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State of Tamilnadu - Section

Section 4 in Tamil Nadu Lease Holds (Abolition and Conversion into Ryotwari) Act, 1963

4. Vesting of leas.

- holds in Government - With effect on and from the appointed day save as otherwise expressly provided in this Act -
(a)the lease of every lease-hold shall cease and determine;
(b)every lease-hold including all communal lands and porambokes, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, [tanks and ooranies (including private tanks and ooranies) and irrigation works] [Substituted for the words 'tanks and irrigation works' by section 3(1) of the Tamil Nadu Inam Estates, Lease-holds and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 (Tamil Nadu Act 2 of 1976).], fisheries and ferries, situated within the boundaries thereof, shall stand transferred to the Government and vest in them free of all encumbrances, and 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.] Revenue Recovery Act, 1864 ([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.] Act II of 1864), 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.] Irrigation Cess Act, 1865 ([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.] Act VII of 1865) and all other enactments applicable to ryotwari lands shall apply to the lease-hold;
(c)all rights and interests created in or over the lease-hold before the appointed day by the lessee or any other person shall, as against the Government, cease and determine;
(d)the lessee and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c) shall be entitled only to such rights and privileges as are recognized or conferred on him by or under this Act;
(e)the rights and obligations of the lessee as such shall be extinguished;
(f)any rights and privileges which may have accrued in the lease-hold to any person before the appointed day against the lessee shall cease and determine and shall not be enforceable against the Government or against the lessee, and every such person shall be entitled only to such rights and privileges as are recognized or conferred on him by or under this Act;
(g)the Government may, after removing any obstruction that may be offered, forthwith take possession on the lease-hold, and all accounts, registers, pattas, much likas, maps, plans and other documents relating to the lease-hold which the Government may require for the administration thereof:
Provided that the Government shall not dispossess any person of any land in respect of which they consider that he is prima facie entitled to a ryotwari patta pending the decision of the appropriate authority under this Act as to whether he is actually entitled to such patta.