The Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961
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53. Act to apply to certain portion of land held by public trust in cases where any interest is reserved in favour of the founder of such trust.
(1) Where under the terms of a public trust any interest either in the land in respect of which the public trust is created or in the income from such land is reserved in favour of the founder of such public trust, or of any other person, the authorized officer shall declare the extent of land which bears to the total extent of land in respect of which the public trust is crested, the same proportion as such interest bears to the total interest in such land or the income therefrom. The extent of the land so declared shall, with effect from the date of such declaration be deemed to be held by the founder or such other person and the provisions of this Act shall apply to the remaining extent of the land. (2) The extent declared under sub-section (1) shall cease to be the trust property from the date of such declaration but shall be subject to any other liability that may be subsisting on such land: Provided that the extent of such liability shall bear the same proportion to the entire liability as the extent so declared bears to the total extent.
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54. Power of Government to issue orders and directions to the authorized officer, etc.
The Government may issue such orders and directions of a general character as they may consider necessary in respect of any matter relating to the powers and duties of the authorized officer and the Registrar. The authorized officer and the Registrar shall give effect to all such orders and directions.
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55. Transfer of proceedings from one authorized officer to another.
(1) On the application of any of the parties or of his or its own motion,- (a) the Collector of the district may, at any stage after giving the parties a reasonable opportunity of being heard, transfer any application or other proceeding under this Act pending before any authorized officer in the district for disposal to any other authorized officer in the same district; (b) the Board of Revenue may, at any stage after giving the parties a reasobable opportunity of being heard, transfer any application or other proceeding under this Act pending before any authorized officer in any district for disposal to any other authorized officer in any other district; (2) Where any application or proceedings has been transferred under sub-section (1), the authorized officer to whom such transfer is made may, subject to any special directions given in the order of transfer, either hold the enquiry de novo or proceed from the stage at which the said application or other proceeding stood when it was transferred.
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56. Costs.
The costs of, and incidental to, all proceedings before the authorized officer, the Rent Court, the Rent Tribunal or other authority shall be in his or its discretion.
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57. Indemnity.
No suit, prosecution or other legal proceeding sahll lie against the authorized officer, the Registrar, the Rent Court, the Rent Tribunal or other authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule of order made thereunder.
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58. Bar of jurisdiction of civil courts.
Except as otherwise provided in this Act, no civil court, shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or deal with by the authorized officer, the Registrar, the Court, the Rent Tribunal or other authority.
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59. Power to make rules.
(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 procedure to be followed by rent Courts and Rent Tribunals; (c) the matters to be taken into account in determining normal gross produce; (d) the fees to be paid in respect of applications and appeals under this Act; (e) the time within which appeals may be presented under this Act; (f) the notification of prices of agricultural produce for the purpose of fixing the cash value of the fire rent; (g) the rights and privileges to which a member of a tenant farming society shall be entitled and the obligations and liabilities to which such member shall be subject.
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60. Power to remove difficulties.
If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.
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61. Rules and orders to be placed before the Legislature.
(1) All rules made under section 59 and all orders issued under section 60 shall be published in the Fort George 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. (2) Every rule made under section 59 and every order made under section 60 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 order or both Houses agree that the rule or order should not be made, the rule or order 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 or order.
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62. Partial repeal of certain Acts.
On and from the date of the commencement of this Act, the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955) and the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956) shall stand repealed in their application to a cultivating tenant in respect of any land held by him under a public trust.
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