Section 2 in Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)"agriculture" includes-(i)horticulture;(ii)the raising of crops, grass or garden produce;(iii)the use by an agriculturist of land held by him or part thereof for grazing;(iv)the use of any land for the purpose of raising manure crops;(v)dairy farming;(vi)poultry farming;(vii)livestock breeding;(viii)growing of trees;and "agricultural" shall be construed accordingly.(2)"authorized officer" means any [Revenue Officer not below the rank of Deputy Collector or Revenue Divisional Officer] [These words were substituted for the words 'Gazetted Officer' by section 2 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Second Amendment Act, 1980 Tamil Nadu Act 38 of 1980).] authorized by the Government by notification to exercise the powers conferred on, and discharge the duties imposed upon, the authorized officer under this Act for such area as may be specified in the notification;(3)"co-operative farming society" means a society registered under the Co-operative Societies Act and consisting only of persons who have become members of that society with a view to cultivate land belonging to a public trust in accordance with the provisions of this Act;(4)"Co-operative Societies Act" means the Act or Acts relating to co-operative societies for the time being in force in the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.];(5)"cultivating tenant" -(i)means a person who contributes his own physical labour or that of any member of his family in the cultivation of any land belonging to another, under a tenancy agreement, express or implied; and(ii)includes -(a)any such person who continues in possession if the land after the determination of the tenancy agreement; or(b)the heir of such person, if the heir contributes his own physical labour or that of any member of his family in the cultivation of such land; or(c)a sub-tenant if he contributes his own physical labour or that of any member of his family in the cultivation of such land; but(iii)dots not include a mere intermediary or his heir.Explanation, [I] [The Explanation to clause (5) was numbered as Explanation of that clause and this Explanation was added by section 5(i)(a) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).]. - For the purposes of Chapters III and IV, a co-operative farming society shall be deemed to be a cultivating tenant;[Explanation II. [The Explanation to clause (5) was numbered as Explanation of that clause and this Explanation was added by section 5(i)(a) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).] - A member of the Armed Forces in service shall be deemed to be a cultivating tenant in respect of a land if such land is cultivated by the members of his family or by his own servants or by hired labour, with his own or hired stock;](6)"cultivating tenant's ceiling area" means five standard acres held by any person -(a)(i)partly as cultivating tenant; and(ii)partly as owner or possessory mortgagee; or(b)wholly as cultivating tenant;(7)"date of the commencement of this Act" means the date appointed by the Government under sub-section (3) of section 1;(8)"fair rent" means the rent payable under Chapter IV;(9)"forest" includes any waste land containing trees or shrubs;(10)"garden land" means dry land irrigated by lifting water from wells or other sources;(11)"Government" means the State Government;(12)"to hold land" with its grammatical variations and cognate expressions means to own land as owner or to possess or enjoy land as possessory mortgagee or as cultivating tenant or as intermediary or in one or more of those capacities;(13)"mam land" in any area in the State except the transferred territory-(a)means any land the grant of which in inam has been made, confirmed or recognised by the Government, and(b)includes-(i)any land in any village specified in Schedule I [or in such other village or part thereof as the Government may, by, notification, from time to time specify] [These words were added by section 2 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Amendment Act, 1964 (Tamil Nadu Act 22 of 1964).];(ii)any land which is exempt either in whole or in part, from payment of land revenue;(iii)any land of which the land revenue alone or portion thereof has been granted in inam to any person, provided that such grant has been made, confirmed or recognized by the Government; and(iv)any inam constituting an estate under the [Tamil Nadu] [These words were 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.] Estate Land Act, 1908 ([Tamil Nadu] [These words were 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 I of 1908); but does not include any inam land on which full assessment of revenue has been levied under the [Tamil Nadu] [These words were 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.] Inams (Assessment) Act, 1956; [Tamil Nadu] [These words were 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 XL of 1956);(14)"Intermediary" means any person who, not being an owner or a possessory mortgagee, has an interest in land, and is entitled, by reason of such interest, to possession thereof but has transferred such possession to others;(15)"land" means agricultural land; that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes forest, pasture land, plantation, orchard and tope, but does not include house site or land used exclusively for non-agricultural purposes;(15A)[ "member of the Armed Forces" shall have the same meaning as in clause 29 of section of the [Tamil Nadu] [This clause was inserted by section 5(i)(b) of this Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).] Land Reforms (Fixation of Ceiling on Land) Act, 1961 ([Tamil Nadu] [These words were 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 58 of 1961)];(16)"normal gross produce" in respect of any land means the produce which would be obtained, if the rainfall and the seasons were of a normal character, from lands of the same class as the land in question, similarly situated and possessing similar advantages;(17)"notified date" means the date specified in the notification issued by the Government under section 6;(18)"orchard" means an enclosure or assemblage of fruit or nut-bearing trees, constituting the main crop therein, whether of spontaneous or artificial growth and includes nandavanams, but does not include trees on such bunds as are not within or adjunct to such enclosure or assemblage;[Explanation. [This Explanation was added by section 2 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands, Amendment Act, 1972 (Tamil Nadu Act 15 of 1973).] - The expression "fruit or nut-bearing trees" shall not include plantain trees."](19)"owner" means-(i)any person holding land in severalty or jointly or in common under a ryotwari settlement or in any way subject to the payment of revenue direct to the Government, or(ii)a landholder as defined in the [Tamil Nadu] [These words were 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.] Estates Land Act, 1908 ([Tamil Nadu] [These words were 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 I of 1908) or a ryot as defined to that Act, or(iii)an inamdar not being a landholder defined as aforesaid;(20)"paid" includes "delivered";(21)"person" includes any public trust, company, firm, any farming society or association of individuals, whether incorporated or not;(22)"personal cultivation" with its grammatical variations and cognate expressions, in relation to a public trust, includes cultivation by hired labour or with hired stock or by servants on wages payable in cash or kind but not as a share of produce;(23)"plantation" means any land used for growing all or any of the following, namely, cardamom, cinchona, coffee, rubber or tea;(24)"possessory mortgagee" means a mortgagee entitled to the possession of the whole or part of the mortgaged property and to receive the rents and profits accruing from such property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage money or partly in lieu of interest or partly in payment of the mortgage money;(24A)[ "Proclamation of Emergency" means the Proclamation issued under clause (1) of Article 352 of the Constitution on the 26th day of October, 1962;] [This clause was inserted by section 5(i)(c) of the Tamil Nadu Tenancy (Amendment) Act, 1965) (Tamil Nadu Act 9 of 1965).](25)"public trust" means a trust for a public purpose of a religious or charitable, or of an educational, nature, and includes-(i)any temple, math, mosque, church or other place by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship;(ii)any charitable or educational institution of a public nature;(26)"Registrar" shall have the same meaning as in the Co-operative Societies Act;(27)"Rent Court" and "Rent Tribunal" in relation to any area means the Rent Court and the Rent Tribunal respectively constituted under this Act for such area;(28)"standard acre" means-(1)in any area in the State, except the transferred territory-(a)0.08 acre of wet land assessed to land revenue at any rate above Rs. 15 per acre; or(b)1 acre of wet land assessed to land revenue at the rate of Rs. 10 and above but not exceeding Rs. 15 per acre; or(c)1.2 acres of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre; or(d)1.6 acres of wet land assessed to land revenue at the rate of Rs. 6 and above but below Rs. 8 per acre; or(e)1.75 acres of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre; or(f)2 acres of wet land assessed to land revenue at any rate below Rs. 4 per acre; or(g)2.5 acres of dry land assessed to land revenue at the rate of Rs. 2 and above per acre; or(h)3 acres of dry land assessed to land revenue at the rate of Rs. 1.25 and above but below Rs. 2 per acre; or(i)4 acres of dry land assessed to land revenue at any rate below Rs. 1.25 per acre;(2)in the Kanyakumari district-(a)1 acre of registered wet land irrigated by any source forming part of, or benefited by, any project; or(b)1.2 acres of registered dry land irrigated by any source mentioned in item (a); or(bb)[ 1.6 acres of wet land irrigated by any Government source other than a source mentioned in item (a); or] [This item was inserted and was deemed always to have been inserted by section 2 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Amendment Act, 1968 (Tamil Nadu Act 22 of 1968).](c)1.6 acres of dry land irrigated by any Government source other than a source mentioned in item (a);(d)4 acres of dry land unirrigated by any source mentioned in item (a) or by any other Government source of irrigation;(3)in the Shencottah taluk of the Tirunelveli district-(a)1.2 acres of wet land irrigated by any river or stream or by tanks fed by any river or stream; or(b)1.6 acres of wet land irrigated by any Government source other than a source mentioned in item (a); or(c)2 acres of dry land irrigated by any Government source; or(d)4 acres of dry land unirrigated by any source mentioned in item (a) or by any other Government source of irrigation;Explanation I. - For the purpose of sub-clause (1) of clause (28), "land revenue" shall mean-(i)in the case of any land in respect of which a ryotwari settlement is in force on the date of the commencement of this Act, the ryotwari assessment payable on that date;(ii)in the case of any inam land on which full assessment of revenue has been levied under the [Tamil Nadu] [These words were 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.] In ms (Assessment) Act, 1956 ([Tamil Nadu Act XL of 1956] [These words were 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.]), such assessment;(iii)in the case of any land [other than an inam land referred to in clause (ii)] in respect of which a ryotwari settlement is not in force on the date of the commencement of this Act, but is brought into force after that date but before the notified date, the ryotwari assessment payable under such settlement after it is brought into force;(iv)the case of any land in respect of which a ryotwari settlement effected in pursuance of section 22 of the of [Tamil Nadu] [These words were 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.] Estates (Abolition and Conversion into Ryotwari) Act, 1948 ([Tamil Nadu] [These words were 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 XXVI of 1948), has not been brought into force before the notified date, or in the case of any inam land, the land revenue notified by the Government in this behalf with due regard to the highest rate of ryotwari assessment payable for any land of a similar description and with similar advantages in the nearest ryotwaii village:Provided that no notification shall be issued under this clause, unless the persons likely to be affected by such notification are given a reasonable opportunity to make representation and adduce evidence in respect of the rates proposed to be specified in the notification:Provided further that the land revenue notified by the Government under this clause shall not be modified, notwithstanding that a different rate of assessment is fixed under-(i)any settlement that may be brought into force; or(ii)the [Tamil Nadu] [These words were 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.] Inams (Assessment) Act, 1956 ([Tamil Nadu] [These words were 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 XL of 1956); after the date of the publication of the said notification.Explanation II. - In sub-clauses (2) and (3) of clause (28) "wet land" and "dry land" shall include inam wet land and inam dry land respectively.Explanation III. - For the purposes of sub-clause (2) of clause (28), "project" means any of the following irrigation systems, namely:-(i)Kodayar project system proper;(ii)(a)Pazhayar system;(b)Valliai system;(c)Thirparappu Right Bank Channel and Left Bank Channel system;(d)Champakulam system;(iii)Alathuraiyar system.Explanation IV. - In any area in the State, except the transferred territory, one acre of dry land-(a)irrigated by direct flow of water from any Government source of irrigation supplying water-(i)for two crops and above, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre;(ii)for only one crop, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre;(b)irrigated by lifting water from any Government source of irrigation shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre:Provided that the Government may, in respect of any particular area, by notification, direct that 1 acre of dry land irrigated from any Government source of irrigation shall be deemed to be equivalent to any specified extent of any of the categories of land specified in sub-clause (1) of clause (28) on the ground of quality of the soil or on any other ground:Provided further that such notification shall not come into force unless it is approved by the Legislature.Explanation V. - Where the land held by a person consist of more than one of the kinds of the land specified in clause (28), the extent of the land held by him shall, for the purposes of this Act, be reduced to standard acres calculated according to the proportions specified in clause (28);(29)"tope" means any land containing groups of fruit or nut-bearing trees including palmyrah trees, constituting the main crop in such land, whether of Spontaneous or artificial growth and includes orchards, but does not include trees on such bunds as are not within or adjunct to such groups of trees;[Explanation. [This expiation was added by section 2 of the Tamil Nadu Public Trust (Regulation of Administration of Agricultural Lands Amendment Act, 1972 (Tamil Nadu Act 15 of 1973).] - The expression "fruit or nut-bearing trees "shall not Include plantain trees."].(30)"transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district;(31)"trustee" means a person in whom either alone or in association with other persons the trust property of any public trust is vested or any person who for the time being, cither alone or in association with some other person or persons, administers the trust property of any public trust and includes-(i)in the case of a math, the head of such math;(ii)in the case of a wakf, a mutawalli of such wakf;(iii)in the case of a society registered under the Societies Registration Act, 1860 (Central Act XXI of 1860), its governing body;(iv)in the case of any other public trust, the person legally competent to act for such public trust.
