The Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969

(1) This Act may be called the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969. (2) It extends to the whole of the State of Tamil Nadu. (3) This Act shall come into force on such date as the Government may, by notification, appoint.

In this Act, unless the context otherwise requires,-- (1) "cultivation" means the use of land for the purpose of agriculture of horticulture; (3) "intermediary" means any person, who, not being an owner or a possessory mortgagee, has an interest in land by virtue of a tenancy agreement and is entitled by reason of such interest, to possession thereof but has transferred such possession to others; (4) "land" means a land used for purposes of agriculture or horticulture, or for purposes ancillary thereto, and includes any building or any waste, vacant or forest land and any house-site belonging to the landowner and let to the tenant under the same tenancy agreement; (5) "landowner" means the owner of the land let out to a tenant and includes the heirs, assignees, or legal representatives of such owner or persons deriving rights through him; (6) "possessory mortgagee" means a mortgagee entitled to the possession of the whole or part of the mortgaged property and to receive the rents and profits 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 and partly in payment of the mortgage money; and "possessory mortgagor" shall be construed accordingly; (7) "record officer" means any officer of the Revenue Department not below the rank of Tahsildar authorized by the Government by notification to exercise the powers conferred on, and to discharge the duties imposed upon, the record officer under this Act for such area as may be specified in the notification; (8) (i) "tenant" in respect of any area in the State (other than the Kanyakumari district)-- (a) means in relation to any land to which the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), applies, a cultivating tenant as defined in clause (aa) of section 2 of that Act and includes-- (i) a muttuvaranrdar referred to in clause (a) or clause (b) of section 7 of the Tiruchirappalli Kaiaeru and Mattuvaram Act, 1958 (Tamil Nadu Act XXXVI of 1958); and (ii) a possessory mortgagor, who, under a tenancy agreement, express or implied, with the possessory mortgagee, contributes his own physical labour or that of any member of his family in the cultivation of the land subject to possessory mortgage; and (b) means in relation to any land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961), applies, a cultivating tenant as defined in clause (5) of section 2 of that Act; (ii) "tenant" in respect of any area in the Kanyakumari district-- (a) in relation to any land other than the land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961) applies-- (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; (e) a possessory mortgagor, who, under a tenancy agreement, express or implied, with the possessory mortgagee, contributes his own physical labour or that of any member of his family in the cultivation of the land subject to possessory mortgage; but (iii) does not include a mere intermediary or his heir; (b) means in relation to any land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961), applies, a cultivating tenant as defined in clause (5) of section 2 of that Act; (9) "village" means any local area which is designated as a village in the revenue accounts and for which the revenue accounts are separately maintained by one or more karnams or which is now recognised by the Government or may hereafter be declared by the Government for the purposes of this Act to be a village, and shall include any hamlet or hamlets which may be attached thereto.

(1) The Government may, by notification, direct the preparation of a record of tenancy rights for such village or villages as may be specified in the notification and such record shall be prepared, maintained and revised in accordance with the provisions of this Act and the rules made thereunder. (2) The record referred to in sub-section (1) shall contain the following particulars, namely:-- (a) the survey number or sub-division number, extent and local name, if any, of the land; (b) the name and address of the landowner; (c) the name and address of the intermediary, if any; (d) the name and address of the tenant cultivating the land; (e) such other particulars as may be prescribed. (3) As soon as may be, after the publication of a notification under sub-section (1), the record officer shall publish a notice in the village informing the public that a record of tenancy rights is to be prepared for the village, and the landowner, tenant or intermediary of every land which has been let for cultivation shall intimate in writing to him of his interest in such land. (4) The notice shall contain such further particulars, and shall be published in such manner, as may be prescribed. (5) On the basis of the intimation given under clause (3) or on the basis of information obtained under section 9 or on the basis of particulars furnished or recommendation made by the Advisory Committee under section 5-A or in such other manner as may be prescribed, the record officer shall, after giving a reasonable opportunity to the parties concerned to make their representations either orally or in writing, prepare a draft record of tenancy rights. (6) As soon as may be after the completion of the draft record of tenancy rights for a village, such record shall be published in the District Gazette of the district in which the village is situated and in such other manner as may be prescribed. An extract of the draft record relating to any survey number of the land shall also be served on the landowner, intermediary, if any, and the tenant concerned. (7) Any person aggrieved by such draft record either on the ground that the entry in respect of particulars is incorrect or on the ground that the entry has been omitted, may within such time as may be prescribed, file an objection before the record officer. (8) The record officer shall, after giving a reasonable opportunity to the parties concerned to make their representations either orally or in writing, pass an order either accepting or rejecting the objection, and the record of tenancy rights shall be amended accordingly and the approved record of tenancy rights shall be published in the District Gazette and in such other manner as may be prescribed.

(1) (a) Where subsequent to the publication of the approved record of tenancy rights any land has been let for cultivation, the land owner, intermediary or person having interest in such land shall make an application to the record officer for inclusion of particulars of such land in the approved record of tenancy rights. (b) Where any land has been let for cultivation before the publication of the approved record of tenancy rights but the particulars thereof have not been included in the approved record of tenancy rights, the landowner, the intermediary or the tenant shall make an application to the record officer for the inclusion of particulars relating to such land in the approved record of tenancy rights. (2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim. (3) (a) Before passing an order on an application under sub-section (1) the record officer shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the record officer decides that the particulars of the land specified in the application should be included in the approved record of tenancy rights, he shall pass an order accordingly and shall make the necessary entries in the approved record of tenancy rights. (b) If the record officer decides that there is no case for inclusion of particulars of the land in the approved record of tenancy rights, he shall reject the application. (c) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parties concerned in such manner as may be prescribed.

Where it appears to the record officer that in respect of any land let for cultivation, the landowner, intermediary or tenant having interest in such land-- (a) has failed to intimate his interest in such land under sub-section (3) of section 3; or (b) has failed to make an application for rectification or inclusion under sub-section (6) of section 3; or (c) has failed to make an application for inclusion of particulars relating to such land in the approved record of tenancy rights under clause (a) or clause (b) of sub-section (1) of section 4, the record officer shall make an enquiry in respect of the landowner, intermediary or tenant having interest in such land, in accordance with such procedure as may be prescribed and if, after making such enquiry, the record officer decides that the particulars of the land should be included in the draft or the approved record of tenancy rights, as the case may be, he shall pass an order accordingly and shall make the necessary entries in the draft or approved record of tenancy rights, as the case may be: Provided that the record officer shall not pass an order under this section unless the parties concerned have been given a reasonable opportunity to make their representation either orally or in writing.

(1) Where any person claims that in respect of any land already included in the approved record of tenancy rights any modification is required in respect of the entries in such record either by reason of the death of any person or by reason of the transfer of interest or by reason of any other subsequent change in circumstances, he shall make an application to the record officer for the modification of the relevant entries in the approved record of tenancy rights. (2) An application under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim. (3) (a) Before passing an order on an application under sub-section (1) the record officer shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the record officer decides that any modification should be made in respect of the entries in the approved record of tenancy rights he shall pass an order accordingly and shall effect the modification and make such incidental and consequential changes in the approved record of tenancy rights, as appear to him to be necessary, for giving effect to his order. (b) If the record officer decides that there is no case for effecting any modification in the entries in the approved record of tenancy rights he shall reject the application. (c) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parties concerned in such manner as may be prescribed.

(1) For the purpose of advising the record officer in the discharge of his functions and in particular in the preparation of record of tenancy rights under section 3, the Government may, by notification, constitute an Advisory Committee for every taluk. (2) Such committee shall consist of the following members, namely:-- (a) one landless agricultural labourer belonging to the Schedule Castes or Schedule Tribes; (b) one tenant; and (c) three social workers. (3) The term of office of the members of the committee constituted under sub-section (1) shall be three years from the date of their appointment and they shall be eligible for reappointment. They shall continue as such members until the appointment of their successors: Provided that the Government may, by notification, extend the term of office of all or any of such members for such period or periods not exceeding six years in the aggregate as they think fit. (4) The members of the committee shall be paid travelling allowance at such rate and upon such conditions as may be prescribed. (5) The functions of the Advisory Committee shall be-- (i) to gather information and particulars regarding the land situated in the taluk with the name and address of land owner, intermediary and the tenant cultivating such land; (ii) to furnish the information and particulars so gathered to the record officer having jurisdiction over the land concerned; (iii) to make recommendation to the record officer in the discharge of his functions under sections 3, 4 and 5; and (iv) to perform such other functions as may be assigned by rules made by the Government in this behalf. (6) The record officer in the discharge of his duties and functions under this Act and in particular before passing orders under sections 3, 4 and 5 shall take into consideration the information and particulars furnished and also the recommendation, if any, made by the Advisory Committee under this section. Where the record officer is of opinion that the recommendation made by the Committee is not acceptable he shall record his reasons in writing and pass orders accordingly.

Any person aggrieved by an order made under sub-section (8) of section 3, sub-section (3) of section 4 or sub-section (3) of section 5 may, within such time as may be prescribed appeal to such authority as may be specified by the Government in this behalf (hereinafter referred to as the appellate authority) and the decision of such authority on such appeal shall, subject to the provisions of section 7, be final.

The District Collector may, of his own motion or on the application of any party, revise any order passed by the record officer or the appellate authority under this Act: Provided that no order shall be passed under this section prejudicial to any party unless he has been given a reasonable opportunity of making his representation.

The record officer shall make such amendments in the approved record of tenancy rights as may be necessary to give effect to any order passed under section 6 or section 7.

(1) Any person whose rights or interest are required to be entered in the record of tenancy rights under this Act shall be bound, on the requisition of the record officer, to furnish or produce within such time as may be specified in such requisition or within such further time as the record officer may allow in this behalf, all such information or documents needed for the preparation or maintenance of the record of tenancy rights. (2) Any person to whom a requisition is made under sub-section (1) shall be deemed to be legally bound to furnish the information or produce the document within the meaning of section 176 of the Indian Penal Code (Central Act XLV of 1860).

The record officer or the appellate authority or the District Collector or the officer referred to in section 7 shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit in respect of the following matters, namely:-- (a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and any proceeding before the record officer or the appellate authority or the District Collector shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (Central Act XLV of 1860).

If any person fails to furnish any information or to produce any document requisitioned under sub-section (1) of section 9 within the time specified in the requisition under that sub-section or within the further time, if any, allowed by the record officer under that sub-section, he shall be punishable with fine, which may extend to one hundred rupees.

Any person who makes, or causes to be made, a statement in any document or gives or causes to be given any information which he knows or has reason to believe to be false for the purpose of getting an entry in the record of tenancy rights, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

(1) No prosecution for an offence punishable under this Act shall be instituted except with the previous sanction of the District Collector. (2) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

In any suit or application before any authority or officer under the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955) or the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961), the party applying for any relief in respect of any land shall annex to the application or plaint, a certified copy of any entry in the approved record of tenancy rights relevant to such land.

Any entry in the approved record of tenancy rights shall be presumed to be true and correct until the contrary is proved or a new entry is lawfully substituted therefor.

Subject to such conditions and to the payment of such fees as may be prescribed, the approved record of tenancy rights shall be open to the inspection of the public at reasonable hours and certified extracts therefrom or certified copies thereof shall be given to all persons applying for the same.

No civil court shall have jurisdiction in respect of any matter which the record officer, the District Collector or other officer or authority empowered by or under this Act has to determine and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this Act.

(1) No suit, prosecution or other legal proceeding shall lie against the record officer, the appellate authority, the District Collector or the officer referred to in section 7 or other authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by virtue of any provision of this Act or by anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

(1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) all matters expressly required or allowed by this Act to be prescribed; (b) the manner of preparation, maintenance and revision of the record of tenancy rights; (c) the manner in which the record of tenancy rights shall be published; (d) the procedure to be followed by the authorities or officers appointed or having jurisdiction under this Act; (e) the time within which appeals and applications may be presented under this Act in cases for which no specific provision in that behalf has been made; (f) the fees to be paid in respect of applications and appeals under this Act; and (g) the manner of communication to the parties of any decision or order in any proceeding under this Act for which no provision for appeal or revision is provided for. (3) All rules made under this Act shall be published in the Tamil Nadu Government 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. (4) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule 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.

Nothing contained in this Act shall apply to any land owned by the Central Government or any State Government, or any local authority. Explanation.--In this section 'local authority' means,-- (a) the Corporation of Madras; (b) any municipal council; (c) any panchayat or panchayat union council constituted or deemed to have been constituted under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958); (d) any township committee constituted or deemed to have been constituted under any law for the time being in force; and (e) the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961).