Primary law, Tamil Nadu land law
The Tamil Nadu Cultivating Tenants Protection Rules, 1955
The Governor of Tamil Nadu issued the Tamil Nadu Cultivating Tenants Protection Rules, 1955 through the Revenue Department under Government Order No. 3089, dated 7th October, 1955, using powers under the Tamil Nadu Cultivating Tenants Protection Act, 1955. The rules, as subsequently amended, prescribe forms and procedures for rent deposits, eviction, restoration and resumption applications, tenancy lease deeds, enquiries and court proceedings involving cultivating tenants and landlords.
What the rules govern
The Tamil Nadu Cultivating Tenants Protection Rules, 1955 set out procedures under the Tamil Nadu Cultivating Tenants Protection Act, 1955. They affect cultivating tenants, landlords and people applying to a Court or the Revenue Divisional Officer in disputes concerning agricultural tenancies.
The rules came into force at once, with separate commencement dates for Shencottah Taluk in Tirunelveli district, the added territories and Kanyakumari district. Special provisions protect certain applications and tenancy agreements made before commencement in those areas from later form requirements.
Applications and rent deposits
The Tamil Nadu Cultivating Tenants Protection Rules, 1955 prescribe the following processes:
- A cultivating tenant depositing rent must use Form I and deposit the rent with the Court or Revenue Divisional Officer, as applicable.
- The authority fixes a hearing date and serves notice on the landlord.
- A landlord may accept the deposit in full discharge of the rent or dispute the application by filing a verified counter statement.
- Eviction applications must use Form II.
- Applications for restoration of possession use Form III, Form IV or Form VI, depending on the applicable provision of the Act.
- Applications to resume land for personal cultivation use Form V. Certain applications connected with discharge, retirement or being sent to Reserve use Form V-A or Form V-B and must be made within six months of the relevant event.
- Applications may generally be presented personally, through an authorised agent or by registered post to the Revenue Divisional Officer having jurisdiction.
Applications in Form V, Form V-A and Form V-B must carry a court fee stamp of one rupee.
Lease deeds and official enquiries
The Tamil Nadu Cultivating Tenants Protection Rules, 1955 require tenancy agreements entered into after 1st October, 1956 to be recorded through a lease deed in Form VII, executed in triplicate within the stated period. Taluk offices must maintain a register containing details including the village, landlord, tenant, land survey numbers and execution date, and provide an acknowledgement after registration.
Before imposing the penalty connected with a lease deed, the Revenue Divisional Officer must hold an enquiry, notify the landlord and cultivating tenant, receive written representations and pass orders after hearing the parties and taking evidence.
Powers of authorities
The Tamil Nadu Cultivating Tenants Protection Rules, 1955 allow the Court or Revenue Divisional Officer to inspect land, summon witnesses and require documents. Courts follow summary proceedings and, as far as possible, use specified procedures from the Code of Civil Procedure, 1908. The Revenue Divisional Officer must briefly record the grounds for decisions on specified restoration and resumption matters.
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Common questions
How can a cultivating tenant deposit rent when there is a dispute?
The cultivating tenant must deposit the rent with the Court or Revenue Divisional Officer, as applicable, and submit an application in Form I personally or through an authorised agent. The authority will fix a hearing date and notify the landlord.
Can an eviction or restoration application be sent by post?
Yes. The prescribed eviction and restoration applications may be sent by registered post to the Revenue Divisional Officer having jurisdiction, or presented personally or through an authorised agent.
Is a written lease deed required for a cultivating tenancy?
For tenancy agreements entered into after 1st October, 1956, a lease deed in Form VII must be executed in triplicate within the period prescribed by the rules. Copies received by the taluk office are entered in a register and an acknowledgement is issued.
What powers does the authority have when deciding a tenancy case?
The Court or Revenue Divisional Officer may inspect land, summon witnesses and call for documents. Courts conduct summary proceedings and may use the listed procedures of the Code of Civil Procedure, 1908, as far as possible.
