HYDERABAD AND MADRAS AREAS
TENANCY (SUSPENSION OF PROVISIONS AND AMENDMENT) ACT, 1957 THE HYDERABAD AND MADRAS AREAS TENANCY (SUSPENSION OF PROVISIONS
AND AMENDMENT) ACT, 1957 [Act No. 15 of 1957] [26th April, 1957] An Act to provide for the suspension of operation for a limited
period of certain provisions of the Hyderabad Tenancy and Agricultural Lands
Act, 1950, as in force in the Hyderabad Area and of the Madras Cultivating
Tenants Protection Act, 1955, as in force in the Madras Area, and for the
amendment of the said Acts. Whereas, it is expedient to
provide for the suspension of operation for a limited period of certain
provisions of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad
Act XXI of 1950), as in force in the Hyderabad Area, and of the Madras
Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955), as in force
in the Madras Area, and for the amendment of the said Acts; Be it enacted by the
Karnataka State Legislature in the Eighth Year of the Republic Of India as
follows.-- This Act may be called the
Hyderabad and Madras Areas Tenancy (Suspension of Provisions and Amendment)
Act, 1957. In this Act, "period
of suspension" means the period commencing on and from the 11th day of
March, 1957 and ending on the 1
Preamble - HYDERABAD AND MADRAS AREAS TENANCY (SUSPENSION OF
PROVISIONS AND AMENDMENT) ACT, 1957PREAMBLE
1.
Substituted for the words and figures "31st day of December, 1960" by
Act No. 4 of 1961
Section 3 - Certain provisions not to have effect during the period of suspension
Notwithstanding anything
contained in any law.--
(a) the
provisions of Section 44 of the Hyderabad Tenancy and Agricultural Lands Act,
1950 (Hyderabad Act XXI of 1950), as in force in the Hyderabad Area, and the
provisions of Section 4-A of the Madras Cultivating Tenants Protection Act,
1955 (Madras Act XXV of 1955), as in force in the Madras Area, shall not have
during effect the period of suspension:
Provided that the aforesaid
provisions insofar as they are applicable to give effect to Sections 19-A and
38-C of the Hyderabad Tenancy and Agricultural Lands Act, 1950, or Section 3-A
of the Madras Cultivating Tenants Protection Act, 1955, as the case may be,
shall, to that extent, continue to have effect during the period of suspension;
(b) all
proceedings whether for termination of tenancy or for resumption of land under
any of the provisions specified in clause (a) pending on the 11th day of March,
1957 shall not be further proceeded
with and shall be deemed to have been stayed during the period of suspension.
Section 4 - Amendment of Hyderabad Act XXI of 1950
(1)
In the first proviso to clause (a) of sub-section (1) of Section
19 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the words
"to the satisfaction of the Tahsildar", the words "and is
registered in the office of the Tahsildar in the prescribed manner" shall
be inserted.
(2)
After Section 19 of the Hyderabad Tenancy and Agricultural Lands
Act, 1950, the following section shall, during the period of suspension, stand
inserted, namely.?
(3)
Consequences of termination of tenancy by surrender.--Where a
tenant surrenders his tenancy under clause (a) of sub-section (1) of Section
19, the landlord shall be entitled to retain land so surrendered for the like
purposes, and to the like extent and subject to the like conditions, as are
provided in Section 44 for the termination of protected tenancies".
(4)
After Section 44 of the Hyderabad Tenancy and Agricultural Lands
Act, 1950, the following section shall be inserted, namely.?
(5)
Statement of lands reserved.--Notwithstanding anything contained
in this Act, no landholder shall be entitled to exercise the right of
resumption of land under this Act unless he has within a period of fifteen days
from the commencement of the Hyderabad and Madras Areas Tenancy (Suspension of
Provisions and Amendment) Act, 1957, filed with the Deputy Collector, in the
prescribed manner, a statement of reservation demarcating the lands which he
reserves for the exercise of the rights of resumption under this section. On
such statement being filed, the Deputy Collector shall, as soon as may be,
after making necessary enquiry, issue a certificate to the landholder in the
prescribed manner to the effect that the lands have been so reserved. The right
to terminate shall be exercisable only in respect of the lands specified in the
certificate as so reserved and shall not extend to any other land".
Section 6 - Assumption and management of lands surrendered
(1)
During the period of suspension, notwithstanding anything
contained in any law, the State Government shall for the purpose of ensuring
the full and efficient use of land for agriculture, assume the management of
the land or any portion thereof which the landlord is not entitled to retain
under Section 3-A of the Madras Cultivating Tenants Protection Act, 1955, or
Section 19-A of the Hyderabad Tenancy and Agricultural Lands Act, 1950, and the
State Government shall, in respect of the assumption of management of the land,
pay to the landlord the compensation specified in sub-section (3).
(2)
The management of the land by the State Government shall be deemed
to commence from the date of surrender in favour of the landlord and, the State
Government shall appoint a Manager to be in charge of such land.
(3)
The compensation payable for assumption of management of any land
shall, per year, be a sum equal to the annual rent of that land paid or payable
for the year preceding the year of surrender subject to the condition that it
shall not in any case exceed the fair rent or the maximum rent, as the case may
be, in respect of that land under any law for the time being in force.
Explanation.--For the
purpose of this section, where the rent paid or payable is in kind, the amount
of compensation payable by the State Government shall be determined on the basis
of the market value prevailing on the first day of January, 1957, of the crop
or crops payable as rent.
Section 7 - Consequences of assumption of management
On the assumption of
management of any land by the State Government under Section 6, the following
consequences shall ensue.--
(a)
all legal proceedings pending, and all processes, executions or
attachments in force in respect of debts and liabilities enforceable against
the land shall be suspended, and so long as the management by the State
Government continues, no fresh proceedings, processes, executions or
attachments shall be instituted, issued, enforced or executed in respect
thereof;
(b)
so long as the management by the State Government continues, the
landlord or the holder of the land shall be incompetent.?
(i)
to enter into any contract with respect to the land;
(ii)
to mortgage, charge, lease or alienate the land under management
or any part thereof; or
(iii)
to grant valid receipts for the rents or profits arising or
accruing therefrom;
(c)
so long as the management by the State Government continues, no
person other than the Manager shall be competent to lease the land under
management or any part thereof;
(d)
the Manager shall during the period of management of the land,
have all the powers which the landlord or the holder of the land might as such
have exercised for the purpose of management and shall receive and recover all
rents and profits due in respect of the property under management and for the
purpose of recovering such rents and profits, the Manager shall have, in
addition to any powers possessed by the landlord or the holder of the land, all
the powers possessed by the Collector under the hw for the time being in force
for securing and recovering land revenue due to Government.
Section 8 - Order of preference in leasing out land under management
Where the lands, the
management of which has been assumed by the State Government under Section 6,
are leased, the following order of priority shall, as far as may be, be
followed.--
(i)
co-operative farming societies;
(ii)
agriculturallabourers;
(iii)
landless persons; and
(iv)
other agriculturists.
Section 9 - Power to make rules
The State Government may,
by notification in the Karnataka Gazette, make rules for carrying out the
purposes of this Act.
Section 10 - Repeal of Karnataka Ordinance 4 of 1957 and savings
The Hyderabad and Madras
Areas Tenancy (Suspension of Provisions and Amendment) Ordinance, 1957, is
hereby repealed; but any rules made, anything done and any action taken under
the said ordinance shall be deemed to have been made, done or taken under this
Act as if this Act had come into force on the 11th day of March, 1957.