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Madras Estates Land (Reduction of Rent) Act, 1947

Act XXX of 1947 An Act to provide for the reduction of rents payable by ryots in estates governed by the Madras Estates Land Act, 1908, approximately to the level of the assessments levied on lands in ryotwari areas in the neighbourhood 1 [and for the collection of such rents exclusively by the Sate Government]. WHEREAS the rents now payable by ryots in estates governed by the Madras Estates land Act, 1908, are in many cases substantially higher than the assessments levied on lands in ryotwari areas in the neighbourhood; AND WHEREAS it is expedient to provide for the reduction of such rents approximately to the level of the ryotwari assessments in the neighbourhood; 1 [and for the collection of such rents exclusively by the State Government.] It is hereby enacted as follows :-

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S.1 Short title and application

(1) This Act may be called the Madras Estates Land (Reduction of Rent) Act, 1947.

(2) It applies to all estates as defined in section 3, clause (2), of the Madras Estates Land Act, 1908.


S.2 Appointment of Special Officer to recommend rates of rent in estates

(1) The 1[State] Government may appoint a Special Officer for any estate or estates, for the purpose of recommending fair and equitable rates of rent for the ryoti lands in such estate or estates.

(2) The Special Officer shall first determine in respect of each village (hereinafter in this section referred to as "principal village") in an estate-

(a) the average rate of cash rent per acre prevailing at the commencement of this Act, for each class of ryoti land in the principal village, such as wet, dry and garden;

Provided that where no cash rents are prevalent in the principal village in respect of any class of land, the Special Officer shall determine the average rate of cash rent per acre prevailing at such commencement for such class of land in the nearest village in the estate in which cash rents are prevalent for such class of land and in which conditions are generally similar to those obtaining in the principal village, or where there is no su

S.3 Power of State Government to reduce rates of rent after considering Special Officer's recommendations

(1) After completing his work in any estate, the Special Officer shall submit his recommendations to the 1[State] Government, through the Board of Revenue specifying (i) the extent, if any, to which the rents for each class of ryoti land each village or group of villages in the estate, should in his opinion, be reduced; and (ii) the rate of rent payable for each such class after such reduction:

Provided that, with the approval of the Board of Revenue, recommendations may be made under this sub-section separately, in respect of portions of an estate.

(2) After considering the recommendations of the Special Officer and the remarks of the Board Revenue thereon, the 1[State] Government shall, by order published in the Fort. St. George Gazette, fix the rates of rent payable in respect of each class of ryoti land in each village in the estate:

Provided that where the rate of rent so fixed in respect of ryoti land of any class exceeds the rate of

S.4 Ryot to pay the rent fixed by State Government

Where an order is published under section 3, sub-section (2). in respect of any estate or portion of an estate, a ryot shall not be bound to pay rent for any ryoti land held by him in such estate or portion 1[at a rate exceeding that payable under that sub-section or under section 3, sub-section (2-A), as the case may be] notwithstanding anything contained in the Madras Estates Land Act, 1908.


S.5 State Government to make good income lost by religious, educational or charitable institution

(1) Where by reason of the foregoing provisions the net income derived by any religious, educational or charitable institution from any estate or part of an estate belonging to it in the fasli year 1357 or in any subsequent fasli year until the commencement of the fasli year in which the estate may finally be taken over by the 1[State] Government, becomes less than the average net income derived by the institution from such estate or part during the five fasli years preceding the fasli year 1357 or during that portion of those fasli years in which the estate or part was in the ownership of the institution, as the case may be, the 1[State] Government shall make good the loss sustained by institution by paying to it at the end of the fasli year in question the amount of the difference between the net income derived by the institution in such fasli year and the average net income aforesaid.

(2) The average net income aforesaid and the net income derived in

S.6 Lessees of religious educational or charitable institutions not to have their rents reduced

Notwithstanding anything contained in any other law for the time being in force, in any inam village belonging to a religious, educational or charitable institution which was not an estate before the commencement of the Madras Estate Land (Third Amendment) Act, 1936, but became an estate by virtue of that Act, the lessee of any land situated in the estate shall not be entitled to the benefit of any reduction of rent under this Act, if the lease was executed after the 1st November 1933.


S.7 Power to make rules

The 1[State] Government may make rules to carry out the purposes of this Act.


S.8 Validity of certain orders and proceedings not to he questioned

The validity of the following orders and proceedings shall not be liable to be
questioned in any Court of Law:-

(i) any order made under section 3, sub-section (2);

(ii) any recovery or rent effected by the 1[State] Government under section 3, sub-section (4), or any payment made by them to the landholder under the same sub-section;

(iii) any determination of net income or average net income made under section 5, sub-section (2).


S.9 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the 1[State] Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.


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