Chapter II REGULATION OF CULTIVATION OF LANDS HELD BY PUBLIC TRUSTS

On and after the date of the commencement of this Act, no public trust shall personally cultivate, or lease out, land held by such trust except in accordance with the provisions of this Act.

(1) Except as otherwise provided in this Act, no public trust shall personally cultivate land in excess of twenty standard acres.

(2) Nothing in this section shall be deemed to authorize any public trust to evict any person holding land as cultivating tenant under such public trust on the date of the commencement of this Act, except in accordance with the provisions of sections 7, 15 (2) and 19.

Where on the date of the commencement of this Act, any public trust personally cultivates land in excess of twenty standard acres and continues to so cultivate that land on such date as may be specified in the notification issued by the Government in this behalf, the trustee of the public trust shall, within such period as may be prescribed, from the date specified in such notification, lease out the lands in such excess to-

(i) a co-operative farming society; or

(ii) any person who is already a cultivating tenant; or

(iii) any person who not being already a cultivating tenant executes an agreement with the public trust that he will contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out to him:

Provided that the extent of land so leased out to any person other than a co-operative farming society, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) Where, on the notified date, any cultivating tenant under any public trust is in possession of land in excess of the cultivating tenant‘s ceiling area, the possession of the land which is held by the public trust and which is in excess of the cultivating tenant‘s ceiling area shall, with effect from the date aforesaid, revert to the public trust subject to such rules as may be made in this behalf.

(2) Where, on or after the notified date, any cultivating tenant under any public trust acquires by sale, lease, gift, exchange, surrender, agreement, settlement or otherwise, and land which together with the other land, if any, already held by him, exceeds in the aggregate the cultivating tenant‘s ceiling area, the possession of the land which is held by the public trust and which is in excess of the cultivating tenant‘s ceiling area shall, with effect from the date of such acquisition, revert to the public trust, subject to such rules as may be made in this behalf.

(3) The cultivating tenant concerned shall have the option to select the land the possession of which shall revert to the public trust under sub-section (1) or sub-section (2) as the case may be:

Provided that such option shall be subject to such conditions as may be prescribed.

Explanation- For the purposes of this section and sections 10 and 11, ‘cultivating tenant‘ shall include any tenant who is in actual possession of the land but does not contribute his own physical labour or that of any member of his family in the cultivation of such land.

(1) The trustee of every public trust shall, within ninety days from the date of the expiry of the period prescribed under section 6, furnish to the authorized officer a return containing such particulars as may be prescribed.

(2) If, on or after the notified date, any land—

(i) reverts to any public trust under section 7 or sub-section (2) of section 15; or

(ii) is resumed by any public trust under section 19; or

(iii) is acquired by any public trust by sale, gift, exchange, surrender, agreement, settlement or otherwise;

then the trustee of the public trust shall, within ninety days from the date of the expiry of the period specified in section 8, furnish to the authorized officer a return containing such particulars as may be prescribed.

(1) Every cultivating tenant under any public trust who, immediately before the notified date, is in possession of land in excess of the cultivating tenant‘s ceiling area, shall, within ninety days from the notified date, furnish to the authorized officer a return containing such particulars as may be prescribed.

(2) If, on or after the notified date, any cultivating tenant under any public trust acquires by sale, lease, gift, exchange, surrender, agreement, settlement, or otherwise, any land which, together with the other land, if any, already held by him exceeds in the aggregate the cultivating tenant‘s ceiling area, then, he shall, within ninety days from the date of such acquisition, furnish to the authorized officer a return containing such particulars as may be prescribed.

(1) If the trustee of any public trust or any cultivating tenant under a public trust fails to furnish the return under section 9 or section 10, as the case may be, or furnishes an incorrect or incomplete return under that section, the authorized officer may, by notice, require such trustee or cultivating tenant, as the case may be, 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.

(2) (a) Where the trustee of any public trust or any cultivating tenant to whom notice under sub-section (1) 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 the further time, if any, allowed by authorized officer under sub-section (1), the authorized officer may 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 trustee of the public trust or the cultivating 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 orders as the said officer deems fit.

Where, on the basis of the return furnished under section 9 or section 10 or under sub-section (1) of section 11 or 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 (2) of section 11 and the orders passed on the representation and evidence, if any, under clause (b) of sub-section (2) of section 11, the authorized officer is satisfied that any land of the public trust has not been leased out in accordance with the provisions of sections 6, 8 and 15 (3), he shall – (a) in any case, where it appears that the failure to lease out the land is due to the non-availability of persons to take on lease the land concerned, make an enquiry into the matter and submit a report containing such particulars and to such authority as may be prescribed; and (b) in any case where he is satisfied that the failure to lease out the land is not due to the non-availability of persons to take on lease the land concerned, choose, subject to such conditions as may be prescribed, one or more persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period: Provided that the extent of the land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) The authority prescribed under clause (a) of section 12 may, after receiving the report referred to in that clause and after making such enquiry as it may consider necessary, submit the report together with its recommendation to the Board of Revenue. (2) The Board of Revenue may, after receiving the report and the recommendation referred to in sub-section (1) and after making such further enquiry as it may consider necessary- (a) in any case where it is satisfied that the failure to lease out the land is due to non-availability of persons to take on lease the land concerned, permit the public trust to personally cultivate the land ; and (b) in any case where it is satisfied that the failure to lease out the land is not due to the non-availability of persons to take on lease the land concerned, instruct the authorized officer to choose one or more persons willing to cultivate such land and to direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period; and the authorized officer shall give effect to such instruction: Provided that the extent of the land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) If it appears to the authorized officer that any land which is intended to be personally cultivated by any public trust- i. has remained uncultivated for any two consecutive years; or ii. has not been used fully and efficiently for the purpose of agriculture through the default of the public trust ; or iii. has been neglected or mismanaged, by the public trust as a result of which, the cultivation of such land has seriously suffered, the authorized officer shall, subject to such conditions as may be prescribed, choose one or more persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period: Provided that the extent of land so leased out to any one person, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area. (2) If any person to whom any land held by the public trust has been leased out in pursuance of an agreement executed by him under section 6 (iii), 8 (iii) or 15 (3) (iii) does not contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out or if such person contravenes any of the provisions of such agreement, the authorized officer shall, subject to such conditions as may be prescribed, choose one or more other persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the other person or persons aforesaid within the prescribed period: Provided that the extent of land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) If on the notified date, any society registered under the Co-operative Societies Act (including a society specified in Schedule II) holds on lease any land held by any public trust and any member of such society cultivates such land, which together with the other land already held by him, exceeds in the aggregate the cultivating tenant‘s ceiling area, the society shall within such period as may be prescribed distribute the land in such excess to any other member: Provided that the extent of land so distributed together with the other land already held by such other member shall not exceed in the aggregate the cultivating tenant‘s ceiling area. (2) The extent of the land which could not be distributed in accordance with the provisions of sub-section (1) shall revert to the public trust on the expiry of the period prescribed under that sub-section. (3) The public trust shall within the prescribed period lease out the lands reverted under sub-section (2) to – (i) a co-operative farming society; or (ii) any person who is already a cultivating tenant; or (ii) any person who not being already a cultivating tenant executes an agreement with the public trust that he will contribute his own physical labout or that of any member of his family in the cultivation of the land so leased out to him: Provided that the extent of land so leased out to any person other than a co-operative farming society, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) The extent of land leased out to any co-operative farming society by any public trust under this Chapter shall not exceed the difference between-(i) the extent of land in standard acres equal to five times the number of members of such society; and (ii) the total extent of land in standard acres already held by such members. (2) In respect of any land leased out to any co-operative farming society under this Chapter, the distribution of such land by the co-operative farming society among its members, shall be in accordance with such rules as may be prescribed: Provided that the extent of land so distributed together with the extent of the other land already held by any one member shall in no case exceed in the aggregate the cultivating tenant‘s ceiling area.

(1) Any trustee of a public trust or any other person aggrieved by an order or decision of the authorized officer under this Chapter may, within such period as may be prescribed, appeal to such authority as may be prescribed. (2) The authority prescribed under sub-section (1) may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit and shall communicate any such orders to the parties concerned. (3) The order passed by the authority prescribed under sub-section (1) on the appeal shall be final.

Subject to the provisions of sections 7, 15 (2) and 19 no cultivating tenant under any public trust shall be evicted from his holding or any part thereof by or at the instance of the public trust. Explanation.- In this section, ―holding‖ means the parcel or parcels of land held by any person as a cultivating tenant.

(1) Any cultivating tenant under any public trust, who has been evicted except in accordance with the provisions of sections 7, 15 (2) and 19 may make an application to the authorized officer within whose jurisdiction the land from which he was evicted is situated, within a period of six months from the date of such eviction for the restoration to him of the possession of the land from which he was evicted and to hold it with all the rights and subject to all liabilities of a cultivating tenant. Provided that the application may be received after the period of six months aforesaid if the authorized officer, for reasons to be recorded in writing, is satisfied that the applicant had sufficient cause for not applying within that period. (2) (a) On receipt of an application under sub-section (1), the authorized officer shall, after giving a reasonable opportunity to the trustee of the public trust and the person, if any, in possession of the land, to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it. (b) In passing an order under clause (a) allowing the application, the authorized officer may impose such conditions as he may consider just and equitable including conditions in regard to the reimbursement by the applicant of the public trust or any other person in possession of the land in respect of the expenses incurred or the labour contributed by him during the period when the applicant was not in possession, in respect of any crop which has not been harvested, if an agreement is not reached between the parties as regards the amount and manner of such reimbursement. Explanation: In lieu of imposing any condition relating to reimbursement as provided in clause (b), the authorized officer may, in his discretion, postpone the restoration of the possession of the land to the applicant until the harvest of any crop standing at the time when the order is passed. (3) Where a member of the Armed Forces dies while in service, the special privileges conferred by this Act on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death.

(1) In the case of every tenancy agreement entered into after the date of the commencement of this Act between a cultivating tenant and a public trust, a lease deed shall be executed in triplicate in the prescribed form, within a reasonable time after the commencement of such tenancy, specifying the name and description of the cultivating tenant, the name (if any), survey number, description and extent of the land leased out, and the terms of the tenancy and shall be signed both by the trustee of the public trust and by the cultivating tenant. One of the three copies shall be kept by the trustee of the public trust, one shall be kept by the cultivating tenant and the third shall be caused to be lodged in the Taluk Office by the trustee of the public trust within a fortnight of the date on which the cultivating tenant signs it: Provided that if the trustee of the public trust or the cultivating tenant refuse or delays unreasonably to execute the lease deed, it shall be open to the cultivating tenant or the trustee of the public trust, as the case may be, to lodge the deed in the Taluk Office with a declaration that the other party refused or delayed unreasonably to execute it. (2) No stamp need by affixed to the lease deed. (3) In the case of any tenancy, if the trustee of the public trust or the cultivating tenant refuses to sign or fails to lodge the lease deed in accordance with the provisions of sub-section (1), the authorized officer may, after holding such enquiry as may be prescribed, impose on the trustee of the public trust or the cultivating tenant, as the case may be, a penalty which may extend to fifty rupees; and any penalty so imposed may be recovered as if were an arrear of land revenue.

The District Court may call for and examine the record of any authorized officer in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision, or order passed thereon; and if, in any case, it appears to the District Court that any such proceeding, decision or order should be modified, annualled or reversed or remitted for reconsideration, it may pass orders accordingly: Provided that the District Court shall not pass any order prejudicial to any party unless he has been given a reasonable opportunity of being heard. Explanation- For the purposes of this section ―District Court‖ shall mean— (i) in the City of Madras, the City Civil Court; and (ii) in any other area, the principal civil court of original jurisdiction.

(1) The fair rent in respect of any land may be paid either in cash or in kind or partly in cash and partly in kind, in accordance with the terms of the contract between the public trust and the cultivating tenant; and in the absence of such a contract, the fair rent may be paid at the option of the cultivating tenant in any one of the above ways: Provided that the option shall be exercised within three months from the date on which the tenancy agreement takes effect and if the cultivating tenant does not exercise the option within the period aforesaid, the trustee of the public trust shall, by notice given to the cultivating tenant, specify the way in which the fair rent shall be paid by the cultivating tenant: Provided further that the option once exercised or the way once specified shall not be changed except by mutual agreement: Provided also that where the crop raised is paddy, the public trust shall have the right it insist that the rent shall be paid in kind. (2) Whenever adverse seasonal conditions result in the reduction of the gross produce from any particular crop to the extent of more than 25 per cent, the public trust shall be bound to remit a proportionate part of the fair rent due to it from its cultivating tenant in respect of that land for that period: Provided that before admitting or inquiring into an application made by a cultivating tenant for remission of fair rent under this section, the Rent Court may impose such conditions as it considers reasonable in the circumstances of the case including conditions as to deposit of admitted rent which has become due.

(1) Where the produce to be shared is grain, no cultivating tenant shall harvest the crop unless he has given in such manner as may be prescribed, not less than ten days‘ notice in writing intimating the public trust of his decision to harvest and the notice shall expire on the day on which the harvest is to take place. (2) Where the produce to be shared is grain, the sharing shall be done at the threshing floor on which the threshing took place; and no portion of the produce shall be removed therefrom at such time or in such manner as to prevent the due division thereof at the proper time. (3) If the trustee of a public trust fails to attend the harvest on the date of harvest specified in the notice given under sub-section (1), the cultivating tenant shall be entitled to harvest the crop on that date or on any subsequent date. In such a case, either the trustee of the public trust or the cultivating tenant may make an application to the authorized officer requesting that an officer may be deputed to make the division of the produce. (4) Notwithstanding anything contained in sub-section (3), if the trustee of a public trust apprehends the removal of the produce by the cultivating tenant from the threshing floor in contravention of the provisions of sub-section (2), such trustee may make an application to the authorized officer requesting that an officer may be deputed to make the division of the produce. (5) On receipt of the application under sub-section (3) or sub-section (4), as the case may be, the authorized officer may depute an officer who shall exercise such functions and in accordance with such procedure as may be prescribed.

(c) 1.2 acres of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre; or (d) 1.6 acres of wet land assessed to land revenue at the rate Rs. 6 and above but below Rs. 8 per acre; or (e) 1.75 acres of wet land assessed to land revenue at the rate Rs. 4 and above but below Rs. 6 per acre; or (f) 2 acres of wet land assessed to land revenue at any rate below Rs. 4 per acre; or (g) 2,5 acres of wet land assessed to land revenue at the rate Rs. 2,00 and above per acre; or (h) 3 acres of wet land assessed to land revenue at the rate Rs. 1.25 and above but below Rs. 2 per acre; or (i) 4 acres of wet land assessed to land revenue at any rate below Rs. 1.25 per acre; (2) in the Kaniyakumari district- (a) 1 acre of registered wet land irrigated by any source forming part of, or benefited by, any project; or (b) 1.2 acres of registered dry land irrigated by any source mentioned in item (a); or (bb) 1.6 acres of wet land irrigated by any Government source other than a source mentioned in item (a); or (c) 1.6 acres of dry land irrigated by any Government source other than a source mentioned in item (a); or (d) 4 acres of dry land unirrigated by any source mentioned in item (a) or by any other Government source of irrigation; Explanation I.- For the purpose of sub-clause (1) of clause (28), “land revenue” shall mean- (i) in the case of any land in respect of which a ryotwari settlement is in force on the date of the commencement of this Act, the ryotwari assessment payable on that date; (ii) in the case of any inam land on which full assessment of revenue has been levied under the Tamil Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956), such assessment; (iii) in the case of any land [other than an inam land referred to in clause ii] in respect of which a ryotwari settlement is not in force on the date of the commencement of this Act, but is brought into force after that date but before the notified date, the ryotwari assessment payable under such settlement after it is brought into force; (iv) in the case of any land in respect of which a ryotwari settlement effected in pursuance of section 22 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu Act XXVI of 1948) has not been brought into force before the notified date, or in the case of any inam land, the land revenue notified by the Government in this behalf with due regard to the highest rate of ryotwari assessment payable for any land of a similar description and with similar advantages in the nearest ryotwari village; Provided that no notification shall be issued under this clause, unless the persons likely to be affected by such notification are given a reasonable opportunity to make representation and adduce evidence in respect of the rates proposed to be specified in the notification. Provided further that the land revenue notified by the Government under this clause shall not be modified, notwithstanding that a different rate of assessment is fixed under— (i) any settlement that may be brought into force; or (ii) the Tamil Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956); after the date of the publication of the said notification. Explanation II—In sub-clauses (2) and (3) of clause (28) “wet land” and “dry land” shall include inma wet land and inam dry land respectively. Explanation III—For the purpose of sub clause (2) of clause (28) “project” means any of the following irrigation systems, namely:- (i) Kodayar project system proper; (ii) (a) Pazhaayar system; (b) Valliar system; (c) Thirparappu Right Bank channel and Left Bank channel system; (d) Champakulam system; (iii) Alathuraiyar system; Explanation IV:-- In any area in the State, except the transferred territory, one acre of dry land— (a) irrigated by direct flow of water from any Government source of irrigation supplying water— (i) for two crops and above, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre; (ii) for only one crop, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre; (b) irrigated by lifting water from any Government source of irrigation shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre; Provided that the Government may, in respect of any particular area, by notification, direct that 1 acre of dry land irrigated from any Government source of irrigation shall be deemed to be equivalent, to any specified extent of any of the categories of land specified in sub-clause (1) of clause (28) on the ground of quality of the soil or on any other ground; Provided further that such notification shall not come into force unless it is approved by the Legislature. Explanation V.- Where the land held by a person consists of more than one of the kinds of the land specified in clause (28), the extent of the land held by him shall, for the purposes of this Act, be reduced to standard acres calculated according to the proportions specified in clause (28); (1) The Government may, by notification, constitute Rent Courts and Rent Tribunals for the purposes of this Chapter, with jurisdiction over such areas as may be specified in the notification. (2) Every Rent Court shall be presided over by an officer not below the rank of Tahsildar and every rent Tribunal shll be presided over by an officer not below the rank of District Munsif.

“tope” means any land containing groups of fruit or nut-bearing trees including palmyrah trees, constituting the main crop in such land, whether of spontaneous or artificial growth and includes orchards, but does not include trees on such bunds as are not within or adjunct to such groups of trees; Explanation- The expression “fruit or nut bearing trees‘ shall not include plantain trees. (1) Notwithstanding any agreement between a public trust and the cultivating tenant, or any decree or order of a Court either party may apply to the Rent Court for fixation of fair rent or for deciding any dispute arising under this Chapter. (2) From every decision of a Rent Court, an appeal shall, within such time as may be prescribed, lie to the Rent Tribunal whose decision shall be final, subject to revision, if any, under section 32.

“transferred territory” means the Kanyakumari district and Schencottah taluk of the Tirunelveli district. (1) The Collector of the district shall publish in the months of January, April, July and October every year in the District Gazette the average market price during the immediately preceding three months at the headquarters of each taluk of the main crops of the district. (2) Where, for the payment of fair rent by a cultivating tenant under any public trust, to whom the provisions of this Chapter apply, the cash value of any crop has to be fixed, such value shall be – (a) in the case of any of the crops referred to in sub-section (1), the market price at the taluk headquarters last published under sub-section (1) before the date when such fair rent became payable; (b) in the case of any other crop, such amount as may be agreed upon between the public trust and the cultivating tenant and in the case of disagreement, such amount as may be deemed fair and reasonable by the Rent Court.

The District Court may call for an examine the record of any rent Tribunal in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision, or order passed thereon; and if, in any case, it appears to the District Court that any such proceeding, decision or order should be modified, annulled or reversed or remitted for reconsideration, it may pass orders accordingly: Provided that the District Court shall not pass any order prejudicial to any party unless he has been given a reasonable opportunity of being heard. Explanation- For the purposes of this section ―District Court‖ shall mean— (i) in the City of Madras, the City Civil Court; and (ii) in any other area, the principal civil court of original jurisdiction.

Any ten or more cultivating tenants under any public trust may form a joint tenancy co-operative farming society (in this Act referred to as the tenant farming society) and for that purpose may apply in writing in the Register for the registration thereof.

(1) An application for registration of a tenant farming society shall be accompanied by- (i) extracts from such records as may be prescribed showing the total area with the survey numbers of all the lands held by each of the applicants; (ii) a copy of the proposed by – laws of the tenant farming society; (iii) a statement whether any applicant is in arrear with respect to any rent payable to the public trust, and shall contain such particulars as may be prescribed. (2) The by-laws referred to in clause (ii) of sub-section (1) shall be deemed to be the by-laws required to be filed under the provisions of the Co-operative Societies Act.

(1) After making such enquiry as may be prescribed, the Register shall, subject to such conditions as may be prescribed, register the tenant farming society and grant a certificate of registration. (2) The Register shall cause a copy of the certificate to be forwarded within such time and in such manner as may be prescribed to the authorized officer within whose jurisdiction the land in respect of which the tenant farming society is registered is situated for such action as may be prescribed.

(1) When a tenant farming society has been registered under section 35, the possession of all lands held by a member in respect of which he becomes a member of the tenant farming society shall with effect from the date of such registration and for so long as the registration of the tenant farming society is not cancelled stand transferred to the tenant farming society, which shall thereupon hold such land and use it for agricultural purposes. (2) If any cultivating tenant under any public trust is admitted as a member of a tenant farming society after its registration, the possession of the land held by him and in respect of which he becomes a member, shall with effect from the date on which he becomes a member stand transferred to the tenant farming society. (3) No member of a tenant farming society shall withdraw his membership during the period specified in the agreement executed by him under sub-section (1) of section 40; Provided that the society may, subject to such conditions as may be prescribed, permit any member to withdraw. (4) Where any member of a tenant farming society ceases to be a cultivating tenant by virtue of any order passed under Chapter III by the authorized officer or the District Court in respect of any land the possession of which stood transferred to the tenant farming society, he shall, with effect from the date of such order, cease to be member of that society in respect of that land. (5) (a) Notwithstanding the withdrawal of membership of a tenant farming society by a cultivating tenant under sub-section (3), or the cessation of such membership under sub-section (4), the possession of the land in respect of which the cultivating tenant had become a member shall continue to remain with the tenant farming society and the rights and liabilities of the cultivating tenant aforesaid shall be deemed to have devolved on the tenant farming society: Provided that nothing in this clause shall be deemed to make the tenant farming society liable for the payment of rent accrued due before the date on which the cultivating tenant became a member of such society. (b) The tenant farming society shall in respect of such land as is referred to in clause (a) admit a new member and permit him to cultivate such land: Provided that the extent of the land so cultivated together with the other land already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.

When a certificate of registration in respect of any tenant farming society has been granted as provided in section 35, the provisions of the Co-operative Societies Act and the rules made thereunder shall, so far as they are not inconsistent with the provisions of this Act or of the rules made thereunder, apply in relation to such tenant farming society, as they apply in relation to a society registered under the Co-operative Societies Act.

Nothing in this Act shall be deemed to cause the right of ownership of a public trust or any other person in the land the possession of which stands transferred under section 36 to the tenant farming society to cease to vest in such public trust or such other person.

(1) Every member of a tenant farming society shall execute an agreement with the tenant farming society specifying- (i) the period for which he shall continue as member of such society, such period not being less than five years in any case; (ii) the basis on which the share of his income shall be determined; and (iii) such other matters as may be prescribed. (2) The agreement executed under sub-section (1) shall be sent by registered post by the tenant farming society to the sub-registrar having jurisdiction over the area in which the lands are situated. (3) On receipt of the agreement, the sub-registrar shall register such agreement and issue a copy thereof to the tenant farming society. (4) Any agreement executed under sub-section (1) which has not been registered under sub-section (3) shall be null and void. (5) The tenant farming society shall be entitled to collect any sum due to the society under the agreement executed under sub-section (1) or on any account whatsoever, by any member or past or deceased member.

A tenant farming society shall, as from the date on which it is registered, or from the date on which a new member is admitted, be liable for the payment of rent, betterment contribution and other public charges, if any, accrued due after the date aforesaid and payable by the member concerned under this Act or any other law for the time being in force, in respect of the land the possession of which stands transferred to the tenant farming society under section 36.

Subject to such conditions as may be prescribed, any cultivating tenant under any public trust may be admitted as a member of a tenant farming society.

When a member, the possession of whose land stands transferred to a tenant farming society, dies, his heirs shall be deemed to have become the members of the tenant farming society subject to the same rights and liabilities of the first mentioned member.

A tenant farming society shall be entitled to such concessions and facilities as may be prescribed.

(1) For the purposes of this Act, the tenant farming societies specified in Schedule II shall be deemed to have been registered under this Chapter on the notified date and the provisions of this Act shall, as far as may be, apply to such tenant farming societies. (2) The Government may by notification, add any tenant farming society registered under the Co-operative Societies Act, before the date of the commencement of this Act and in possession of land belonging to any public trust to, or omit any tenant farming society from, Schedule II; and, on the publication of such notification, such tenant farming society shall be deemed to be included in, or as the case may be, omitted from, Schedule II.