Section 47A in Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Act, 1963
47A. [ [Inserted by section 3(3) of the Tamil Nadu Inam Estates and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 (Tamil Nadu Act 22 of 1975).]
(1)Notwithstanding anything contained in sub-section (4) of section 7 or in sub-section (3) of section 30 or in any other provision of this Act or in any other law for the time being in force, no Tribunal or other authority under this Act shall have the power to appoint a Receiver or Commissioner in respect of any land in a minor inam and in respect of which any proceeding is pending before such Tribunal or other authority.(2)Any person who was personally cultivating any such land on the appointed day and continues to be in possession of that land shall not be dispossessed of the land, until it is finally decided that such person is not actually entitled to ryotwari patta in respect of that land under the provisions of this Act.(3)Where any Receiver or Commissioner appointed before the date of the commencement of the Tamil Nadu Inam Estates and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 (Tamil Nadu 22 of 1975) by any Tribunal or other authority in respect of any land in a minor inam, is functioning on such date, the Tribunal or other authority shall, either on an application made by the aggrieved party within sixty days from such date, or suo motu, cancel such appointment, and on such cancellation, the possession of such land shall transferred to the person who was personally cultivating such land immediately before the date of the appointment of such Receiver if such person had been dispossessed of such land by the Receiver.(4)If it is finally decided that any such person as is referred to in sub-section (2) or sub-section (3) who was personally cultivating any such land (hereinafter in this section referred to as the "said person") in not actually entitled to ryotwari patta in respect of such land under the provisions of this Act, the person who has been granted ryotwari patta in respect of such land shall be entitled to recover arrears of fair rent in respect of such land determined in accordance with the provisions contained in the Schedule, from the said person.(5)Notwithstanding anything contained in this Act or in any other law for the time being in force, the said person shall be deemed to be a cultivating tenant and shall continue to be a cultivating tenant for the purposes of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955) and the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 and the arrears referred to in sub-section (4) shall be paid to the owner or deposited in Court, in such manner and in such number of instalments and within such period as may be prescribed.Explanation. - For the purposes of this section, a person is said to personally cultivate a land when he contributes his own physical labour or that of the members of his family in the cultivation of that land.(6)The said person shall not be liable to be evicted under the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu XXX of 1955), in respect of the arrears referred to in sub-section (4), except for failure to pay the said arrears in accordance with the rules made in this behalf under sub-section (5).]
