Chapter VII Chapter VII

(1) Every land in the transferred territory or part thereof shall, if such land or part thereof has not been surveyed in accordance with the provisions contained in the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923), be surveyed in accordance with the provisions of that Act. (2) The cost of the survey, except so much as is payable under the provisions of section 8 of the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923), shall be borne by the Government.

(1) The Settlement Officer shall effect ryotwari settlement of every land in the transferred territory or part thereof in accordance with a settlement notification framed and published by the Government for the purpose. (2) The said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas, and shall adopt— (a) the rates of assessment set out in the settlement notification in force on such date and in such district as may be specified by the Government; (b) if more than one such notification is in force in that district, the rates set out in one of such notifications which the Government consider to be the most appropriate to the case. (3) Neither the settlement notification nor any order passed in pursuance thereof shall be liable to be questioned in any court of law. (4) For the removal of doubts, it is hereby declared that nothing in this section shall be construed to be in derogation of any law relating to the levy of tax on land in force in the transferred territory.

(1) As soon as may be, after the date of the publication of this Act, the Government shall appoint one or more Settlement officers to carry out the functions and duties assigned to them by or under this Chapter. (2) Every Settlement Officer shall be subordinate to the Land Commissioner and shall be guided by such lawful instructions as he may issue from time to time and the Land Commissioner shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer.

(Omitted).

In this Chapter, 'cultivating tenant's ceiling area' means 5 standard acres held by any person partly as cultivating tenant and partly as owner or wholly as cultivating tenant. Explanation.—For the purposes of this Chapter, 'cultivating tenant' includes any tenant who is in actual cultivation of land and does not contribute his own physical labour or that of any member of his family in the cultivation of the land. In this Chapter, 'date of the publication' and 'notified date' shall respectively mean the 2nd October 1962.

(1) Every cultivating tenant who holds on the notified date land in excess of the cultivating tenant's ceiling area shall, within ninety days from the said date, furnish to the authorized officer a return containing the following particulars, namely:— (i) particulars of the land, if any, which he holds as owner; (ii) particulars of the land which he holds as cultivating tenant; (iii) particulars of the name and address of the land owner concerned; and (iv) such other particulars as may be prescribed. Explanation.—In the case of a member of the Armed Forces, the return under sub-section (1) shall be furnished within six months after the Proclamation of Emergency has ceased to operate. (2) If any cultivating tenant who has held land in excess of the cultivating tenant's ceiling area, fails to furnish the return under sub-section (1) or furnishes an incorrect or incomplete return under that sub-section, the authorized officer may, by notice, require such cultivating tenant 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. (3) (a) Where any cultivating tenant on whom notice under sub-section (2) 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 such further time, if any, allowed by the authorized officer under sub-section (2), the authorized officer shall obtain in such manner as may be prescribed the necessary information either by himself or through such agency as he thinks fit. (b) The authorized officer shall, as soon as may be, after obtaining the information under clause (a), give to the tenant concerned a reasonable opportunity of making his representation and of adducing evidence, if any, in respect of such information and consider any such representation and evidence and pass such order as he deems fit.

On the basis of the return furnished under sub-section (1) of section 61 or on the basis of the return furnished under sub-section (2) of that section, and 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 (3) of section 61, and the orders passed on the representation and the evidence, if any, under clause (b) of sub-section (3) of that section, the authorized officer shall, subject to such rules as may be made in this behalf and subject to the rights of the owner of the land, take possession on behalf of the Government, of the land held by the person as cultivating tenant and in excess of the cultivating tenant's ceiling area: Provided that the authorized officer shall not take possession of such land unless he has given a reasonable opportunity of being heard to the land owner and the cultivating tenant concerned: Provided further that the authorized officer shall give in such manner as may be prescribed, not less than three months' notice in writing intimating the cultivating tenant of his decision to take possession of the land and the notice shall expire with the end of the agricultural year in which such notice is given: Provided further that the authorized officer may, for reasons to be recorded in writing, exempt the possession of the land held by the person as cultivating tenant and in excess of the cultivating tenant's ceiling area if the total extent of such excess land does not exceed half an acre in the case of wet land and one acre in the case of dry land, irrespective of the assessment of such land: Provided also that where there is any crop standing on such land on the date of the expiry of the notice aforesaid, the authorized officer may postpone taking possession of the land and permit the harvest of such crop by the person who has raised such crop.

(1) With effect on and from the date on which the authorized officer takes possession of the land under section 62, the Government shall be deemed to be the cultivating tenant of the owner of the land. (2) In respect of the land referred to in sub-section (1), the Government shall be liable to pay annually to the owner of such land fair rent as calculated in the manner specified in paragraph 4 of Part I of Schedule III. Such rent shall be paid in cash or in kind in accordance with such rules as may be made by the Government. (3) If any dispute arises in regard to the rent payable under sub-section (2), either party may make an application to the Land Tribunal within whose jurisdiction the land referred to in sub-section (1) or the major part thereof is situated for deciding such dispute.

(1) The authorized officer shall distribute possession of the land, the possession of which he has taken under section 62, to the landless persons or to persons holding land below the cultivating tenant's ceiling area. (2) The distribution under sub-section (1) shall be in accordance with such rules and subject to such conditions as may be prescribed. Such rules may also provide for the manner of recovery of any amount due to the Government from, and the manner of evicting, the persons to whom such distribution is made.

Authorized officer empowered to summarily dispossess parsons in certain cases.

No claim of any person to any arrear of rent or any other amount accrued or due in respect of any land for the period prior to the date of taking possession of such land under section 62 shall be enforced by any court whether in execution of a decree or otherwise against the Government or against any person holding the land under the Government.

(1) If, on or after the notified date, any person acquires by lease any land which together with the land, if any, already held by him, exceeds in the aggregate the cultivating tenant's ceiling area, he shall, within ninety days of such acquisition furnish to the authorized officer within whose jurisdiction the land or the major part thereof is situated, a return containing such particulars as may be prescribed. (2) If he furnishes the return or fails to furnish the return or furnishes an incorrect or incomplete return, within the period specified in sub-section (1), the provisions of sub-sections (2) and (3) of section 61 and other provisions of this Chapter shall, as far as may be, apply as if it were a return required to be furnished under sub-section (1) of section 61.

For the removal of doubts, it is hereby declared that nothing in this Chapter shall apply to any land held by any sugar factory as tenant.

The provisions of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956), the Tiruchirappalli Kaiaeruvaram and Mattuvarum Act, 1958 (Tamil Nadu Act XXXVI of 1958) and any other law relating to tenancy shall, except in so far as they are inconsistent with any of the provisions of this Chapter, continue in force.

The provisions of this Chapter shall, subject to the provisions of section 17, have effect notwithstanding anything inconsistent therewith contained in any other provision of this Act.

Notwithstanding anything contained in section 74, if either of its own motion or on application by any person the Land Board decides that such grazing land as is referred to in section 74 has become fit for cultivation as a result of any irrigation project constructed at the cost of the Government, such land shall be taken into account for calculating the ceiling area and the person holding such land shall, within such time as may be prescribed, furnish a return containing the particulars required under section 8 and the provisions of section 9 and other provisions of this Act shall, as far as may be, apply to such return.

Constitution of Land Tribunsls.

The provisions of section 4 and of sub-sections (1) and (2) of section 12 of the Indian Limitation Act, 1908 (Central Act IX of 1908) shall, as far as may be, apply to any appeal under section 78 or 79.