rent Court may, on an application made by the landowner, enhance the fair rent if it is satisfied that on account of any improvements made in the land by or at the expense of the land owner, the produce of the land has increased. (2) Where fair rent has been determined under this Act, in respect of any land before the date of the publication of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Amendment Act, 1980, in the Tamil Nadu Government Gazette, and such fair rent is in excess of the fair rent specified in section 4, as amended by the said Amendment Act, then, notwithstanding anything contained in sub-section (1), on and from the said date, the fair rent so determined shall, in respect of that date and any period after that date stand reduced to the fair rent specified in the said section 4, as amended by that Amendment Act.