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[Cites 0, Cited by 18] [Section 3] [Entire Act]

State of Tamilnadu - Subsection

Section 3(2) in Tamil Nadu Cultivating Tenants Protection Act, 1955

(2)Subject to the next succeeding sub-section, sub-section (1) shall not apply to a cultivating tenant -
(a)[ who, in the areas where the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Tamil Nadu Act XIV of 1952), was in force immediately before the dale of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord does not pay such rent within six weeks after such commencement or who in respect of rent payable to the landlord after the commencement of this Act, does not pay such rent within a month after such rent becomes due; or [Substituted for the original clause (a) by section 4(a)(i) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).]
(aa)who, in the other areas of the State of Tamil Nadu, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord and accrued due subsequent to the 31st March, 1954, does not pay such rent within a month alter such commencement, or who in respect of rent payable to the landlord after such commencement, does not pay such rent within a month after such rent becomes due; or]
(b)who has done any act or has been guilty of any negligence which is destructive of, or injurious to, the land or any crop thereon or has altogether ceased to cultivate the land; or
(c)who ha s used the land for any purpose not being an agricultural or horticultural purpose; or
(d)who has willfully denied the title of the landlord to the land.
[Explanation I. [The original Explanation as renumbered as Explanation I and Explanation II was added by section 4(a)(ii) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).] - A denial of the landlord's title under a bona fide mistake of fact is not wilful within the meaning of this clause.][Explanation II. [The original Explanation was renumbered, as Explanation land Explanation II was added by section 4(a)lii) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).] - In relation to areas where the Tanjore Panniyal Protection Act, 1952 ([Tamil Nadu] Act XIV of 1952) [was in force] [Substituted for the words and to areas where the South Kanara Cultivating Tenants Protection Act 1954 (Madras Act VI of 1954) it ere in force' by clause 3 of, and the Schedule to, the Madras Adaptation of Laws Order, 1957.] immediately before the dale of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956, the expression "commencement of this Act" wherever it occurs in this Act shall be construed as referring to the date aforesaid.][Explanation III. [Added by section 3(iii)(a) 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, clause (aa) of this subsection shall have effect as if the following clause had been substituted, namely:-"(aa) who, if in arrear on 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], with respect to the rent payable to the landlord and accrued due during a period of one month before such date does not pay such rent within a month after such date, or who in respect oi rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due; or"][Explanation IV. - In relation to Kanyakumari district, clauses (aa) of this sub-section shall have effect as if the following clause had been substituted, namely:-
(aa)who, if in arrear on the dale on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972, is first published in the Tamil Nadu Government Gazette with respect to the rent payable to the landlord and accrued due during a period of one moot Is before such date does not pay such rent within a month after such date, or who in respect of rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due; or]