Section 5 in Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956
5. Fair rent may be in cash or in kind.
(1)The fair rent in respect of any land may be paid either in cash or in kind or partly in cash and partly in kind, in accordance with the terms of the contract between the landowner and the cultivating tenant; in the absence of such a contract, the fair rent may be paid at the option of the cultivating tenant in any one of the above ways:Provided that the option shall be exercised in the case of a tenancy in force on the date on which this Act is first published in the [Fort St. George Gazette] [Now the Tamil Nadu Government Gazette.], within three month from that date and in any other case within three months from the date on which the tenancy agreement takes effect; and if the cultivating tenant does not exercise the option, within the period aforesaid, the landowner shall, by notice in writing given to the cultivating tenant, specify the was in which the fair rent shall be paid by the cultivating tenant:Provided further that the option once exercised or the way once specified shall not be changed except by mutual agreement:Provided further that where the crop raised is paddy, the landowner shall have the right to insist that the rent shall be paid in kind.[Explanation I. [Added by section 3(iii) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961 (Tamil Nadu Act 32 of 1961), which was deemed to have come into force on the 2nd March 1960.] - In relation to the Shencottah taluk of the Tirunelveli district, the expression "the date on which this Act is first published in the Fort St. George Gazette" occurring in the first proviso to this sub-section shall be construed as referring to "the date on which the [Tamil Nadu] [Sub-section (1) was substituted by the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Amendment Act, 1981 (Tamil Nadu Act 17 of 1980), with effect from the 26th April 1980.] Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961, is first published in the Fort St. George Gazette".][Explanation II. [The Explanation to sub-sect urn (1) of section 5 was numbered as Explanation I of that subsection and Explanation II was added by section 4(iv) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).] - In relation to the added territories, the expression "the date on which this Act is first published in the Fort St. George Gazette" occurring in the first proviso to this sub-section shall be construed as referring to "the date on which the [Tamil Nadu] Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 is first published in the Fort St. George Gazette".][Explanation III. [Added by section 3(iii) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act 1972 (Tamil Nadu Act 4 of 1976).] - In relation to Kanyakumari district, the expression "the date on which this Act is first published in the Fort St. George Gazette", occurring in the first proviso to this section shall be construed as referring to "the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976), is first published in the Tamil Nadu Government Gazette".](2)Whenever adverse seasonal conditions result in the reduction of the gross produce from any particular crop to the extent of more than 25 per cent, the landowner shall be bound to remit a proportionate part of the fair rent due to him from his cultivating tenant in respect of that land for that period:Provided that, before admitting or inquiring into an application made by a cultivating tenant for remission of fair rent under this section, the Rent Court may impose such conditions as it considers reasonable in the circumstances of the case including conditions as to deposit of admitted rent which has become due.
