LexThe TAMIL NADU PUBLIC TRUSTS (REGULATION OF ADMINISTRATION OF AGRICULTURAL LANDS) ACT, 1961.
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU PUBLIC TRUSTS
(REGULATION OF ADMINISTRATION OF
AGRICULTURAL LANDS) ACT, 1961.
(ACT 57 OF 1961)
(As subsequently amended)
An Act to provide for regulating the administration, either by personal cultivation or by
lease, of agricultural lands held by public trusts and for regulating the relation of public
trusts and their cultivating tenants in the State of Tamil Nadu.
WHEREAS it is expedient to provide for regulating the administration, either by
personal cultivation or by lease, of agricul tural lands held by public trusts and for regulating
the relation of public trusts and their cultivating tenants in the State of Tamil Nadu;
AND WHEREAS such regulation will best subserve the common good and increase
agricultural production;
BE it enacted in the Twelfth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu
Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification,
appoint.
*2. Definitions.- In this Act, unless the context otherwise requires,-
(1) ―agriculture‖ includes-
i. horticulture;
ii. the raising of crops, grass or garden produce;
iii. the use by an agriculturist of land held by him or part thereof for grazing;
iv. the use of any land for the purpose of raising manure crops;
v. dairy farming;
vi. poultry farming;
vii. livestock breeding;
viii. growing of trees;
____________________________________________________________________
*See Table of Amendments
and ―agricultural‖ shall be construed accordingly;
(2) ―authorized officer‖ means any Revenue Officer not below the rank of Deputy
Collector or Revenue Di visional Officer authorized by the Government by notification to
exercise the powers conferred on, and discharge the duties imposed upon, the authorized
officer under this Act for such area as may specified in the notification;
(3) ―co -operative farming s ociety‖ means a society registered under the Co -operative
Societies Act and consisting only of persons who have become members of that society with a
view to cultivate land belonging to a public trust in accordance with the provisions of this Act;
(4) ―Co-operative Societies Act‖ means the Act or Acts relating to co -operative societies
for the time being in force in the State of Tamil Nadu;
(5) ―cultivating tenant‖-
(i) means a person who contributes his own physical labour or that of any member of
his f amily 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; or
(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;
(iii) does not include a mere intermediary or his heir.
Explanation: For purposes of Chapter III and IV, a co -operative farming society shall be
deemed to be a cultivating tenant ;
(6) ―cultivating tenant‘s ceiling area‖ means five standard acres held by any person-
(a) (i) partly as cultivating tenant; and
(ii) partly as owner or possessory mortgagee; or
(b) wholly as cultivating tenant;
(7) ―date of the commencement of this Act‖ means the date appointed by the
Government under sub-section (3) of section 1;
(8) ―fair rent‖ means the rent payable under Chapter IV;
(9) ―forest‖ includes any waste land containing trees or shrubs;
(10) ―garden land‖ means dry land irrigated by lifting water from wells or other sources;
(11) ―Government‖ means the State Government;
(12) ―to hold land‖ with its grammatical variations and cognate expressions means to
own land as owner or to possess or enjoy land as possessory mortgagee or as cultivating tenant
or as intermediary or in one or more of those capacities;
(13) ―inam land‖ in any area in the State except the transferred territory-
(a) means any land the grant of which in inam has been made, confirmed or
recognized by the Government, and
(b) includes-
(i) any land in any village specified in S chedule I or in such other village or part thereof
as the Government may, by notification, from time to time, specify;
(ii) any land which is exempt either in whole or in part from payment of land revenue;
(iii) any land of which the land revenue alone o r portion thereof has been granted in
inam to any person, provided that such grant has been made, confirmed or recognized by the
Government; and
(iv) any inam constituting an estate under the Tamil Nadu Estates Land Act, 1908
(Tamil Nadu Act I of 1908);
but does not include any inam land on which full assessment of revenue has been
levied under the Tamil Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956);
(14) ―intermediary‖ means any person who, not being an owner or a possessory
mortgagee, has an interest in land, and is entitled, by reason of such interest, to possession
thereof but has transferred such possession to others;
(15) ―land‖ means agricultural land, that is to say, land which is used or capable of
being used for agricultural pur poses or purposes subservient thereto and includes forest,
pasture land, plantation, orchard and tope, but does not include house site or land used
exclusively for non-agricultural purposes;
(16) ―normal gross produce‖ in respect of any land means the pro duce 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;
(17) ―notified date‖ means the date specified in the noti fication issued by the
Government under section 6;
(18) ―orchard‖ means an enclosure or assemblage of fruit or nut -bearing trees,
constituting the main crop therein, whether of spontaneous or artificial growth and includes
nandavanams, but does not includ e trees on such bunds as are not within or ad junct to such
enclosure or assemblage;
Explanation.- The expression ―fruit or nut bearing trees‖ shall not include plantain
trees.
(19) ―owner‖ means -
(i) any person holding land in severalty or jointly or i n common under a ryotwari
settlement or in any way subject to the payment of revenue direct to the Government, or
(ii) a landholder as defined in the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I
of 1908) or a ryot as defined in that Act, or
(iii) an inamdar not being a landholder, defined as aforesaid;
(20) ―paid‖ includes ―delivered‖
(21) ―person‖ includes any public trust, company, firm, any farming society or
association of individuals, whether incorporated or not ;
(22) ―personal cultivation ‖ with its grammatical variations and cognate expression s, in
relation to a public trust, includes cultivation by hired labour or with hired stock or by
servants on wages payable in cash or kind but not as a share of produce;
(23) ―plantation‖ means any l and used for growing all or any of the following, namely,
cardamom, cinchona, coffee, rubber or tea;
(24) ―possessory mortgagee‖ means a mortgagee entitled to the possession of the whole
or part of the mortgaged property and to receive the rents and profi ts accruing from such
property or any part of such rents and profits and to appropriate the same in lieu of interest or
in payment of the mortgage money or partly in lieu of interest or partly in payment of the
mortgage money;
(25) ―public trust‖ means a trust for a public purpose of a religious or charitable, or of
an educational nature, and includes-
(i) any temple, math, mosque, church or other place by whatever name known, which is
dedicated to, or for the benefit of, or used as of right by, any commu nity or section thereof as a
place of public religious worship;
(ii) any charitable or educational institution of a public nature;
(26) ―Register‖ shall have the same meaning as in the Co-operative Societies Act;
(27) ―Rent Court‖ and ―Rent Tribunal‖ in relation to any area means the Rent Court and
the Rent Tribunal respectively constituted under this Act for such area;
(28) ―standard acre‖ means-
(I) in any area in the State, except the transferred territory-
(a) 0.8 acre of wet land assessed to land revenue at any rate above Rs.15 per acre; or
(b) 1 acre of wet land assessed to land revenue at the rate above Rs.10 and above but
not exceeding Rs.15 per acre; or
(c) 1.2 acres of wet land assessed to land revenue at the rate of Rs.8 and above but
below Rs.10 per acre; or
(d) 1.6 acres of wet land assessed to land revenue at the rate Rs.6 and above but below
Rs.8 per acre; or
(e) 1.75 acres of wet land assessed to land revenue at the rate Rs.4 and above but below
Rs.6 per acre; or
(f) 2 acres of wet land assessed to land revenue at any rate below Rs.4 per acre; or
(g) 2,5 acres of wet land assessed to land revenue at the rate Rs.2,00 and above per
acre; or
(h) 3 acres of wet land assessed to land revenue at the rate Rs.1.25 and above but below
Rs.2 per acre; or
(i) 4 acres of wet land assessed to land revenue at any rate below Rs.1.25 per acre;
(2) in the Kaniyakumari district-
(a) 1 acre of registered wet land irrigated by any source forming part of, or benefited by,
any project; or
(b) 1.2 acres of registered dry land irrigated by any source mentioned in item (a); or
(bb) 1.6 acres of wet land irrigated by any Government source other than a source
mentioned in item (a); or
(c) 1.6 acres of dry land irrigated by any Government source other tha n a source
mentioned in item (a); or
(d) 4 acres of dry land unirrigated by any source mentioned in item (a) or by any other
Government source of irrigation;
Explanation I. - For the purpose of sub -clause (1) of clause (28), ―land revenue‖ shall
mean-
(i) in the case of any land in respect of which a ryotwari settlement is in force on the
date of the commencement of this Act, the ryotwari assessment payable on that date;
(ii) in the case of any inam land on which full assessment of revenue has been levie d
under the Tamil Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956), such
assessment;
(iii) in the case of any land [other than an inam land referred to in clause ii] in respect of
which a ryotwari settlement is not in force on the date of the commencement of this Act, but is
brought into force after that date but before the notified date, the ryotwari assessment payable
under such settlement after it is brought into force;
(iv) in the case of any land in respect of which a ryotwari settlement effected in
pursuance of section 22 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari)
Act, 1948 (Tamil Nadu Act XXVI of 1948) has not been brought into force before the notified
date, or in the case of any inam land, the land revenue noti fied by the Government in this
behalf with due regard to the highest rate of ryotwari assessment payable for any land of a
similar description and with similar advantages in the nearest ryotwari village;
Provided that no notification shall be issued under this clause, unless the persons likely
to be affected by such notification are given a reasonable opportunity to make representation
and adduce evidence in respect of the rates proposed to be specified in the notification.
Provided further that the land revenue notified by the Government under this clause
shall not be modified, notwithstanding that a different rate of assessment is fixed under —
(i) any settlement that may be brought into force; or
(ii) the Tamil Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956);
after the date of the publication of the said notification.
Explanation II—In sub-clauses (2) and (3) of clause (28) ―wet land‖ and ―dry land‖ shall
include inma wet land and inam dry land respectively.
Explanation III—For the purpose of sub clause (2) of clause (28) ―project‖ means any of
the following irrigation systems, namely:-
(i) Kodayar project system proper;
(ii) (a) Pazhaayar system;
(b) Valliar system;
(c) Thirparappu Right Bank channel and Left Bank channel system;
(d) Champakulam system;
(iii) Alathuraiyar system;
Explanation IV:-- In any area in the State, except the transferred territory, one acre of
dry land—
(a) irrigated by direct flow of water from any Government source of irrigation
supplying water—
(i) for two crops and above, shall be deemed to be equivalent to one acre of wet
land assessed to land revenue at the rate of Rs.8 and above but below Rs.10 per acre;
(ii) for only one crop, shall be deemed to be equivalent to one acre o f wet land
assessed to land revenue at the rate of Rs.4 and above but below Rs.6 per acre;
(b) irrigated by lifting water from any Government source of irrigation shall be
deemed to be equivalent to one acre of wet land assessed to land revenue at the ra te of Rs.4
and above but below Rs.6 per acre;
Provided that the Government may, in respect of any particular area, by notification,
direct that 1 acre of dry land irrigated from any Government source of irrigation shall be
deemed to be equivalent, to any specified extent of any of the categories of land specified in
sub-clause (1) of clause (28) on the ground of quality of the soil or on any other ground;
Provided further that such notification shall not come into force unless it is approved by
the Legislature.
Explanation V.- Where the land held by a person consists of more than one of the kinds
of the land specified in clause (28), the extent of the land held by him shall, for the purposes of
this Act, be reduced to standard acres calculated according to the proportions specified in
clause (28);
(29) ―tope‖ means any land containing groups of fruit or nut -bearing trees including
palmyrah trees, constituting the main crop in such land, whether of spontaneous or artificial
growth and includes orchards, but does not include trees on such bunds as are not within or
adjunct to such groups of trees;
Explanation- The expression ―fruit or nut bearing trees‘ shall not include plantain trees.
(30) ―transferred territory‖ means the Kanyakumari district and Schencottah taluk of
the Tirunelveli district.
(31) ―trustee‖ means a person in whom either alone or in association with other persons
the trust property of any public trust is vested or any person who for the time being, either
alone or in association with so me other person or persons, administers the trust property of
any public trust and includes—
(i) in the case of a math, the head of such math‘
(ii) in the case of a wakf, a mutawalli of such wakf;
(iii) in the case of a society registered under the Societies Registration Act, 1860 (Central
Act XXI of 1860), its govering body‘
(iv) in the case of any other public trust, the person legally competent to act for such
public trust.
3. Act to override other laws, contracts, etc, - The provisions of this A ct shall have
effect notwithstanding anything inconsistent therewith contained in any other law for the time
being in force, or any custom, usage or contract or decree or order of a Court or other
authority.
CHAPTER II
REGULATION OF CULTIVATION OF LANDS HELD BY PUBLIC TRUSTS
4. Regulation of cultivation of land held by public trust. - On and after the date of
the commencement of this Act, no public trust shall personally cultivate, or lease out, land
held by such trust except in accordance with the provisions of this Act.
5. Ceiling on personal cultivation by public trusts. - (1) Except as otherwise provided
in this Act, no public trust shall personally cultivate land in excess of twenty standard acres.
(2) Nothing in this section shall be deemed to author ize any public trust to evict any
person holding land as cultivating tenant under such public trust on the date of the
commencement of this Act, except in accordance w ith the provisions of sections 7 , 15 (2) and
19.
6. Land under personal cultivation of p ublic trust in excess of twenty standard
acres to be leased out. - Where on the date of the commencement of this Act, any public trust
personally cultivates land in excess of twenty standard acres and continues to so cultivate that
land on such date as may be specified in the notification issued by the Government in this
behalf, the trustee of the public trust shall, within such period as may be prescribed, from the
date specified in such notification, lease out the lands in such excess to-
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(iii) any person who not being already a cultivating tenant executes an agreement with
the public trust that he will contribute his own physical labour or that of any member of his
family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co -operative
farming society, together with the other land, if any, already held by such person, shall not
exceed in the aggregate the cultivating tenant‘s ceiling area.
*6-A. Cultivating tenant’s ceiling area of a person to include his spouse’s minor
son’s, or unmarried daughter’s holding. - In calculating the extent of the cultivating tenant‘s
ceiling area of a per son for the purposes of this Act, the extent of land held as cultivating
tenant or as owner or as possessory mortgagee by such person, his spouse, minor son and
unmarried daughter shall be taken into account and accordingly the aggregate of the extent of
land so held by such person, his spouse, minor son and unmarried daughter shall not exceed
five standard acres.
7. Possession of land held by cultivating tenant to revert to public trust in certain
cases.- (1) Where, on the notified date, any cultivating t enant under any public trust is in
possession of land in excess of the cultivating tenant‘s ceiling area, the possession of the land
which is held by the public trust and which is in excess of the cultivating tenant‘s ceiling area
shall, with effect from the date aforesaid, revert to the public trust subject to such rules as may
be made in this behalf.
(2) Where, on or after the notified date, any cultivating tenant under any public trust
acquires by sale, lease, gift, exchange, surrender, agreement, settl ement or otherwise, and land
which together with the other land, if any, already held by him, exceeds in the aggregate the
cultivating tenant‘s ceiling area, the possession of the land which is held by the public trust
and which is in excess of the cultiva ting tenant‘s ceiling area shall, with effect from the date of
such acquisition, revert to the public trust, subject to such rules as may be made in this
behalf.
____________________________________________________________________
*See Table of Amendments
(3) The cultivating tenant concerned shall have the option to select the land the
possession of which shall revert to the public trust under sub -section (1) or sub -section (2) as
the case may be:
Provided that such option shall be subject to such conditions as may be prescribed.
Explanation- For the purposes of this section and sections 10 and 11, ‗cultivating
tenant‘ shall include any tenant who is in actual possession of the land but does not contribute
his own physical labour or that of any member of his family in the cultivation of such land.
*8. Public trust to lease out land reverted under section 7, ect. - Where any land
reverts to the public trust under section 7 or is resumed under section 19, or where any land is
acquired by sale, gift, exchang e, surrender, agreement, settlement or otherwise, the trustee of
the public trust shall, within such period as may be prescribed, lease out such land to –
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(iii) any person who not being already a cultivating tenant executes an
agreement with the public trust that he will contribute his own physical labour or that of any
member of his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co -operative
farming society, together with the other land, if any, already held by such person, shall not
exceed in the aggregate the cultivating tenant‘s ceiling area.
9. Furnishing of returns by public trust. - (1) The trustee of every public trust shall,
within ninety days from the date of the expiry of the period prescribed under section 6, furnish
to the authorized officer a return containing such particulars as may be prescribed.
(2) If, on or after the notified date, any land—
(i) reverts to any public trust under section 7 or sub-section (2) of section 15 ‗ or
(ii) is resumed by any public trust under section 19 ; or
(iii) is acquired by any public trust by sale, gift, exchange, sur render, agreement,
settlement or otherwise;
then the trustee of the public trust shall, within ninety days from the date of the expiry
of the period specified in section 8, furnish to the authorized officer a return containing such
particulars as may be prescribed.
____________________________________________________________________
*See Table of Amendments
10. Funishing of returns by cultivating tenant. - (1) Every cultivating tenant under
any public trust who, immediately before the notified date, is in possession of land in excess of
the cultivating tenant‘s ceiling area, shall, within ninety days from the notified date, furnish to
the authorized officer a return containing such particulars as may be prescribed.
(2) If, on or after the notified date, any cultivating tenant under any public trust
acquires by sale, lease, gift, exchange, surrender, agreement, settlement, or otherwise, any
land which, together with the other land, if any, already held by him exceeds in the aggregate
the cultivating tenan t‘s ceiling area, then, he shall, within ninety days from the date of such
acquisition, furnish to the authorized officer a return containing such particulars as may be
prescribed.
11. Collection of information. - (1) If the trustee of any public trust or any cultivating
tenant under a public trust fails to furnish the return under section 9 or section 10, as the
case may be, or furnishes an incorrect or incomplete return under that section, the authorized
officer may, by notice, require such trustee or cultivating tenant, as the case may be, to furnish
the return or the additional particulars, as the case may be, within the time specified in the
notice or within such further time not exceeding thirty days as the authorized officer may, in
his discretion, allow.
(2) (a) Where the trustee of any public trust or any cultivating tenant to whom notice
under sub-section (1) has been served, fails to furnish the return or the additional particulars,
as the case may, be within the time specified in that notice, or within the further time, if any,
allowed by authorized officer under sub -section (1), the authorized officer may obtain, in such
manner as may be prescribed, the necessary information either by himself or through such
agency as he thinks fit.
(b) The auth orized officer shall, as soon as may be, after obtaining the information
under clause (a), give to the trustee of the public trust or the cultivating tenant concerned a
reasonable opportunity of making his representation and of adducing evidence, if any, i n
respect of such information and consider any such representation and evidence and pass such
orders as the said officer deems fit.
12. Authorized officer to take action in certain cases. - Where, on the basis of the
return furnished under section 9 or sec tion 10 or under sub -section (1) of section 11 or the
additional particulars, if any, furnished under that sub -section, or on the basis of the
information obtained by the authorized officer under clause (a) of sub -section (2) of section 11
and the orders p assed on the representation and evidence, if any, under clause (b) of sub -
section (2) of section 11, the authorized officer is satisfied that any land of the public trust has
not been leased out in accordance with the provisions of sections 6, 8 and 15 (3) , he shall –
(a) in any case, where it appears that the failure to lease out the land is due to the non -
availability of persons to take on lease the land concerned, make an enquiry into the matter
and submit a report containing such particulars and to suc h authority as may be prescribed;
and
(b) in any case where he is satisfied that the failure to lease out the land is not due to
the non -availability of persons to take on lease the land concerned, choose, subject to such
conditions as may be prescribed, one or more persons willing to cultivate such land and direct
the trustee of the public trust concerned to lease out such land to the person or persons
aforesaid within the prescribed period:
Provided that the extent of the land so leased out to any one p erson together with the
other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s
ceiling area.
13. Permission to public trust for personal cultivation in certain cases. - (1) The
authority prescribed under clause (a) of section 12 may, after receiving the report referred to in
that clause and after making such enquiry as it may consider necessary, submit the report
together with its recommendation to the Board of Revenue.
(2) The Board of Revenue may, after rece iving the report and the recommendation
referred to in sub -section (1) and after making such further enquiry as it may consider
necessary-
(a) in any case where it is satisfied that the failure to lease out the land is due to non -
availability of persons to take on lease the land concerned, permit the public trust to personally
cultivate the land ; and
(b) in any case where it is satisfied that the failure to lease out the land is not due to the
non-availability of persons to take on lease the land conce rned, instruct the authorized officer
to choose one or more persons willing to cultivate such land and to direct the trustee of the
public trust concerned to lease out such land to the person or persons aforesaid within the
prescribed period; and the authorized officer shall give effect to such instruction:
Provided that the extent of the land so leased out to any one person together with the
other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s
ceiling area.
14. Authorized officer to choose to cultivate land mismanaged by public trusts. -
(1) If it appears to the authorized officer that any land which is intended to be personally
cultivated by any public trust-
i. has remained uncultivated for any two consecutive years; or
ii. has not been used fully and efficiently for the purpose of agriculture through
the default of the public trust ; or
iii. has been neglected or mismanaged, by the public trust as a result of which,
the cultivation of such land has seriously suffered,
the authorized officer shall, subject to such conditions as may be prescribed, choose
one or more persons willing to cultivate such land and direct the trustee of the public trust
concerned to lease out such land to the person or pe rsons aforesaid within the prescribed
period:
Provided that the extent of land so leased out to any one person, together with the other
land, if any, already held by such person, shall not exceed in the aggregate the cultivating
tenant‘s ceiling area.
(2) If any person to whom any land held by the public trust has been leased out
in pursuance of an agreement executed by him under section 6 (iii), 8 (iii) or 15 (3) (iii) does
not contribute his own physical labour or that of any member of his family in t he cultivation
of the land so leased out or if such person contravenes any of the provisions of such
agreement, the authorized officer shall, subject to such conditions as may be prescribed,
choose one or more other persons willing to cultivate such land a nd direct the trustee of the
public trust concerned to lease out such land to the other person or persons aforesaid within
the prescribed period:
Provided that the extent of land so leased out to any one person together with
the other land, if any, alre ady held by him shall not exceed in the aggregate the cultivating
tenant‘s ceiling area.
*14-A. Special powers of the authorized officer. (1) Notwithstanding anything
contained in this Chapter, the authorized officer may, either suo motu or on applicatio n, call
for and examine for the purpose of this Chapter any record of the public trust and if, on such
examination, the authorized officer is satisfied that in respect of any land held by the public
trust-
(i) the public trust has failed to lease out the land in accordance with the
provisions of sections, 6, 8 and 15(3), or
(ii) any lease by the public trust under this Chapter is not bona fide, or
(iii) any direction given by him under clause (b) of section ( 12) or clause (b) of
sub-section (2) of se ction 13, or sub -section (1) or sub -section (2) of section 14, has not been
complied with, or
(iv) the public trust has failed to evict any person, not being a cultivating tenant,
in occupation of the land without proper authority from such public trust,
he may, after giving notice to the trustee of the public trust and the other persons likely
to be affected, pass an order directing the trustee to lease out the land within the prescribed
period to any one of the persons from the list furnished by him to the trustee concerned:
Provided that the extent of land so leased out to any such person, together with the
other land, if any, already held by such person, shall not exceed in the aggregate the
cultivating tenant‘s ceiling area.
(2) The list mentioned in sub-section (1) shall contain only persons who –
(a) are already cultivating tenants; or
(b) if they are not already cultivating tenants, shall execute agreements with the public
trust that they will contribute their own physical labour or that of any member of their family
in the cultivation of the land so leased out.
____________________________________________________________________
*See Table of Amendments
(3) If the authorized officer is satisfied either suo motu or on application that in respect
of any land held by the public trust –
(a) the trustee of the public trust has not complied with any direction issued under sub -
section (1); or
(b) the person to whom the land has been leased out in pursuance of such direction
does not co ntribute his own physical labour or that of any member of his family in the
cultivation of the land so leased out to him; or
(c) if such person contravenes any of the provisions of the tenancy agreement; the
authorized officer shall, after giving notice to the said trustee and person, cancel the existing
lease, if any, and lease out the land himself on behalf of the public trust to-
(i) any person who is already a cultivating tenant; or
(ii) any person who, not being already a cultivating tenant, e xecutes an agreement with
the public trust that he will contributes his own physical labour or that of any member of his
family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person, together w ith the other
land, if any, already held by such person, shall not exceed in the aggregate the cultivating
tenant‘s ceiling area.
(4) Where any order has been passed by the authorized officer leasing out the land
under sub-section (3) on behalf of the p ublic trust, any person in possession of the land on the
date of such order, shall be deemed to have been evicted and the trustee of the public trust
shall take possession of the land immediately and deliver possession of such land to the person
to whom the land has been leased out under sub-section (3).
(5) (i) If the person who is deemed to have been evicted under sub -section (4), fails to
deliver possession of the land to the trustee or obstructs the trustee from taking possession of
such land; or
(ii) if the trustee fails to take possession of the land under sub -section (4), the
authorized officer may, after using such force as may be necessary for the purpose, take
possession of the land himself on behalf of the public trust and deliver possessio n of such land
to the person to whom the land has been leased out under sub-section (3)
(6) A lease by the authorized officer under sub-section (3) shall be deemed to be a lease
by the public trust and the public trust shall enter into a tenancy agreeme nt with the person to
whom the land has been leased out under sub -section (3) and the provisions of section 21 and
the other provisions of this Act shall accordingly apply.
15. Special provision in respect of lands already held by co-operative societies.- (1)
If on the notified date, any society registered under the Co -operative Societies Act (including a
society specified in Schedule II) holds on lease any land held by any public trust and any
member of such society cultivates such land, which together with the other land already held
by him, exceeds in the aggregate the cultivating tenant‘s ceiling area, the society shall within
such period as may be prescribed distribute the land in such excess to any other member:
Provided that the extent of land so distributed together with the other land already held
by such other member shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
(2) The extent of the land which could not be distributed in accordance with the
provisions of sub -section (1) shall revert to the public trust on the expiry of the period
prescribed under that sub-section.
(3) The public trust shall within the prescribed period lease out the lands reverted
under sub-section (2) to –
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(ii) any person who not being already a cultivating tenant executes an agreement
with the public trust that he will contribute his own physical labout or that of any member of
his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co -operative
farming society, together with the other land, if any, already held by such person, shall not
exceed in the aggregate the cultivating tenant‘s ceiling area.
*15-A. Trustee or authorized officer to take possession of land reverting to public
trust.- (1) Any person in possession of the land reverting to the public trust under section 7 or
sub-section (2) of section 15, shall be deemed to have been evicted and the trustee of the public
trust shall take possession of the land immediately.
(2) (i) If the person who is deemed to have been evicted under sub -section (1) fails to
deliver possession of the land to the tru stee or obstructs the trustee from taking possession of
such land, or
(ii) if the trustee fails to take possession of the land under sub-section (1),
the authorized officer may, after using such force as may be necessary for the purpose,
take possession of the land himself on behalf of the public trust and deliver possession of such
land to the public trust.
16. Restriction on the extent of land to be leased out to co -operative farming
society.- (1) The extent of land leased out to any co -operative farming society by any public
trust under this Chapter shall not exceed the difference between-
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*See Table of Amendments
(i) the extent of land in standard acres equal to five times the n umber of members of
such society; and
(ii) the total extent of land in standard acres already held by such members.
(2) In respect of any land leased out to any co -operative farming society under this
Chapter, the distribution of such land by the co -operative farming society among its members,
shall be in accordance with such rules as may be prescribed.
Provided that the extent of land so distributed together with the extent of the other land
already held by any one member shall in no case exceed in t he aggregate the cultivating
tenant‘s ceiling area.
17. Appeal.- (1) Any trustee of a public trust or any other person aggrieved by an order
or decision of the authorized officer under this Chapter may, within such period as may be
prescribed, appeal to such authority as may be prescribed.
(2) The authority prescribed under sub -section (1) may, after giving the parties to the
appeal an opportunity of being heard, pass such orders thereon as it thinks fit and shall
communicate any such orders to the parties concerned.
(3) The order passed by the authority prescribed under sub -section (1) on the appeal
shall be final.
CHAPTER – III
PROVISIONS RELATING TO TENANCIES
18. Cultivating tenants not to be evicted. - Subject to the provisions of sections 7, 15
(2) and 19 no cultivating tenant under any public trust shall be evicted from his holding or any
part thereof by or at the instance of the public trust.
Explanation.- In this section, ―holding‖ means the parcel or parcels of land held by any
person as a cultivating tenant.
*19. Public trust may evict cultivating tenant in certain cases. - (1) Any public trust
may evict any cultivating tenant-
(a) who, if in arrear on the date of the commencement of this Act with respect to the
rent payable to the public trust, does not pay such rent within a month after such date, or
who, in respect of the rent payable to the public trust after the date of the commencement of
this Act, does not pay such rent within a month after such rent becomes due; or
(b) (i) who has done any act or has been guilty of any negligence which is destructive of,
or injurious to, the land or any crop thereon, or
____________________________________________________________________
*See Table of Amendments
(ii) who has altogether ceased to cultivate the land; or
(c) who has used the land for any purpose not being an agricultural purpose; or
(d) who has contravened consecutively for two crops the provisions of sub -section (1) or
(2) of section 27; or
(e) who has willfully denied the title of the public trust to the land.
Explanation- A denial of the public trust‘s title under a bona fide mistake of fact is not
willful within the meaning of this clause.
(2) (a) A cultivating tenant under any public trust, may deposit before the authorized
officer the rent, or if the rent be payable in kind, its market value on the date of deposit, to the
account of the public trust-
(i) in the case of rent in arrear on the date of the commencement of this Act, within a
month after such date;
(ii) in the case of rent accrued due after the date of the commencement of this Act,
within a month after the date on which the rent accrued due.
(b) The authorized officer shall cause notice of the deposit to be issued to the trustee of
the public trust and determin e, after a summary enquiry, whether the amount deposited
represents the correct amount of rent due from the cultivating tenant. If the authorized officer
finds that any further sum is due, he shall allow the cultivating tenant such time as he may
consider just and reasonable having regard to the relative circumstances of the public trust
and the cultivating tenant for depositing such further sum inclusive of such costs as the
authorized officer may allow. If the authorized officer adjudges that not further sum is due, or if
the cultivating tenant deposits within the time allowed such further sum as is ordered by the
authorized officer, the cultivating tenant shall be deemed to have paid the rent within the
period specified in clause (a) of sub -section (1). I f having to deposit a further sum, the
cultivating tenant fails to do so within the time allowed by the authorized officer, the trustee of
the public trust may evict the cultivating tenant as provided in sub-section (3).
(3) (a) The trustee of every public trust seeking to evict a cultivating tenant falling under
sub-section (1) shall, whether or not there is an order or decree of a Court for the eviction of
such cultivating tenant, make an application to the authorized officer.
(b) On receipt of such app lication, the authorized officer shall, after giving reasonable
opportunity to the trustee of the public trust and the cultivating tenant to make their
representations, hold a summary enquiry into the matter and pass an order either allowing the
application or dismissing it and in a case falling under clause (a) of sub -section (1) in which the
cultivating tenant had not availed of the provisions contained in sub -section (2), the authorized
officer may allow the cultivating tenant such time as he considers j ust and reasonable having
regard to the relative circumstances of the public trust and the cultivating tenant for depositing
the arrears of rent payable under this Act inclusive of such costs as he may direct. If the
cultivating tenant deposits the sum as directed, he shall be deemed to have paid the rent under
clause (b) of sub -section (2). If the cultivating tenant fails to deposit the sum as directed, the
authorized officer shall pass an order for eviction:
Provided that the authorized officer shall not direct the cultivating tenant to deposit
such arrears of rent as have become time barred under any law of limitation for the time being
in force.
20. Right to restoration of possession. - (1) Any cultivating tenant under any public
trust, who has been evi cted except in accordance with the provisions of sections 7, 15 (2) and
19 may make an application to the authorized officer within whose jurisdiction the land from
which he was evicted is situated, within a period of six months from the date of such evict ion
for the restoration to him of the possession of the land from which he was evicted and to hold it
with all the rights and subject to all liabilities of a cultivating tenant.
Provided that the application may be received after the period of six months aforesaid if
the authorized officer, for reasons to be recorded in writing, is satisfied that the applicant had
sufficient cause for not applying within that period.
(2) (a) On receipt of an application under sub -section (1), the authorized officer shall,
after giving a reasonable opportunity to the trustee of the public trust and the person, if any, in
possession of the land, to make their representations, hold a summary enquiry into the matter
and pass an order either allowing the application or dismissing it.
(b) In passing an order under clause (a) allowing the application, the authorized officer
may impose such conditions as he may consider just and equitable including conditions in
regard to the reimbursement by the applicant of the public trust or a ny other person in
possession of the land in respect of the expenses incurred or the labour contributed by him
during the period when the applicant was not in possession, in respect of any crop which has
not been harvested, if an agreement is not reached b etween the parties as regards the amount
and manner of such reimbursement.
Explanation: In lieu of imposing any condition relating to reimbursement as provided in
clause (b), the authorized officer may, in his discretion, postpone the restoration of the
possession of the land to the applicant until the harvest of any crop standing at the time when
the order is passed.
*20-A. Special privileges for members of the Armed Forces. - (1) A cultivating tenant
who is enrolled as a member of the Armed Forces, on di scharge or retirement from service or
on being sent to Reserve, shall, on application for resumption made within the prescribed
period to the authorized officer, be entitled to resume possession from his sub -tenant, of the
land sub-let by him.
(2) The pro visions of sub -section (2) of section 20 shall, as far as may be, apply to an
aExcerpt shown. Open the full act in Lexace.