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[Cites 0, Cited by 7] [Entire Act]

State of Tamilnadu - Section

Section 2 in The Tamil Nadu Agricultural Lands Record Of Tenancy Rights Act, 1969

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"cultivation" means the use of land for the purpose of agriculture or horticulture;
(2)"Government" means the State Government;
(3)"intermediary" means any person, who, not being an owner or a possessory mortgagee, has an interest in land by virtue of a tenancy agreement and is entitled by reason of such interest, to possession thereof but has transferred such possession to others;
(4)"land" means a land used for purposes of agriculture or horticulture, or for purposes ancillary thereto, and includes any building or any waste, vacant or forest land appurtenant thereto and any house-site belonging to the land-owner and let to the tenant under the same tenancy agreement;
(5)"land-owner" means the owner of the land let for cultivation by a tenant and includes the heirs, assignees or legal representatives of such owner or persons deriving rights through him;
(6)"possessory mortgagee" means a mortgagee entitled to the possession of the whole or part of the mortgaged property and to receive the rents and profits accruing from such properly or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage money or partly in lieu of interest or partly in, payment of the mortgage money; and "possessory mortgage" and "possessory mortgagor" shall be construed accordingly;
(7)"record officer" means any officer of the Revenue Department not below the rank of Deputy Tahsildar authorised by the Government by notification to exercise the powers conferred on, and to discharge the duties imposed upon, the record officer under this Act for such area as may be specified in the notification;
(8)
(i)"tenant" in respect of any area in the State (other than the Kanyakumari district)-
(a)means in relation to any land to which the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), applies, a cultivating tenant as defined in clause (a) of section 2 of that Act and includes-
(i)a mattuvaramdar referred to in clause (a) or clause (b) of section 7 of the Tiruchirappalli Kaiaeruvarum and Mattuvaram Act, 1958 (Tamil Nadu Act XXXVI of 1958); and
(ii)a possessory mortgagor, who, under a tenancy agreement, express or implied, with the possessory mortgagee, contributes his own physical labour or that of any member of his family in the cultivation of the land subject to possessory mortgage; and
(b)means, in relation to any land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961), applies, a cultivating tenant as defined in clause (5) of section 2 of that Act;
(ii)"tenant" in respect of any area in the Kanyakumari district-
(a)in relation to any land other than the land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961) applies-
(i)means a person who contributes his own physical labour or that of any member of his family in the cultivation of any land belonging to another, under a tenancy agreement, express or implied; and
(ii)includes-
(a)any such person who continues in possession of the land after the determination of the tenancy agreement;
(b)the heir of such person, if the heir contributes his own physical labour or that of any member of his family in the cultivation of such land;
(c)a sub-tenant if he contributes his own physical labour or that of any member of his family in the cultivation of such land; or
(d)any such sub-tenant who continues in possession of the land, notwithstanding that the person who sub-let the land to such sub-tenant ceases to have the right to possession of such land;
(e)a possessory mortgagor, who, under a tenancy agreement, express or implied, with the possessory mortgagee, contributes his own physical labour or that of any member of his family in the cultivation of the land subject to possessory mortgage; but
(iii)does not include a mere intermediary or his heir;
(b)means in relation to any land to which the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961), applies, a cultivating tenant as defined in clause (5) of section 2 of that Act;]
(9)"village" means any local area which is designated as a village in the revenue accounts and for which the revenue accounts are separately maintained by one or more kamams or which is now recognised by the Government or may hereafter be declared by the Government for the purposes of this Act to be a village, and shall include any hamlet or hamlets which may be attached thereto.