Section 3 in Tamil Nadu Estates Land (Reduction of Rent) Act, 1947
3. Power of State Government to reduce rates of rent after considering Special Officer's recommendations.
- [(1) After completing his work in. any estate, the Special Officer shall submit his recommendations to the State Government, through the Board of Revenue3 specifying, in the case of ryoti lands which were in existence at the commencement of this Act, (i) the extent, if any, to which the rents for each class of such lands in each village or group of villages in the estate, should, in his opinion, be reduced, and (ii) the rate of rent payable for each such class after such reduction, and in the case of lands in each village or group of villages in the estate which became ryoti lands after the commencement of this Act, the rate of rent determined by him in accordance with the provisions of sub-section (3-A) of section 2:] [Subsitituted for the original sub-section (1) by section 3(i) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).]Provided that, with the approval of the [Board of Revenue] [The Board of Revenue was abolished. Now Commissioner of Land Administration vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.], recommendations may be made under this sub-section separately, in respect of portions of an estate.(2)After considering the recommendations of the Special Officer and the remarks of the [Board of Revenue] [The Board of Revenue was abolished. Now Commissioner of Land Administration vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] thereon, the [State] [Substituted for the word 'Provincial' by the Administration Order of 1950.] Government shall, by order published in the [Fort St. George Gazette] [Now Tamil Nadu Government Gazette.], fix the rates of rent payable in respect of each class of ryoti land in each village in the estate:[Provided that where the rate of rent so fixed in respect of any class of ryoti lands which were in existence at the commencement of this Act,] [Substituted for the original proviso by section 3(ii) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).] or in respect of any class of lands which became ryoti lands in any fasli year after such commencement exceeds the rate of rent payable in respect thereof at such commencement or in that fasli year, as the case may be, only the latter rate of rent shall be payable in respect of such land.[2-A Notwithstanding anything contained in sub-section (2), where the rate of rent payable in respect of ryoti land of any class, whether in virtue of the first or of the second paragraph of that sub-section, is wholly in kind or partly in kind and partly in cash and the aggregate money value of the rate of rent so payable exceeds the highest rate of ryotwari assessment payable for any land of the same class in the revenue district in which such ryoti land is situated, then, only the latter rate of rent shall be payable in respect of the land.] [Inserted by section 2 of the Tamil Nadu Estates Land (Reduction of Rent) Second Amendment Act, 1951 (Tamil Nadu Act XXXIX of 1951), which section was deemed to have come into force on the 7th January 1948.](3)[ An order under sub-section (2) shall, in relation to ryoti lands which were in existence at the commencement of this Act, take effect from the commencement of the fasli year 1357, and in relation to lands which become ryoti lands in any fasli year after the commencement of this Act, from the commencement of that fasli year.] [Substituted for the original sub-section (3) by section 3(iii) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).](4)[After such an order has taken effect in respect of any estate or portion of an estate, the rents due in respect of ryoti lands in such estate or portion with effect from the commencement of the fasli year in which the order took effect] [Substituted for the words and figures 'After such an order has taken effect in respect of any estate or portion of an estate, the rents due in respect of ryoti lands in such estate or portion with effect from the commencement of the fasli year 1357' by section 3(iv)(a) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).] as well as the rents which have fallen or may fall due in respect of such lands for [any subsequent fasli year] [Substituted for the words and figures 'any fasli subsequent to fasli 1357' by section 3( iv)(b) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).] until the commencement of the fasli year in which the estate may be finally taken over by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government [and any interest payable on such rents under subsection (6)] [Inserted by section 3(i) of the Tamil Nadu Estates Land (Reduction of Rend Amendment Act, 1951 (Tamil Nadu Act VII of 1951), which section was deemed to have come into force on the 7th January 1948.] shall be recovered by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government as if such rents [and interest] [Inserted by section 3(i) of the Tamil Nadu Estates Land (Reduction of Rend Amendment Act, 1951 (Tamil Nadu Act VII of 1951), which section was deemed to have come into force on the 7th January 1948.] were arrears of land revenue due to them; and the amount so recovered in respect of each fasli, after deducting therefrom the cost of such recovery as determined in accordance with such rules as may be made by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government in that behalf, and also the pesh-kash, cesses, and other moneys due from the landholder to the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government and constituting a charge on the estate shall be paid to the landholder.[Explanation.] [Added by section 3(ii) the Adaptation Order of 1950.] - The provisions of this subsection shall apply to an estate, whether the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates (Abolition and Conversion into Ryotwari) Act, 1948 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXVI of 1948), applies to it or not.(5)[ Any rents recoverable by the State Government under sub-section (4) for any fasli year shall be payable in instalments in that fasli year, according to the kistbandi fixed for the collection of land revenue in the ryotwari areas in the district in which the estate or portion of the estate is situated.] [Sub-sections (5), (6) and (7) were added after sub-section (4) by section 3 (iii) of the Tamil Nadu Estates Land (Reduction of Rent; Amendment Act, 1951 (Tamil Nadu Act VII of 1951).](6)Any rents recoverable by the State Government under sub-section (4) for any fasli year shall, until they are paid, bear simple interest at the rate of six per cent per annum from the commencement of the succeeding fasli year or of the fasli year succeeding that in which the order under sub-section (2) is made in respect of the estate or portion of the estate, whichever is later; and notwithstanding anything contained in the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates Land Act, 1908 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act I of 1908), no interest shall be payable in respect of any period before such commencement.(7)The landholder shall not be entitled to collect, and the provisions of Chapters V and VI of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates Land Act, 1908 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act I of 1908), shall cease to apply to, any rents or interest recoverable by the State Government under sub-section (4).]
