Rights and liabilities of cultivating tenant and land - owner

(1) With effect from the 1st 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: 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 Shencottah taluk of the Tirunelveli district, the expression 1st day of October, 1956‘ and ‘month of September in the year 1956‘ occurring in this sub-section shall be constructed respectively as referring to 2nd March, 1960, and months of January and February in the year 1960; Explanation II.- In relation to the added territories— (i) the expression ‘1st day of October, 1956‘ occurring in this sub-section except in Explanation I shall be construed as referring 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 Cultivating Tenants Protection and Payment 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 capital 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 cultivating 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 Added 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 construed 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 gross 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.