Section 23 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
23. Cultivating tenant to continue in possession of land acquired under section 18 in certain cases.
(1)Subject to the other provisions of these rules, where the surplus land acquired under section 18 is in the possession of a cultivating tenant, such cultivating tenant may, on application made by him to the authorized officer 1 in Form 13, be allowed to continue in possession of such land:Provided that the extent of land so allowed to be continued in his I possession together with the other land, if any, held by him shall not exceed five standard acres.Explanation. - For the purpose of this rule, "cultivating tenant" shall have the same meaning as in section 3(10) and shall include any tenant who is in actual possession of land, but does not contribute his own physical labour or that of any member of his family in the cultivation of such land.(2)The application referred to in sub-rule (1) shall be made within one month from the date of publication of the notification under section 18(1).(3)The authorized officer may, on receiving the application referred to in sub-rule (1), make such local inquiry and inspection as may be necessary or cause it to be made by an officer of the Revenue Department not lower in rank than a Revenue Inspector who shall re-submit the application to the authorized officer with his report.(4)After such inquiry or inspection or on receipt of the report referred to in sub-rule (3), the authorized officer shall, if he is satisfied as to the bona fides of the application and the applicant's solvency and capacity to undertake the lease, pass orders allowing the applicant to continue in possession of the surplus land on lease. If he is not so satisfied, he shall reject the application. The orders passed on any application shall be communicated to the party concerned.(5)The order allowing the cultivating tenant (hereinafter in this rule referred to as the lessee) to continue in possession of the land shall be, subject to the conditions hereinafter specified, namely:-(a)The lessee shall execute a lease deed in such form as may be specified by the Government, within one month from the date on which the authorized officer passes orders allowing the lessee to continue in possession of the land.(b)The period of lease shall be for one agricultural year in the first instance and, thereafter, the lease may be renewed annually at the discretion of the authorized officer and such renewal shall be, subject to such modifications and additions as may be specified by the authorized officer.(c)The lessee shall, within fifteen days from the date of sanction of the lease, deposit one year's rent as security for the due observance and fulfilment of the terms and conditions of the lease and such security deposit shall, unless otherwise dealt with under these rules, be refunded to the lessee after the expiry of the lease.(d)The rent chargeable for the land shall be an amount equal to the fair rent calculated in the manner specified in paragraph 4 of Part I of Schedule III to the Act and shall be payable "before such date or dates as may be fixed by the authorized officer.(e)Arrears of rent shall bear interest at six per cent per annum from the date on which the rent becomes due.(f)The lessee shall not use the land or allow it to be used except for the purpose for which it is leased.(g)The lessee shall permit the officers and servants of the Government with or without workmen, at all times, to enter upon the land, to inspect the condition of the land or to execute any work thereon.(h)The lessee shall not assign or underrate the benefits arising under the lease, without the previous written permission of the authorized officer.(i)The lessee shall take all reasonable measures to the satisfaction of the authorized officer to protect from loss, danger or destruction and to maintain in a proper state of repair, compound walls, bunds and ridges, drainage and irrigation canals and channels, wells, tanks, embankments and structures, gates and pathways, and all other improvements on the land (whether permanent or not) including trees and plants. He shall also take adequate safeguards against trespass by animals or humans and against deterioration of the land generally.(j)The lessee shall see that the marks, if any, made by the officers of the Government on trees or other improvements, are preserved and not tampered with.(k)The lessee shall have no rights whatsoever to any trees standing on the land.(l)The lessee shall not cut or remove any live trees or plants or cause them to be cut or removed without the previous written permission of the authorized officer. He shall hand over, from time to time, the trees cut with the authorized officer's permission, and also the withered, wind-fallen or dead trees and branches, to the village officer who shall arrange for their sale in public auction and remit the proceeds thereof to the Government after deducting the charges incidental thereto.(m)The lessee shall not erect any buildings, fences, or structures of a permanent or temporary character on the land without the previous written permission of the authorized officer.(n)On the expiry of the period of the lease or termination thereof under clause (r), the lessee shall restore the land to the Government in the state in which it was leased out to him.(o)All amounts payable by the lessee to the Government under these rules shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.(p)When there is a total or partial failure of crops, remission of rent shall be allowed to the lessee to the same extent, on the same principle, and in the same proportion, as remission of land revenue assessment is allowed by the Government.(q)When a lessee dies, his heirs shall have the option to continue in possession of the land for the expired period of the lease on the same terms and conditions.(r)In the event of infringement of any of the terms and conditions specified in these rules or in the order allowing the lessee to continue in possession of the land or in the deed witnessing the lease, the lessee shall be liable to forfeit the amount of deposit made by him under clause (c) and to pay such compensation as may be determined by the authorized officer, for any loss or damage resulting from such infringement. Such infringement shall also render the lease liable to termination without compensation to the lessee. It shall also be competent for the authorized officer or any person authorized by him, to enter upon the land leased out and evict the lessee summarily from the land: Provided that before taking action under this clause, the lessee shall be given a reasonable opportunity of showing cause against the action proposed to be taken.(6)If the lessee desires to have the lease renewed, he shall apply to the authorized officer for renewal in Form 13, and not less than three months before the date of expiry of the lease.
