LexThe TAMIL NADU CULTIVATING TENANTS (PAYMENT OF FAIR RENT) ACT, 1956 ACT XXIV OF 1956
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU CULTIVATING TENANTS
(PAYMENT OF FAIR RENT) ACT, 1956
ACT XXIV OF 1956
(As Subsequently Amended)*
An Act to provide for the payment of Fair 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 (Madras 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 Tirunelveli district it shall come into
force on the 2nd March, 1960:
Provided further that in the added territories, it shall come into force on th e date
on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent
(Extension of Added Territotics) Act 1963, is first published in the Fort St.George
Gazette:
Provided also that in the Kanyakumari district, it shall come into force o n the 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.
*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;
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*See Table of Amendments
(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 if 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 sublet 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) ‗land owner‘ means the owner of the land let for cultivation by a
cultivating tenant and includes the heirs, assignees, legal representatives of such
owner, or person deriving 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.
*3. Rights and liabilities of cultivating tenant and land - owner.- (1) With
effect from the 1 st day of October, 1956, every cultivating tenant shall be bound to pay
to the land owner and every land owner shall be entitled to collect from the cultivating
tenant fair rent payable under this Act:
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*See Table of Amendments
Provided that the provisions in respect of fair rent shall apply also in respect of
crops which are normally due for harvest during the month of September in the year
1956.
Explanation I. - In relation to the She ncottah taluk of the Tirunelveli district, the
expression 1 st day of October, 1956‘ and ‗month of September in the year 1956‘
occurring in this sub-section shall be constructed respectively as referring to 2 nd March,
1960, and months of January and February in the year 1960;
Explanation II.- In relation to the added territories—
(i) the expression ‗1 st day of October, 1956‘ occurring in this sub -section
except in Explanation I shall be construed as referr ing 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 C ultivating Tenants Protection and Pay ment 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 capita l 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 cultivatin g 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 Add ed 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 const rued 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 gros s 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 th e 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 remunerati on 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 o f the cultivating
tenant in any one of the above ways.
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*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 specifie d 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 P rotection 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 referri ng 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 gro ss
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 a pplication 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 pro duce 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 determine d 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.
7. Sharing of produce. Where the produce to be shared is grain the sharing
shall be done at the threshing floor on which the threshing took place; and no portion of
the produce shall be remo ved therefrom at such time or in such manner as to prevent
the due division thereof at the proper time.
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*See Table of Amendments
8. Construction of Rent Courts and Rent Tribunal. - (1) The Government may,
by notification, constitute Rent Courts and Rent Tribunals for th e purposes of this Act,
with jurisdiction over such areas as may be specified in the notification.
(2) Every Rent Court shall be presided over by an officer not below the rank of
Tahsildar and every Rent Tribunal shall be presided over by an officer not below the
rank of District Munsif.
9. Application to Rent Courts and appeals to Rent Tribunals. - (1)
Notwithstanding any agreement between a landowner and the cultivating tenant, or any
decree or order of a Court, either party may apply to the Rent Court for fixation of fair
rent or for deciding any dispute arising under this Act.
(2) From every decision of a Rent Court, an appeal shall, within such time as
may be prescribed, lie to the Rent Tribunal whose decision shall be final, subject to
revision, if any, under section 11.
SECTION 9 – NOTES
Fair rent under the Act has got to be fixed by the Rent Court or the Rent Tribunal
as the case may be, in terms of the formula laid down by section 4 of the Act. Where
the land in question is of a category, which falls under section 4 (1) (iii), the f air rent for
the land is to be fixed as equivalent to 33 1/3 per cent of the normal gross produce or its
value in money. Normal gross produce in respect of any land is defined under the Act
to mean the produce which would be obtained, if the rainfall and the seasons were of
the normal character, from lands of the same class a the land in question, similarly
situated and possessing similar advantages. In order to enable the Rent Court and the
Rent Tribunal determine the fair rent for any land on the above basis, the legislature had
made appropriate provision in the Act. It had also empowered the rule making authority
to lay down guidelines in this regard in rules to be prescribed for the purpose. The
relevant rules framed by the State Government under the Act make more elaborate
provision for enabling the Rent Court and Rent Tribunal to determine the fair rent it
particular cases by reference to relevant data. The Rules also confer requisite powers
on the Rent Court and Rent Tribunal, by the exercise of which, they could get at the
relevant data and information. The rules make it quite clear that the be all and end all of
the power , both of the Rent Court and Rent Tribunal, is to fix a fair rent on the basis of
all available and relevant data. Both the statute and statutory rules have been made to
the end that these two authorities are supplied with such data without the inhibitions of
any formalisms of procedure cluttering up the enquiry. The provisions rel ating to the
furnishing of figures of average market prices of the main crops of a district, gazetting
them in the District Gazette and making available the copies of the District Gazette to
the Rent Court and Rent Tribunal, have all got to be understood o nly from the stand
point that the task of these two authorities is essentially to get at the requisite material to
arrive at the fair rent in the given case. The proceedings for fixation of fair rent and the
subsequent enquiry as such cannot be likened in all respects to a judicial proceedings
before a common law court. Where the Rent Tribunal had remanded the whole case for
no other reason that the landlord, for his part, did not produce before the Tribunal the
District Gazette containing the data of mar ket prices, held, that finding fault with the
landlord for not producing a copy of the gazette is an act of the Rent Tribunal which is
founded on a thorough misconception of what its role is under the statutory scheme of
things. Likewise, the Tribunal cou ld not remand the case on the ground that the
landlord had not called in the testimony of neighbowring property owners and cultivators
of adjacent lands. Even if the parties do not call them to the witness box, it would still
be the bounden duty of the Rent Court or the Rent Tribunal to call for their evidence, if it
thinks it would be relevant and it would assist the determination of the fair rent in given
case. Govinda Gounder v. Deenappa Gounder, AIR 1981 Mad 240.
10. Costs. - The cost of and incident to all proceedings before the authorities
referred to in section 8 and 9 shall be in the discretion of the respective authority.
11. Revision by High Court. - The Rent Tribunal shall be deemed to be a Court
subordinate to the High Court for the purposes of section 115 of the Code of Civil
Procedure, 1908 (Central Act V of 1908), and its orders shall be liable to revision by the
High Court under the provisions of that section.
12. Collector to publish list of prices. - (1) The Collector of the district sh all
publish in the month of January, April, July and October every year in the District
Gazette the average market price during the immediately preceding three months at the
headquarters of each taluk of the main crops of the district.
(2) Where, for the payment of fair rent by a cultivating tenant to whom the
provisions of this Act apply, the cash value of any crop has to be fixed, such value shall
be fixed-
(a) in the case of any of the crops referred to in sub -section (1), the market price
at the talu k headquarters last published under sub -section (1) before the date when
such fair rent became payable;
(b) in the case of any other crop as may be agreed upon between the landowner
and the cultivating tenant and in the case of disagreement, as may be dee med fair and
reasonable by the Rent Court.
13. Act to override contract and other laws, etc, - The provisions of this Act
shall have effect notwithstanding anything to the contrary contained in any pre -existing
law, custom, usage, agreement or decree or order of a Court.
*14. Surrender of land in excess of certain extent. – The provisions of this Act
shall not apply to any cultivating tenant who owns, or who cultivates either as tenant or
as owner or as both, an extent of land in excess of one veli (6-2/3 acres) of wet land.
(2) Any cultivating tenant who owns, or who cultivates either as tenant or as
owner or as both, an extent of land exceeding that specified in sub -section (1) but not
exceeding 10 acres of wet land may, by notice in writing addresse d to the landowner,
relinquish at the end of the agricultural year ending in 1957 the tenancy, in respect of
such portion of the land aforesaid, as may be necessary to entitle him to all the benefits
of a cultivating tenant under this Act. Such cultivatin g tenant shall be entitled to all the
benefits of this Act till the end of the agricultural year ending in 1957 and shall thereafter
be entitled to all the rights of a cultivating tenant under this Act only on such
relinquishment.
Expalanation I – In rela tion the Shencottah taluk of the Tirunelveli district, the
expression ‗the agricultural year ending in 1957‘ in both places where it occurs in this
sub-section shall be construed as referring to ‗the agricultural year ending in 1962‘.
Explanation II – In relation to the added territories, the expression ‗the agricultural
year ending in 1957‘ wherever it occurs in this sub -section except in Explanation I shall
be construed as referring to ‗the agricultural year ending in 1964.
Explanation III – In relation to the Kanniyakumari district, the expression ‗the
agricultural year ending in 1957‘ wherever it occurs in the sub -section except in
Explanations I and II shall be construed as referring to ‗the agricultural year ending in
1979‘.
(3) For the purpose of computing the land owned or cultivated by a person all the
lands owned or cultivated by him whether wet, dry or garden shall be taken into account
and 3 acres of dry land or 1-1/2 acres of garden land shall be taken as equivalent to one
acre of wet land.
*15. Exemption. - Nothing in this Act shall apply to any land during the period
when such land is used for raising a s main crop, […….] plantation or betel vines or any
crop which does not give any yield for a continuous period of two years or more from
the t ime of cultivation or to any contract merely for collection or harvesting of the
produce of any kind.
16. Act to over-ride Madras Act XIV of 1952.- If any provisions contained in the
Tanjore Tenants and Pann aiyal Protection Act, 1952 (Madras Act XIV of 1952), is
repugnant to any provisions contained in this Act, the latter provisions shall prevail and
the former provision shall, to the extent of the repugnancy, be of no effect.
____________________________________________________________________
*See Table of Amendments
*17. Power to make rules. - (1) The Government may, [….] make rules to carry
out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for
(a) the procedure to be followed by Rent Courts and Rent Tribunals;
(b) the matters to be taken into account in determining normal gross produce;
(c) the fees to be paid in respect of applications and appeals under this Act;
(d) the time within which appeals may be presented under this Act;
(e) the notification of prices of agricultural or horticultural produce for the purpose
of fixing the cash value of the fair rent.
(3) (a) All rules made under this Act shall be published in the Fort St.George
Gazette and unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to
come into force on a particular day com e into force on the day on which they are
published.
(4) Every rule made or notification issued under this Act shall, as soon as
possible after it is made or issued, be placed on the table of both Houses of the
Legislature, and if, before the expiry of th e session in which it is so placed or the next
session, both Houses agree in making any modification in any such rule or notification
or both Houses agree that the rule or notification should not be made or issued, the rule
or notification shall thereafter have effect only in such modified form or be of no effect,
as the case may be, so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or
notification.
18. Power to remove difficulties.- If any difficulty arises in giving effect in the
provisions of this Act, the Government may, as occasion may require, by order, do
anything which appeals to them necessary for the purpose of removing the difficulty. A
copy of every order passed under this section shall be laid before each House of the
Legislature.
*19. Act no t to apply to lands ow ned by Central Government, State
Governments, etc. - Nothing contained in this Act shall apply to any land owned or
taken on lease by :-
(i) the Central Government or any State Government or any local authority; or
(ii) any company or corporation owned or controlled by the Central Government
or any State Government; or
(iii) any University constituted by any law.
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*See Table of Amendments