Section 4AA in Tamil Nadu Cultivating Tenants Protection Act, 1955
4AA. [ Special privileges for member of the Armed Forces. [Inserted by section 3(ii) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).]
(1)A cultivating tenant who is enrolled as a member of the Armed Forces, may, on or after such enrolment, sublet the lands held by him, as cultivating tenant.] [x x x] [The portion 'and the sub-tenant concerned shall, subject to the provisions of sub-section (2), be deemed to be a cultivating tenant for the purposes of this Act and of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956), if such subtenant contributes his own physical labour or that of any member of his family in the cultivation of such land' was omitted by section 2(ii)(a) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1969 (Tamil Nadu Act 9 of 1969).].(2)A cultivating tenant who is enrolled as a member of the Armed Forces, on discharge or retirement from service or on being sent to Reserve, shall, on application for resumption made within the prescribed period to the Revenue Divisional Officer, be entitled to [resume possession of the land sublet by him under sub-section (1).] [This expression was substituted for the expression 'resume possession from the sub-tenant referred to in sub-section (1), of the land sublet by him under that sub-section' by section 2(ii)(b) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1969 (Tamil Nadu Act 9 of 1969).](3)A landlord who is enrolled as a member of the Armed Forces shall, on discharge or retirement from service or on being sent to Reserve, be entitled to resume possession from any cultivating tenant for purposes of personal cultivation of that extent of land, which together with the extent of land, if any, already in his possession does not exceed the ceiling area which he is entitled to hold under the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws Second Amendment) Order, 1969.] Land Reforms (Fixation of Ceiling on Land) Act, 1961 ([Tamil Nadu] [Substituted and was deemed to have been substituted, with effect from the 5th July 1973, by section 3 of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1976 (President's Act is of 1976) for the following sub-section (4) inserted by section 3(ii) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (by Tamil Nadu Act 9 of 1965). '(4) The provisions of sub-section (71 of section 4-A shall, as far may be, apply for the resumption of any land under sub-section (2) or sub-section (3) as they apply for the resumption of any land under sub section (1) of section 4-A.'] Act LVIII of 1961).(4)[ (a) Any person desiring to resume any land under sub-section (2) or, as the case may be, under sub-section (3) (hereinafter referred to in this sub-section referred to as the applicant) shall apply to the Revenue Divisional Officer and on receipt of such application, the Revenue Divisional Officer shall, after giving a reasonable opportunity to the applicant and person in possession of the land (hereinafter in this sub-section referred to as the possessor) to make their representations, hold a summary enquiry into the matter and pass an order directing possessor to put the applicant in possession of the land or dismissing the application.] [Substituted and was deemed to have been substituted, with effect from the 5th July 1973, sub-section 3 of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1976 (President's Act 18 of 1976) for the following sub-section (4) inserted be section 3(ii) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (by Tamil Nadu Act 9 of 1965): '(4) The provisions of subsection (2) of section 4-A hall, as far may be. apply for the resumption of any land under sub-section (2) or sub-section (3) as they apply for the resumption of any land under section (1) of section 4-A.'](b)Where Revenue Divisional Officer passes an order under clause (a) directing the possessor to put the applicant in possession of the land, the revenue Divisional Officer may impose such conditions as he may consider just and equitable including condition in regard to the reimbursement by the applicant to the possessor in respect of the expenses incurred by the possessor or labour contributed by him on any crop which has not been harvested, if an agreement is not reached between the parties as regards the rate and manner of such reimbursement.Explanation. - In lieu of imposing any condition relating to reimbursement as provided in clause (b), the Revenue Divisional Officer may, in his discretion, postpone the restoration of the applicant to possession of the land, until any crop which is being grown thereon, at the time when the order is passed, has been harvested.(5)Where a member of the Armed Forces dies while in service, the special privileges conferred by this section on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death.(6)The provisions of tins section have effect notwithstanding anything inconsistent therewith contained in any other provision of this Act or of any other Act,Explanation. - For the purpose of this Act-(a)member of the Armed Forces shall have the same meaning as in clause (29) of section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 7969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 7969.] Act LVIII of 1961);(b)a member of the Armed Forces who has been discharged or retired from service or who has been sent to Reserve is said to carry on personal cultivation on a land when contributes his own physical labour or that of the members of his family in the cultivation of that land; and(c)a member of the Armed Forces in service shall be deemed to carry on personal cultivation on a land if such land is cultivated by the members of his family or by his own servants or by hired labour, with his own or hired stock.
