Section 2 in Tamil Nadu Estates Land (Reduction of Rent) Act, 1947
2. Appointment of Special Officer to recommend rates of rent in estates.
(1)[(a)] [Sub-section (1) of section 2 was lettered as clause (a) of that sub-section and clause (b) was added by section 2(i) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).] The [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government may appoint a Special Officer for any estate or estates for Special the purpose of recommending fair and equitable rent for the ryoti lands in such estate or estates.(b)[] [Sub-section (1) of section 2 was lettered as clause (a) of that sub-section and clause (b) was added by section 2(i)of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).] The Special Officer so appointed shall also recommend fair and equitable rates of rent for all lands in such estate or estates which became ryoti lands after the commencement of this Act.(2)The Special Officer shall first determine in respect of each village (hereinafter in this section referred to as "principal village") in an estate -(a)the average rate of cash rent per acre prevailing at the commencement of this Act, [for each class of ryoti land which was in existence in the principal village at such commencement] [Substituted for the words 'for each class of ryoti land in the principal village' by section 2(ii) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961).], such as wet, dry and garden:Provided that where no cash rents are prevalent in the principal village in respect of any class of land, the Special Officer shall determine the average rate of cash rent per acre prevailing at such commencement for such class of land in the nearest village in the estate in which cash rents are prevalent for such class of land and in which conditions are generally similar to those obtaining in the principal village, or where there is no such village in the estate, in the nearest village in the nearest estate in respect of which village both the requirements specified above are satisfied;(b)the average rate of assessment per acre prevailing at such commencement in respect of each of the said classes of land in the nearest ryotwari area in which conditions are generally similar to those obtaining in the principal village.(3)The Special Officer shall then compare the average rates of cash rent as determined under clause (a) of sub-section (2) with the average rates of assessment as determined under clause (b) of that sub-section, and after making due allowance for any difference in the conditions prevailing in the two cases, and also, in cases falling under the proviso to clause (a) of sub-section (2), for any difference in the conditions prevailing in the village referred to in that proviso and in the principal village, determine (i) the extent, if any, to which the rates of rent payable for each class of ryoti land in the principal village should, in his opinion, be reduced, and (ii) the rates of rent payable for each such class of lands after such reduction.Explanation I. - The Special Officer shall have power only to determine that the rents payable for any class of ryoti land in the principal village shall be reduced; and he shall have no power to determine that such rents shall be enhanced.Explanation II. - The extent of reduction, if any, determined by the Special Officer under this sub-section shall also apply where rent in the principal village is paid in kind or on the estimated value of a portion of the crop or at rates varying with the crop, whether in cash or in kind, or partly in one of these ways and partly in another, or partly in one or more of these ways and partly in cash. In every such case, the Special Officer shall also determine the rent payable, whether in kind or in cash or partly in kind and partly in cash, as the case may be.[3-A In the case of lands in an estate which became ryoti lands after the commencement of this Act, the Special Officer shall determine for each class of such lands in the principal village the rates of rent per acre payable therefor under this Act. The rates of rent so determined shall be the same as those fixed under sub-section (2) of section 3 for similar ryoti lands in the same village:] [Inserted by section 2(iii) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961.]Provided that where the rates of rent payable in respect of ryoti lands in the principal village have not been fixed under sub-section (2) of section 3, or where there are no similar ryoti lands in the principal village, the rates of rent so determined shall be the same as those fixed under sub-section (2) of section 3 for similar ryoti lands in the nearest village in the estate, or, if there is no such village, in the nearest village in the nearest estate in which conditions are generally similar to those obtaining in the principal village.(4)Where the conditions in a group of two or more villages in an estate are generally similar, the Special Officer may perform the functions under [sub-sections (2), (3) and (3-A)] [Substituted for 'sub-sections (2) and (3)' by section 2(ii) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961 (Tamil Nadu Act 15 of 1961)] in respect of such group of villages as a whole, instead of separately in respect of each village in the group.
