The GANJAM SMALL HOLDERS RELIEF ACT, 1947

Short title
and extent
Definitions
133
ORISSA ACT XXX OF 1947
THE GANJAM SMALL HOLDERS RELIEF
ACT, 1947
[Received the assent of the Governor on the 20th November 1947,
first published in the Orissa Gazette, dated {he
5th December 1947]
AN Acer TO PROVIDE FOR THE TEMPORARY RELIEF OF INDEBTED
SMALL HOLDERS IN THE DISTRICT OF GANJAM IN THE
PROVINCE OF ORISSA
WHEREASit isexpedientto providefor the temporaryreliefof indebted small holders in the district of Ganjam in the
Province of Orissa ;
It is hereby enacted as follows
1. (l) This Act may be called the Ganjam Small Holders
Relief Act, 1947.
(2) It extendsto the whole of the district of Ganjam in the
Province of Orissa.
(3) It shall come into force at once.
2. In this Act unless there is anything repugnant in the subject
or context—
(l) 'rent' means rent as defined by the Madras Estates
Land Act, 1908, or quit-rent, jodi, kattubadi, poruppu
or the like, payableto the landholder of an estate as
defined by the Madras Estates Cand Act, 1908,MadrasAct
whether a decree or order of a Civil or Revenue lof 1908.
Court has been obtained therefor or not, and includes
interest payable thereon but does nct include costs
incurred in respect of the recoverythereof through a
Civil or Revenue Court or the share of the land cess
recoverable by the landholder under section 88 of the
Madras Local Boards Act, 1920 ; Madras Act
XIVof 1920
(2) 'small holder' means a person who holds land not
exceedingsix acres of wet land or twelve acres of
other land.
Explanation(1)—The expression 'person' includes an
undivided Hindu family.
Explanation(2)—For the purposesof this clause,in the case
of a personwho holdswet land aswell asother land, oneacreof
wet land shall be deemed to be equal to two acres of other land
and Vice versa.
3. (1) All rent payable by a small holder to a landholderConditional
dischargeof or an under-tenureholderunder the Madras EstatesLand Act,
1908, which has accrued for the faSli year 1354and prior faslisMadrasActarrear of
rentdie to andwhichis outstandingat the date of the commencementof I Of1908•landholders, this Act shall be deemed to be discharged whether the rent beetc.
due as such or whether a decree has been obtained therefor :
Provided that where the small holder liable to pay rent does
not, on or before the 31st January 1949, pay up all arrears of rent
accrued in respect of any holding for faslis 1355and 1356,the
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134
arrears of rent for fasli 1354. and prior faslis which were
outstanding in respect of the same holding on the date f the
commencement of this Act shall be deemed to be discharged only
in the same proportion as the rent due for faslis 1355and 1356
which is paid up by the small holder .bears to the rent due for
thosetwo faslis :
Provided further that no small holder shall be entitled to the
benefit of this sectiom unless he shall have paid in respectof
the holding, the rent due for fasli 1356 on or before the 31st
January 1948.
Illustrations—(a A small holder is in arrear at the commen-
cementof this Act in respectof rent for a particular holding for
fasli 1354 and prior faslis in the sum of Rs. 500 and is in arrear
on that date in respect of rent for the same holding for faslis 1355
and 1356 the rent for each fasli being Rs: 10'. Within the •31st
January 1948 he ays the rent for fasli 1356 and within the 31st
January 1949, he pays the rent for fasli 1355. The arrears of rent
of Rs. 500 which were outstanding at the commencement of this
Act will bedischarged.
(b) A sum of Rs. 500 representing the arrears of rent in
respect of a particular holding for fasli 1354 and prior faslis and
the rents for fas!is 1355and 1356for that holding are in arrear
and outstanding at the commencement of this Act, the rent for
each fasli being Rs. 100. The small holder pays the landholder
within the 31st January 1948 the rent for fasli 1356 but fails
to pay within the 31st January 1949, any portion of the rent for
fasli 1355. Only a sum 'Jf Rs. 250 or one-half of the rent of
faslisprior to and inclusive of fasli 1354 will be deemed to be
discharged.
(c) In the same case, the small holder does not pay the
landholder within the 31st January 1948 the whole of the rent
for fasli 1356. No portion of the arrears for fasli l.' 54 and prior
faslis is discharged, and the small holder loses the b-nefit of
this section.
(d) In the same case, the small holder pays the landholder
within the 31st January 1948 the rent for fasli 1356 but pays
within the 31st January 1949 only Rs. 50s being half the rent
for fasli 1355. He has thus paid Rs. 151) out of Rs 200 bemg
the rent of both the faslis 1355 and 1356 before the 31st January
1949. A sum of Rs 375, or. three-fourths of the rent of faslis
prior- to • and inclusive of fasli 1354 wi:l be allowed to be
discharged
(2) Nothing contained in sub-section (1' shall be deemed to
effect a, discharge of arrears of rent wh'ch accrued due for fasli
1354 if proceedings for the recovery of such arrears stood stayed
by an Act of the Legislature or by an order of a Court or if such
proceedings .T instituted, would have stood so stayed But the
arrear of rent for fasli 1354 shall not be recoverable until the 31st
January 1948 or if the rent for fasli 1356 is paid before that date,
until the 31st January 1949.
(3)Notwithstandinganythingto the contrary in any agree-MadrasActment or in section64 of the Madras EstatesLand Act, 1908.any I of 1908.
payment of rent made by a small holder after the commencement
of this Act shall be credited towards the rent due by him for
fasli 1356 im the first instance and for fasli 1355 in the next
instance, and not towards the rent due for any previous fasli.
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135
(4) Everysmallholder shallbe at liberty to pay into Court
anyamounttowardstherentdueor claimedto . be due by himfo fas11S1356 or 1355or both and thereupon the Court shall,
after notice to the Lndholder or unoer-tenure holder, as the case
may be,apply theprosislons of this Act •and determinewhether
the wholeor only a portion of the rent for the fasl s aforesaid
hasbeenpaid by the small holder, and alao the. extent or the
remainingliability, if any, of the small holder for rent under
the provisions of this Act.
Explanation—Forthepurposesof this sub-section,"Court'shall mean the Collector referred to in sub-section (l) or section
Madras Act209 of the Madras Estates Land Act, 1908. 1 of 1908.
4. Notwithstahding anything. contained in ths Act, aLandholder
to beentitledlandholder or un er-tenure holder under the Madras Estates Land
to recover Act, 1908shal be entitled to recover, in addition to any sumland cess and rec»ve:able by him under section 3—costs.
(a)thelandcess,if any, paid by him and recoverableunder section 88 of the Madras Local Boards Act, Madras ActXIV of 1920.
1920;
(b)the land revenueandwater cess,if any, paid by him
to the Provincial Government which the small
h61derwas bound to pay by virtue of any law,
custom, contractsor decree of Court governing the
tenancy; and
G) thecostsawardedto him in any decreefor rent
obtained by him.
Extensionof 5. Notwithstanding anything contained in the Madraslimitfttion EstatesLandAct,1908,orin anylawof limitationor procedureMadrasActlof 1908.
in force for the time being no suit or execution proceedings info suits,
etc for rent
in certain
cases.
Court's
respct of arrearso remaccruedof tasli 1354or any ptior fasli
whivh,undertheexistinglaw, wouldbecome barred betweenthe
1sti-ebruary1947andthe 31stJanuary 1948 sl:ail be so barred
and•the landholder or the under-tenure holder, as the case may
be,shallbeeouiedto file a suit or institute executionproceed-
ingsfor recoverythereof,on or beforethe30th April 1948; andin caseswhere the rent due for fasti 1356 has been paid before
the31stJanuary19 8 the period of limitation for any suit or
executionproceedingsfor the recoveryof any arrears of. rent
which,undertheexistinglaw,wouldbecomebarredbetweenthe
1st F.bruary 1947 and the 31st January 1949, shall stand
extended until the 30th April 1949:
that where on the- 30th Aprii 1948, or the 30th
April 1949asthecasemaybe,an ap lication under sub-sectin
(4 of seclion3 is pendingin any Court, the period of limitation
prescribedbyt:is sectionshall st•nd extendeduntil the expiry
of a periodof two monthsfromthedateof the order on such
application.
6 If in any proceedingsunder this Act a question arises
decisionto whethera personis a smallholder,suchquestionsh II be decidedbe fin•l in bythe Courtconcernedin procedingsundersectiono to. 5cert in cases. the decision of the said Court Siall, notwithstanding anything
contained.inany law for beingin force,befinal.
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