Section 14 in Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961
14. Authorized officer to choose persons to cultivate land mismanaged by public trusts.
(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 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.(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 sections 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 officer 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 the land so leased out to any one person together with the other land, any already held by him shall not exceed in the aggregate the cultivating tenant's ceiling area.[14-A. Special powers of the Authorized officer. [This Section was inserted by section 5 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Amendment Act, 1972 (Tamil Nadu Act 15 of 1973).](1)Notwithstanding anything contained in this Chapter, the authorized officer may, either suo motu or on application, call for and examine for the purpose of this Chapter any record of the public trust and if, such examination, the authorized officer is satisfied the in respect of any land held by the public trust-(1)the public trust has failed to lease out the lat in accordance with the provisions of sections 6, 8 and 15(1); or(ii)any lease by the public trust under this Chapter is not bona fide, or(iii)any direction given by him under clause (b) of section 12 or clause (b) of sub-section (2) of section 13, or sub-section (1) or sub-section (2) of section 14, has not been complied with, [or](iv)[ the public trust has failed to evict any person, not being a cultivating tenant, in occupation of the land without proper authority from such public trust] [This clause was inserted by section 3(b), Second Amendment Act, 1980 (Tamil Nadu Act 38 of 1980).],he may, after giving notice to the trustee of the public trust and the other persons likely to be affected, pass an order directing the trustee to lease out the land within the prescribed period to any one of the persons from the list furnished by him to the trustee concerned:Provided that the extent of land so leased out to any such 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)The list mentioned in sub-section (1) shall contain only persons who-(a)are already cultivating tenants; or(b)if they are not already cultivating tenants, shall execute agreements with the public trust that they will contribute their own physical labour or that of any member of their family in the cultivation of the land so leased out.(3)If the authorized officer is satisfied either suo motu or on application that in respect of any land held by the public trust-(a)the trustee of the public trust has not complied with any direction issued under sub-section (1); or(b)the person to whom the land has been leased in pursuance of such direction does not contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out to him; or(c)if such person contravenes any of the provisions of the tenancy agreement, the authorized officer shall, after giving notice to the said trustee and person, cancel the existing lease, if any, and lease out the land himself on behalf of the public trust to-(i)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 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, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant's ceiling area.(4)Where any order has been passed by the authorized officer leasing out the land under sub-section (3) on behalf of the public trust, any person in possession of the land on the date of such order, shall be deemed to have been evicted and the trustee of the public trust shall take possession of the land immediately and deliver possession of such land to the person to whom the land has been leased out under sub-section (3).(5)(i)If the person who is deemed to have been evicted under sub-section (4), fail to deliver possession of the land to the trustee or obstructs the trustee from taking possession of such land; or(ii)if the trustee fails to take possession of the land under sub-section (4),the authorized officer may, after using such force as may be necessary for the purpose, take possession of the land himself on behalf of the public trust and deliver possession of such land to the person to whom the land has been leased out under sub-section (3).(6)A lease by the authorized officer under sub-section (3) shall be deemed to be a lease by the public trust and the public trust shall enter into a tenancy agreement with the person to whom the land has been leased out under sub-section (3) and the provisions of section 21 and the other provisions of this Act shall accordingly apply.]
