Short title and extent Definitions 133 ORISSA ACT XXX OF 1947 THE GANJAM SMALL HOLDERS RELIEF ACT, 1947 [Received the assent of the Governor on the 20th November 1947, first published in the Orissa Gazette, dated {he 5th December 1947] AN Acer TO PROVIDE FOR THE TEMPORARY RELIEF OF INDEBTED SMALL HOLDERS IN THE DISTRICT OF GANJAM IN THE PROVINCE OF ORISSA WHEREASit isexpedientto providefor the temporaryrelief of indebted small holders in the district of Ganjam in the Province of Orissa ;
It is hereby enacted as follows
1. (l) This Act may be called the Ganjam Small Holders Relief Act, 1947.
(2) It extendsto thewhole of the district of Ganjam in the Province of Orissa.
(3) It shall come into force at once.
2. In this Act unless there is anything repugnant in the subject or context—
(l) 'rent' means rent as defined by the Madras Estates Land Act, 1908, or quit-rent, jodi, kattubadi, poruppu or the like, payableto the landholder of an estate as defined by the Madras Estates Cand Act, 1908,MadrasAct whether a decree or order of a Civil or Revenue lof 1908.
Court has been obtained therefor or not, and includes interest payable thereon but does nct include costs incurred in respectof the recoverythereof through a Civil or Revenue Court or the share of the land cess recoverable by the landholderunder section 88of the Madras Local Boards Act, 1920 ; Madras Act XIVof 1920
(2) 'small holder' meansa person who holds land not exceedingsix acres of wet land or twelve acres of other land.
Explanation(1)—The expression 'person' includes an undivided Hindu family.
Explanation(2)—Forthe purposesof this clause,in the case of a personwhoholdswet landaswell asother land,oneacreof wet land shall be deemedto be equal to two acres of other land and Vice versa.
3. (1) All rent payable by a small holder to a landholderConditionaldischargeof or anunder-tenureholderunder the Madras EstatesLand Act, 1908, which has accrued for the faSli year 1354and prior faslisMadrasActarrear ofrentdie to andwhichisoutstandingat the dateof the commencementof I Of1908• landholders, this Act shall be deemed to be discharged whether the rent be etc. due as such or whether a decree has been obtained therefor :
Provided that where the small holder liable to pay rent does not, on or before the 31st January 1949,pay up all arrears of rent accrued in respect of any holding for faslis 1355and 1356,the Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 134 arrears of rent for fasli 1354. and prior faslis which were outstanding in respect of the same holding on the date f the commencement of this Act shall be deemed to be discharged only in the same proportion as the rent due for faslis 1355and 1356 which is paid up by the small holder .bears to the rent due for thosetwo faslis :
Provided further that no small holder shall be entitled to the benefit of this sectiomunless he shall have paid in respectof the holding, the rent due for fasli 1356 on or before the 31st January 1948.
Illustrations—(a A small holder is in arrear at the commencementof this Act in respectof rent for a particular holding for fasli 1354 and prior faslis in the sum of Rs. 500 and is in arrear on that date in respect of rent for the sameholding for faslis 1355 and 1356 the rent for each fasli being Rs: 10'. Within the •31st January 1948 he ays the rent for fasli 1356 and within the 31st January 1949, he pays the rent for fasli 1355. The arrears of rent of Rs. 500 which were outstanding at the commencement of this Act will bedischarged.
(b) A sum of Rs. 500 representing the arrears of rent in respect of a particular holding for fasli 1354 and prior faslis and the rents for fas!is 1355and 1356for that holding are in arrear and outstanding at the commencement of this Act, the rent for each fasli being Rs. 100. The small holder pays the landholder within the 31st January 1948 the rent for fasli 1356 but fails to pay within the 31st January 1949, any portion of the rent for fasli 1355. Only a sum 'Jf Rs. 250 or one-half of the rent of faslisprior to and inclusive of fasli 1354 will be deemed to be discharged.
(c) In the same case, the small holder does not pay the landholder within the 31st January 1948 the whole of the rent for fasli 1356. No portion of the arrears for fasli l.' 54 and prior faslis is discharged, and the small holder loses the b-nefit of this section.
(d) In the same case, the small holder pays the landholder within the 31st January 1948 the rent for fasli 1356 but pays within the 31st January 1949 only Rs. 50s being half the rent for fasli 1355. He has thus paid Rs. 151)out of Rs 200 bemg the rent of both the faslis 1355and 1356before the 31st January
1949. A sum of Rs 375, or. three-fourths of the rent of faslis prior- to • and inclusive of fasli 1354 wi:l be allowed to be discharged
(2) Nothing contained in sub-section (1' shall be deemed to effect a, discharge of arrears of rent wh'ch accrued due for fasli 1354 if proceedings for the recovery of such arrears stood stayed by an Act of the Legislature or by an order of a Court or if such proceedings .T instituted, would have stood so stayed But the arrear of rent for fasli 1354 shall not be recoverable until the 31st January 1948 or if the rent for fasli 1356 is paid before that date, until the 31st January 1949.
(3)Notwithstandinganythingto the contrary in any agree-MadrasAct ment or in section64of the MadrasEstatesLand Act, 1908.any I of 1908.
payment of rent made by a small holder after the commencement of this Act shall be credited towards the rent due by him for fasli 1356 im the first instance and for fasli 1355 in the next instance, and not towards the rent due for any previous fasli.
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(4) Everysmallholder shallbe at liberty to pay into Court anyamounttowardstherentdueor claimedto .be due by him fo fas11S1356 or 1355or both and thereupon the Court shall, after notice to the Lndholder or unoer-tenure holder, as the case maybe,apply theprosislonsof this Act •and determinewhether thewholeor only a portion of the rent for the fasls aforesaid hasbeenpaid by the small holder, and alao the. extent or the remainingliability, if any, of the small holder for rent under the provisions of this Act.
Explanation—Forthepurposesof this sub-section,"Court' shall mean the Collector referred to in sub-section (l) or section Madras Act209 of the Madras Estates Land Act, 1908.
1 of 1908.
4. Notwithstahding anything. contained in ths Act, aLandholder to beentitledlandholderor un er-tenure holder under the Madras Estates Land to recover Act, 1908shal be entitled to recover, in addition to any sum land cess and rec»ve:able by him under section 3— costs.
(a)thelandcess,if any, paid by him and recoverable under section 88 of the Madras Local Boards Act, Madras Act XIV of 1920.
1920;
(b)the landrevenueandwater cess,if any, paid by him to the Provincial Government which the small h61derwas bound to pay by virtue of any law, custom, contractsor decree of Court governing the tenancy; and G) thecostsawardedto him in any decreefor rent obtained by him.
Extensionof 5. Notwithstanding anything contained in the Madraslimitfttion EstatesLandAct,1908,orinanylawof limitationor procedureMadrasActlof 1908.
in force for the time being no suit or execution proceedings info suits, etc for rent in certain cases.
Court's respctof arrearso remaccruedof tasli 1354or any ptior fasli whivh,undertheexistinglaw,wouldbecome barred betweenthe 1sti-ebruary1947andthe31stJanuary 1948sl:ail be so barred and•the landholder or the under-tenure holder, as the case may be,shallbeeouiedto file a suit or institute executionproceedingsfor recoverythereof,onor beforethe30th April 1948; and in caseswhere the rent due for fasti 1356 has been paid before the31stJanuary198 the period of limitation for any suit or executionproceedingsfor the recoveryof any arrears of. rent which,undertheexistinglaw,wouldbecomebarredbetweenthe 1st F.bruary 1947 and the 31st January 1949, shall stand extended until the 30th April 1949:
that where on the- 30th Aprii 1948, or the 30th April 1949asthecasemaybe,anap lication under sub-sectin (4 of seclion3 is pendingin anyCourt, the period of limitation prescribedbyt:is sectionshall st•nd extendeduntil the expiry of a periodof twomonthsfromthedateof the order on such application.
6 If in any proceedingsunder this Act a questionarises decisionto whethera personisa smallholder,suchquestionsh II be decided be fin•l in bytheCourtconcernedin procedingsundersectiono to. 5 cert in cases. the decision of the said Court Siall, notwithstanding anything contained.inany law for beingin force,befinal.
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