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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Tamilnadu - Subsection

Section 4(2) in Tamil Nadu Impartible Estates Act, 1904

(2)Permissible alientations. - In particular and without prejudice to the generality of the foregoing provisions, the proprietor of an impartible estate is hereby expressly authorized -
(a)to grant sites for public charitable and public religious institutions;
(b)to grant mining or quarrying leases for terms not exceeding sixty years and leases of the pannai or home farm lands for terms not exceeding fifteen years, provided that every such lease -
(i)shall be by registered deed and shall be made to take effect in possession not later than twelve months after its date;
(ii)shall reserve the best rent that can reasonably be obtained, regard being had to any money laid out or to be laid out by the lessee for the benefit of the estate, but not to any fine or premium paid or to be paid in consideration of granting such lease;
(iii)shall contain a covenant by the lessee for payment of rent and a condition of re-entry on the rent not being paid within a time therein specified not exceeding three months;
(iv)if a mining or quarrying lease, may make the rent ascertainable by or to vary according to the acreage worked, or by or according to the quantities of any mineral or substance gotten, made merchantable, converted, carried away, or disposed of in or from such estate, or any other land, or by or according to any facilities given in that behalf, and may reserve a fixed or minimum rent with or without power for the lessee, in case the rent according to acreage or quantity in any specified period does not produce an amount equal to the fixed or minimum rent, to make up the deficiency in any subsequent specified period, free of rent other than the fixed or minimum rent;
(c)[ (i) to exchange the impartible estate or any part or parts thereof for an estate or estates or part or parts of an estate or estates; and [Added by section 3 of the Madras Impartible Estates (Amendment) Act, 1934 (Madras Act I of 1934)]
(ii)to sell the impartible estate or any part or parts thereof and acquire with the proceeds of such sale an estate or estates or part or parts of an estate or estates:
Provided that the Collector of the district in which the impartible estate which is to be exchanged or sold or the part or parts thereof which is or are to be exchanged or sold is or are situated, has granted a certificate or where the impartible estate or part or parts thereof affected is or are situated in more than one district, the / Collectors of all the districts concerned have granted a certificate, to the effect that the transaction of exchange or of sale and acquisition, as the-case may be, is advantageous to arid for the benefit of the impartible estate or, where the Collector or any of the Collectors concerned have refused to grant such a certificate, the Board of Revenue, on appeal made to it within a time to be prescribed by rules under sub-section (4), has granted a certificate to the effect that the transaction is advantageous to and for the benefit of the impartible estate.] [Added by section 2 of the Madras Impartible Estates (Amendment) Act, 1934 (Madras Act I of 1934).]