Preparation of record of tenancy rights in Tamil Nadu

Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969

“land” means a land used for purposes of agriculture or horticulture, or for purposes ancillary thereto, and includes any building or any waste, vacant or forest land appurtenant thereto and any house-site belonging to the land-owner and let to the tenant under the same tenancy agreement;

Sec 3. Preparation of record of tenancy rights

(1) The Government may, by notification, direct the preparation of a record of tenancy rights for such village or villages as may be specified in the notification and such record shall be prepared, maintained and revised in accordance with the provisions of this Act and the rules made thereunder.

(2) The record referred to in sub-section (1) shall contain the following particulars, namely:-

(a) the survey number or sub-division number, extent and local name, if any, of the land;

(b) the name and address of the land owner;

(c) the name and address of the intermediary, if any;

(d) the name and address of the tenant cultivating the land; and

(e) such other particulars as may be prescribed.

(3) (a) As soon as may be, after the publication of a notification under subsection (1), the record officer shall publish a notice in the village informing the public that a record of tenancy rights is to be prepared for the village, and that the landowner, tenant or intermediary of every land which has been let for cultivation shall intimate in writing to him of his interest in such land.

(b) The notice shall contain such further particulars, and shall be published in such manner, as may be prescribed.

(4) On the basis of the intimation given under clause (a) of sub-section (3) or on the basis of information obtained by the record officer under section 9 or on the basis of information and particulars furnished or recommendation made by the Advisory Committee under section 5-A or in such other manner as may be prescribed, the record officer shall, after giving a reasonable opportunity to the parties concerned to make their representations either orally or in writing, prepare a draft record of tenancy rights for the village.

(5) As soon as may be after the completion of the preparation of the draft record of tenancy rights for a village, such draft record shall be published in the District Gazette of the district in which the village is situated and in such other manner as may be prescribed. An extract of the entries in the draft record relating to any survey number or sub-division number of the land shall also be served on the landowner, intermediary, if any, and the tenant concerned.

(6) Any person aggrieved by such draft record either on the ground that the entry in respect of particulars relating to him is incorrect or on the ground that his name or other particulars relating to the land which has been let for cultivation and in which he has interest either as landowner, intermediary or tenant have been omitted to be included in such draft record, may, within such period as may be prescribed make an application to the record officer for the rectification of such entry or for the inclusion of such name or particulars in the draft record of tenancy rights.

(7) An application under sub-section (6) shall contain such particulars as may be prescribed and shall be accompanied by the documents, if any, relied on by the applicant as evidence in support of his claim.

(8) (a) Before passing an order on an application under sub-section (6), the record officer shall follow such procedure as may be, prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the record officer decides that any rectification or inclusion should be made, he shall pass an order accordingly.

(b) If the record officer decides that there is no case for effecting the 1 rectification or inclusion in the draft record of tenancy rights, he shall reject the application.

(c) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parties concerned in such manner as may be prescribed.

(9) After the disposal of all the applications under sub-section (6) in respect of any village, the record officer shall make necessary alterations in the draft record of tenancy rights in accordance with the orders passed under sub-section (8) and shall prepare the final record of tenancy rights for the village.

(10) As soon as may be, after the completion of the preparation of the final record of tenancy rights for a village, such final record shall be published in the Tamil Nadu Government Gazette and the record so published shall be called the approved record of tenancy rights. The approved record of tenancy rights shall also be published in the District Gazette of the district in which the village is situated and in such other manner as may be prescribed.

Form I

[See rule 3 of the Tamil Nadu Agricultural Land Record of Tenancy Rights Rules, 1969]

Form of Record of Tenancy Rights for …………………….. District Village Taluk ………………………

Notes. – (1) If there are more than one person owning the land shown in columns (2) to (4), the name of all the owners should be noted one below the other with the extent owned by each in brackets.

(2) Against each such owner, the names of intermediaries or tenants, as the case may be, should be noted one below the other in columns (7) to (10), thus accounting for the extent owned by each person.

(3) If a portion of the land owned by a person is under personal cultivation the extent should be noted in column (11).