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THE TRAY ANCOR'E-COCHIN COMPENSATION FOR - TENANTS IMPROVEMENTS ACT, 1956.
(President's Act No. X of 1956) CONTENTS Sections:
1. Short title, extent and commcnceme,nt.
2. Definitions.
3. What are presumed to be in1proveme~ts.
4. Tenant entitled to compensation for Improvements.
5. Decree in ~viction to be conditional on payment of compensation.
6. Tenant's right to remove .buildings, works or trees deemed not improvements.
7. Improvement producing an increase in the value of the annual net produce.
8. Trees or plants spontaneously grown.
9. Other kinds of improvements.
10. Value of improvement to be ascertained in the way most favourable to the tenant.
11. ImprovcmeJlt consisting in protection and maintenance of trees a:o.d plants.
12. Power to frame tables of maximum and minimum rates of compens,ation.
13. Power to pr~pare tables of prices of produce etc.
14. Values how a::~certnined when no table has been prepared or the presumption is rebutted.
15. Tables to be published.
16. Compensation when area is ovcrplanted.
17. Contracts affe.cting .compeusation for improvements to be invalid.
18. Repeal.
THE TRAVANCORE-COCHIN COMPENSATION FOR TENANTS IMPROVEMENTS ACT, 1956 No. X OF 1956 EN ACTED BY THE PRESIDENT IN TilE SEVENTH YEAR OF THE REPUBLIC OF INDIA.
An Act to make provision for payment of compensation for improv~ments .made by tenants in the State of Travancore-Coohin.
In exercise of the powers conferred by section 3 of the Tr.avancore-Cochin State Legislature (Delegation of Powers) Act, 1956 (29 of 1956) the President is pleased to enuct as follows:·-· .
1. Sho-rt title, extent and commencement. (1) This Act may be called the Travancore-Cochin Compensation for Tenants ·I.m:Prov.ements Act, -1956.
Republished m the Gazette Extraordinary dated 31st October, 19:5&.
31-781 104
(2) It extends to the whole of the State of Travancore Cochin.
(3} It shall come into force at once.
2. Definitions. In this Act, unless the context otherwise requires,-
(a) "eviction" means the recovery of possession of land from a tenant;
(b) "improvement" means any work or product of a work which adds to the value of the holding, is suitable to it and consistent with the purpose for which the holding is let, mortgaged or occupied, but does not include such clearances, embankments, levellings, enclosures, temporary wells and water channels as are made by the tenant in the ordinary course of cultivation and without any special ex penditure or any other benefit accruing to land from the ordinary operations of husbandry;
(c) "State" means the State of Travancore-Cochin;
(d) "tenant" with its grammatical variations and cognate expressions, includes a person who, as lessee, sub lessee, mortgagee or sub-mortgagee or in good faith believ ing himself to be lessee, sub-lessee, mortgagee or sub mortgagee of land, is in possession thereof or who,with the bona fide intention of attorning and paying a resonable rent to the person entitled to cultivate or let waste-land but without the permission of such person, brings such land under cultivation and is in occupation thereof as cultivator.
3. What are presu;med to be improvements. Until the con trary is shown, the following works or the products of such works shall be presumed to be improvements for the purposes of this Act,-
(a) the erection of dwelling houses, buildings appur tenant thereto and farm buildings;
(b) the construction of tanks, wells, channels dams and other works for the storage or supply of water for agri cultural or domestic purposes;
(c) the preparation of land for irrigation;
(d) the conversion of one-crop into two-crop land;
(e) the drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or of waste-land which is culturable; '
(f) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes;
(g) the renewal or reconstruction of any of the fore going works or alterations therein or additions thereto· and '
(h) the planting or protection and maintenance of fruit trees, timber trees and other useful trees and planti;J, ·......__ ___ ------------ t los
4. Tenant entitled to ccnnpensation for improvement~. (1) Every tenant shall, on eviction, be ent!tled ~o compensatio!l ~or improvements which were made by hi~, his prede~essor-m-m terest or by any person not in occupation at the bme of ~he eviction who derived title from either of them and for which compensation had not already been paid;, and ev~ry tenant to whom compensation is so due shall, notwithstandmg the geter mination of the tenancy or the payment or tender ?f ~he mort gage money or premium, if any, be entitled to remam m posses· sion until eviction in execution of a decree or order of court:
Provided that nothing herein contained shall be construed as affecting the provisions of the Travnncore-Cochin Land Conservancy Act, 1951 (XIX of 1951).
(2) A tenant so continuing in possession shall, during such continuance, hold as a tenant subject to the terms of his lease or mortgage, if any.
5. Decree in eviction to be conditional on pa?t,ment of com pensation. (1) In a suit for eviction instituted against a tenant in which the plaintiff succeeds and the defendant esta blishes a claim for compensation due under Eection 4 for im provements, the court shall ascertain as provided in sections 7 to 16, the amount of the compensation and shall pass a decree declaring the amount so found due and ordering that on pay ment by the plaintiff into the court of the amount so found due and also the mortgage money or the premi11m, as the case may be, the defendant shall put the plaintiff into possession of the land with the improvements thereon.
(2) If in such suit the court finds any sum of money due the defendant to the plaintiff for rent, or otherwise in respect of the tenancy, the court shall set off such sum against the sum found due under sub-section (1) , and shall pass a decree declaring as the amount payable to him on eviction the amount if any, remaining due to the defendant after such set-off:
Provided that the court shall not set off any sum of money due for rent as aforesaid, if such sum is not legally recoverable.
(3) The amount of compensation for improvements made subsequent to the date up to which compensation for improve ments has been adjudged in the decree and the re-valuation ot an improvement, for which compensation has been so a.djudged when and in so far as such re-valuation may be necessary with reference to the condition of such improvement at the time of eyiction as well as any S)Jm of money accruing due to the plain tiff subsequent to the said date for rent, or otherwise in respect of ~he tenancy shall be determined by order of the court exe c~tmg the decree and the decree shall be varied in accordance with such order.
(4) Every matte~ arising: under sub-section (3) shall be d~e~ed to be a .question rclati?g to the execution of a decree wtthm the meamng of sub-sectiOn (1) of section 47 of the Code of Civil Procedure, 1908 ( 5 of 1908) .
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6. Tenant's right to remove buildings, works or trees deemed not improvements. Whenever a court passes a decree or order for eviction against a tenant and such tenant has erecte.d any buildmg, constructed any work or plante~ any tree wh~ch the court finds IS not an improvement for which compensatw.n can be claimed, but which, the court finds can be removed without substantial injury to the holding, such tenant may remove su~h building, work or tree within a time to be ~ed by t~e court m its decree or order and the court may, from time to tlme, extend the time so fixed.
7. Improvement producing an increase in the value of the annual net produce. When th~ improvement is not a!l improv~ ment to which section 11 applies and has caused an mcrease m the value of the annual net produce of the holding, the court shall c;letermine as nearly as may be, the average net money value of such increase and shall award &s compensation for the improvement, three-fourths of the amount arrived at by capita lising such net money value at 20 times.
Explanatwn 1.-The value of the net produce means the amount remaining after deducting from the value of the gross produce the ~ost of cultivation and the ·Government assessment and local taxes.
Explanation 2.-In determining the net money value of the increase, regard shall also be had to the condition of the im provement and probable duration of its effects and the labour and capital required for making such improvement.
8. Trees or plants spontaneously grown. When the im provement is not an Improvement to which section 7 applies but consists of timber trees or of other useful trees or plants spontaneously grown during the period of the tenancy or sown or planted by any of the persons mentiOned in section 4, the compensatiOn to be awarded :!!hall be three-fourths of the sum whichf the threes obr 1 .plants .mightbrcasonably be expected to rea- )t , lise :i sold y pu 1c auctwn to e cut and carried away.
9. Other kinds of i.mprovements. When the improvement is not an improvement to which section 7 or section 8 applies, the compensation to be awarded shall be the cost of the labour including supervision thereof and of the materials together with other expendtture, if any, whi~h would, at the time of the valuation, be required to make the improvement, less a reaso nable deduction on account of the deterioration, if anv which may have taken place from age or other cause. • '
10. Value of improvement to be ascertained in the uay most (avourffbl.c to the tenant. Notwithstanding anything contained m sections 7, 8 and 9, the amount of compensation to be awarded for an improvement shall be ascertained in the way prescribed by any of the said sections which is most favourable to the tenant.
Illustrations.- (a) The compensation to be awarded for a ,iack tree as a fruit tree is ascertained under section 7 to be --- t 1\. Pt.D\1 r6 1 Assts~nn1t ~ N_ !l F · • .. -..
. Tel .. "'~ .
Rs. 7, but for .the sa1Jle tree as a timl?er tree it u~· ~cerla1ncd under section 8 to be Rs. 10 .
(b) The compensation to be awnrdcd for an immature casuarina plantation is ascertamcd under section 8 to be Rs. 20, but under section 9 to be Rs. 100.
In each case the court shall award the higher amount.
11. Improvement consisting in protectimJ and maint~nance of trees and plarrts. When the improvem~nt consists m the protection and maintenan<!e of timber or frmt trees or of other useful trees or plants not sown or planted by any of the persons mentioned in section 4, or of such trees or plants spontaneously grown prior to the commencement of the tenancy, the com pensation to be awarded shall be the proper cost of such pro tection and maintenance ascertained as provided in section 9.
12. Power to frame tables of ma.-rimum and minimum rates of compensatwn. The Government may pr·cparc for the whole or any part of the State, tables showmg the maximum and mmimum rates of compensation to be awarded under this Act, for all or any class of improvements and when such tables have been published, the amQunt awarded as compensation under sections 7, 8, 9 and 10 s)lall not ordinarily exceed such maxi mum rates nor shall it in any case be less than such minimum rates.
13. Power to prepare tables of prices of produce, etc. (1) For the purpose of determining the nmount of compensation to be awarded under this Act, the Government may prepare tables for the whole or any part of the State showing all or any of the following matters.-
(a) the price of cocoanuts, arccanuts, pepper and paddy;
(b) the cost of-
(i) cultivating and harvesting n crop of paddy· ( ii) planting, protecting and maintaining a c~coanut tree, an arecanut tree, a jack tree, a mango tree and a pepper vine, until the tree or vine is in bearing;
(iii) protecting and maintainmg a cocoanut tree an arecanut tree, a jack tree, n mango tree and a ~pper vine for one year when in bearing.
( 2) The tables prepared under this section shall on publication be receivable in evidence and the rates and amounts therein speci~ed shall be presumed to be the proper rates and amounts unbl the contrary is proved: ,
Provided that, in so far as such tables prescribe prices of products, the presumption shall not be rebuttabl(' except by proof of the average price as provided in section 14.
14. Values h~w ~certained when no table has been prepared or !he presumptwn ~s rcbutte~. In respect of any product for Which no table sho!VIng the priCe has been published and when ever the presumptiOn under section 13 is rebutted, the court lOA shalt adopt, as the money value for the purpose of awarding compensation under section 7, the average price, as nearly as may be ascertainable in tfie tal~k where th~ land i~ si~ua~d, for a period of 10 years, Immediately precedmg the msbtutlon of the suit.
15. Tables to be publi8k6d. The tables prepared under this Act shall be published in English and in Malayalam or Tamil in the Gazette and shall be kept publicly posted in the Civil Courts having jurisdiction over the area to which the tables apply.
The Government may, by like publication, cancel or vary, from time to time, the tables so published.
16. Compensation when area. is overplanted. When trees are planted in excess of the following s~;a.le, the court, if satis fied that, in the circumstances of the particular case, the land is overplanted, may, notwithstanding anything hereinbefore contained either refuse to grant any compensation or may grant compensation at a lower rate, for so many of the trees as are in excess of the scale and are imm9.ture :- Cocoanut trees 100 per acre.
Arecanut trees 720 per acre.
Jack trees 60 per acre.
In the case of a mixed garden, each tree shall be allowed a proportionate fraction of an acre accordiDg to the above scale.
17. Contracts affe«-'ting compensation for improvements to be invalid. Nothing in any contra.ct entered into before the commencement of this Act shall take away or limit the right of a tenant to make improvements and to claim compensation for them in accordance with the provisions of this Act:
Provided that nothing herein contained shall affect any agreement in writing registered and made after the effecting of the improvements settling the amount of compensation due therefor at the date of such agreement:
Provided further that this section shall not operate against any contrP.ct whereby the tenant's right to make improvements in the natu!"e of buildings or to claim value of improvements therefor has been taken away or limited.
18. Repeal. The Cochin Tenancy Act, XV of 1113, is hereby repealed. '