Amendment status not verified — confirm the current text below against the official source.
Revision by the District Court.- The District Court may call for and examine the record of any authorized officer in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision, or order passed thereon; and if, in any case, it appears to the District Court that any such proceeding, decision or order should be modified, annualled or reversed or remitted for reconsideration, it may pass orders accordingly: Provided that the District Court shall not pass any order prejudicial to any party unless he has been given a reasonable opportunity of being heard. Explanation- For the purposes of this section ―District Court‖ shall mean— (i) in the City of Madras, the City Civil Court; and (ii) in any other area, the principal civil court of original jurisdiction. CHAPTER – IV FAIR RENT *23. Rights and liabilities of cultivating tenant and public trust.- (1) Every cultivating tenant under any public trust shall be bound to pay to the public trust and every public trust shall be entitled to collect from the cultivating tenant fair rent payable under this Chapter. (2) Where the irrigation of any land is irregular, the public trust may, at its option, either take its share of the produce and bear the excess water-cess in respect of the irregular irrigation proportionate to its share or take the share of the produce which would have been obtained but for the irregular irrigation in which case the entire excess water-cess shall be borne by the cultivating tenant. (3) Notwithstanding any neglect or failure on the part of the cultivating tenant under any public trust to raise any crop, the public trust 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 under the public trust. (5) The public trust shall be responsible for the payment of all dues payable to the Government and local authorities in respect of the land subject to its right to recover from the cultivating tenant the public charges, which are expressly made payable by the cultivating tenant by this Chapter. (6) The public trust shall bear all capital expenditure necessary to maintain the land and wells in a state of proper repair. (7) Subject to the provisions of Chapter III, no public trust shall, after the date of 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 Chapter ; or (ii) the delivery by the cultivating tenant of any article or thing in addition to fair rent. (8) A public trust may advance to its cultivating tenant who is not a member of any tenant farming society loan as may necessary for manuring its land. The loan so advanced shall be a first charge on the share of the produce to which the cultivating tenant is entitled under this Chapter. ____________________________________________________________________ *See Table of Amendments (9) Notwithstanding anything contained in sub-sections (4) and (8), the trustee of a public trust may with the consent of the cultivating tenant concerned 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-section shall be a first charge on the share of the produce to which the cultivating tenant is entitled under this Chapter. Such amount shall be paid in addition to the fair rent payable under this Chapter. (10) Nothing contained in this section shall affect the right of the public trust 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. *24. 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 18 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.