section 4.AA
Special privileges for member of the Armed Forces.
The Tamil Nadu Cultivating Tenants Protection Act, 1955(1) A cultivating tenant who is enrolled as a member of the Armed Forces, may, on or after such enrolment, sublet the lands held by him as a cultivating tenant [……..] (2) A cultivating tenant who is enrolled as a member of the Armed Forces, on discharge or retirement from service or on being sent to Reserve, shall on application for resumption made within the prescribed period to the Revenue Divisional Officer, be entitled to resume possession of the land sub-let by him under sub-section (1). (3) A landlord who is enrolled as a member of the Armed Forces, shall on discharge or retirement from service or on being sent to Reserve, be entitled to resume possession from any cultivating tenant for purposes of personal cultivation of that extent of land, which together with the extent of land, if any, already in his possession does not exceed the ceiling area which he is entitled to hold under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act LVIII of 1961). (4) (a) Any person desiring to resume any land under sub-section (2) or, as the case may be, under sub-section (3) (hereafter in this sub-section referred to as the applicant) shall apply to the Revenue Divisional Officer and on receipt of such application, the Revenue Divisional Officer shall, after giving a reasonable opportunity to the applicant and the person in possession of the land (hereafter in this sub-section referred to as the possessor) to make their representations, hold a summary inquiry into the matter and pass an order either directing the possessor to put the applicant in possession of the land or dismissing the application. (b)Where a Revenue Divisional Officer passes an order under clause (a) directing the possessor to put the applicant in possession of the land, the Revenue Divisional Officer may impose such conditions as he may consider just and equitable including conditions in regard to the reimbursement by the applicant to the possessor in respect of the expenses incurred by the possessor or the labour contributed by him on any crop which has not been harvested, if an agreement is not reached between the parties as regards the rates and manner of such reimbursement. Explanation.- In lieu of imposing any condition relating to reimbursement as provided in clause (b), the Revenue Divisional Officer may, in his discretion, postpone the restoration of the applicant to possession of the land, until any crop which is being grown thereon, at the time when the order is passed, has been harvested. (5) Where a member of the Armed Forces dies while in service, the special privileges conferred by this section on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death. (6) The provision of this section shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Act or of any other Act. Explanation.- For the purposes of this Act— (a) ‘member of the Armed Forces‘ shall have the same meaning as in clause (29) of section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act LVIII of 1961); (b) a member of the Armed Forces who has been discharged or retired from service or who has been sent to reserve is said to carry on personal cultivation on a land when he contributes his own physical labour or that of the members of his family in the cultivation of that land; and (c) a member of the Armed Forces in service shall be deemed to carry on personal cultivation on a land if such land is cultivated by the members of his family or by his own servants or by hired labour, with his own or hired stock.
Study data processing for this section.
PDF: pending for this language.