Section 56 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
56. Collection of arrears of rent which accrued before the notified date.
(1)[In the case of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the [Tamil Nadu] [These words, brackets and figures were substituted for the words 'In the case of an existing inam estate, after the notified date, the landholder shall not be entitled to collect' by section 7(1)(a) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of l966), which was deemed to have come into force on the 1st January 1964.] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947), the landholder shall not, after the notified date, be entitled to collect] any rent which accrued due to him from any ryot before, and is outstanding on, that date; but the Manager appointed under section 6 shall be entitled to collect all such rent and any interest payable thereon together with any costs which may have been decreed, as if they were arrears of land revenue; and there shall be paid to the landholder all amounts so collected after deducting:(a)ten per cent thereof on account of collection charges,(b)the arrears of quit-rent, jodi or other amount, if any, of a like nature due from the land holder to Government, and(c)the rent, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the inam estate is notified under this Act and any amount collected by the landholder from the ryots in excess of the rent determined [before the notified date] [Inserted by section 7(i)(b) of the Tamil Nadu Act 2 of 1966.] under the [Tamil Nadu] [Substituted for '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 (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year.Provisos were omitted by section 7(i)(c) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966) which was deemed to have come into force on the 1st January 1964.Explanation [I] [The Explanation to sub-section (2) of section 56 was numbered as Explanation I of that subsection and this Explanation was added by section 7(i)(d) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.]. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined [before the notified date] [These words were inserted by section 7(i)(d)(l) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.] under the [Tamil Nadu] [Substituted for '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 (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947) and paid to the landholder shall, for the purposes of this sub-section, be deemed to be an amount collected by the landholder.[Explanation II. [Substituted for 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] - For the removal of doubts, it is hereby declared that nothing in this sub-section shall be construed as reviving any claim for arrears of rent for fasli year 1356 and prior fasli years, if such claim is barred by limitation under any law for the time being in force.][(2-A) (i) Notwithstanding anything contained in this Act, in the case of an existing inam estate in respect of which the rate of rent has not been determined before the notified date under the [Tamil Nadu] [Inserted by section 7(ii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947), if the ryot has paid to the landholder before the notified date or pays to the landholder within two years of the notified date or of the date of the publication of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 in the Fort St. George Gazette, whichever is later, the rent due for the fasli years 1371 and 1372 and any interest payable thereon together with any costs which may have been decreed, then, all arrears of rent due from such ryot to the landholder in respect of all prior fasli years including interest and costs, if any, shall be deemed to have been completely discharged.(ii)In any suit or proceeding for the recovery of any arrears of rent due to a landholder from a ryot for any fasli year prior to fasli year 1371, the Court or authority concerned shall, upon deposit in the court or before the authority, or upon proof by the ryot of the payment to the landholder, of the rent due for the fasli years 1371 and 1372, dismiss the suit or proceeding.(iii)If before the notified date, any decree or order has been passed in any suit or proceeding for the recovery of any arrears of rent due from a ryot for any fasli year prior to fasli year 1371, the Court or authority concerned shall, upon deposit in the Court or before the authority or upon proof of the payment to the landholder, of the rent due from the ryot for fasli years 1371 and 1372 and on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order:Provided that nothing contained in this sub-section shall apply to any suit or proceeding in which the decree or order has been satisfied in full before the notified date.Explanation. - For the removal of doubts, it is hereby declared that nothing in this sub-section shall be construed as reviving any claim for arrears of rent if such claim is barred by limitation under any law for the time being in force.](3)(i)Notwithstanding anything contained in this Act, in the case of a new inam estate, all arrears of rent payable by a ryot to a landholder in respect of any land in such estate and outstanding on the date of publication of this Act in the Fort St. George Gazette shall, to the extent to which such arrears are in excess of the rent due for three fasli years in respect of that land, be deemed to be discharged whether or not a decree has been obtained therefor, if the ryot pays to the landholder the arrears of rent due for a period of any three fasli years.(ii)In any suit or proceeding for the recovery of any arrears of rent referred to in clause (i), the Court or authority concerned, shall, upon deposit in the Court or before the authority, or upon proof by the ryot of the payment, of arrears of such rent for three fasli years, dismiss the suit or proceeding.(iii)If before the date of publication of this Act in the Fort St. George Gazette, any decree or order has been passed in any suit or proceeding for the recovery of any arrears of rent due from a ryot, which is inconsistent with the provisions of this sub-section, the Court or authority concerned shall, upon deposit in the Court or before the authority or upon proof of the payment of the arrears of rent due from the ryot for three fasli years and on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order:Provided that nothing contained in this sub-section shall apply to any suit or proceeding in which the decree or order has been satisfied in full, before the date of publication of this Act in the Fort St. George Gazette.(iv)The provisions of this section shall have effect notwithstanding anything inconsistent therewith contained in the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1963.[Explanation I. [The Explanation to sub-section (3) of section 56 was numbered as Explanation I of that subsection and this Explanation was added by section 7(iii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.] - For the removal of doubts, it is hereby declared that the payment, or deposit, of arrears of rent for three fasli years referred to in this subsection shall be payment or deposit made after the date of publication of the Act in the Fort St. George Gazette.][Explanation II. [The Explanation to sub-section (3) of section 56 was numbered as Explanation I of that subsection and this Explanation was added by section 7(iii) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964] - For the removal of doubts, it is hereby declared that nothing in this sub-section shall be construed as reviving any claim for arrears of rent, if such claim is barred by limitation under any law for the time being in force.]
