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The Tamil Nadu Cultivating Tenants (Protection) Act, 1955

Act 25 of 1955

Keyword(s): Cultivating Tenant, Cultivation, Holding, Land, Landlord, Revenue Divisional Officer Amendments appended: 14 of 1956, 18 of 1976, 7 of 1980

~[TAMI I., NADU] ACT No. >3FV OF 195

.I

(Received the assent of the president on the 24th Septeder' 195, ; first pulished in the Fort St. George Gazette Extraordinary on the 27th September !955.)

--- . i ~ h e s e words were substituted for the words "Madrasw by the

T a i l Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

aFor Statement of Objects and Reasons, see Port St. George Gazette, Part IV-A, dated the 3cd August 1955, Page 145.

This Act was extended to the Sheneottah taiuk of the Tirunelvcli district by section 2 of the Tamil Nadu Cultivsrtir~g Tenants Protection and Payment of Fair Rent (Extension to Skencottah taluk) Act, 1939 (Tamil Nadu Act 2& o f 1959) repealing the corresponding law in force in that taluk.

This Act wc~s extended to the added territories by section 5 of the Tatnil Nadu Cultivrr ting Tena nts Protectirrn and Payment of FairRent (Extension to Adde i Territories) Act, i25.t t.TaLriil iqadu Act 33 of . 1963) repealing the corresponding law in force in those territories,

This Act was ex ;ended to the Kanyrtkumari district by section 4 of the Tamil Nadu C~iltiv'tting Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976) rzi3ealing tile c:)~.r+:spo;~cli:?g law in force in that district.

Notwithstanding a ~ y t hi ng contained i n this Act the provisions of this Act shall apply to ally mattuvaramdar under a land owner who owns more than tell acres of wet land and sucI~ a rnattuvaramdur shall be deemed to be a cultivating tenant within the meaning of &is Act. Any rncrttuvnrclmd~!v under a landowner referred to in sub-section (2) 3f section 9 of the Tiruchirappalli Kaiaeruvaram and Mattuvaram ~ c t , 1958 (Tamil Nadu Act XXXVX of 1958), whose engagement had not been terminated under that sub-section, was entitled to continue as a mattrrvar~mrhr on the same terms immmriiately before the cnmmencement of the stlid Act, and this Act shall as far as m y be apply to him as if hc were a cultivating tenant. Please see section 7 of Tarnil Nadu Act XXXVI of 1958.

BY virtue of section 8 (0 of the Tiruchirappalli Kaiaeruvaram and Mattwvaranl Act, 1958 (Tamil Nadu Act XXXVI of 1958) any proweding under this Act, disposed of on or :?fter the 1st January 1957 and bcftrrtl the :ornrntrlcernr=nt oi' the 4sid i-2rnil Nadu Act XXXVI of 1955, on t h c _:round that the said 195s Act did not apply to any mnttuvnrnnzdar. was entitled to be reopened ant1 disposed in accord: 7C(= with lllis Act as if he were a cultivillil~t;: teil~~nt.

This Ad. shall, in its application to a cultivating tenant in respect of any land held by him under a public trust, stand repealed on and from the date of commencement ~f the Tamil NaGu Public Tlusts (Regulation ofAdministration of Agricuftupl Lands) Act, 1961 (Tamil Nadu Act 57 of 1961) by virtue of cection 62 of that Act.

E

8 I

This Act shall, except in so far as it is inconsistc,lt with any of the i 8 , provisions of Chapter V l l l of theTamil Nadu Land Reforms (Fixation F

of Ceiling.on Land) Act, 1961 (Tamil Nadu Act 58 of 196l),continue I #

/3 force by virtue of section 71 of that Act. 4

. - 6 -

#:< - Under the Madras Cultivating Tenants (Protection from

" I 5 j I

Eviction) Act, 1966 (Madras Act 11 of 1%6), the life of which : ' ' i 5 I Act expired on the 19th April 1968, the cultivating tenants iq r t the State were given. protection from eviction on the ground of !I

arrears of rent. Ta enable the cultivating tcnants to pay the arrears outstanding on the 20th April 1968 in easy instalments I .r

certak special provisions were made in the Tamil Nadu $. Cultivating Tenants (Special Pr~visi~ons) Act, 1968 (Tamil Nadu 1 L

f -

Act 16 of 1%8), Y

The Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1968 @kin61 Nadu Act 16 of 1968), the Tamil Nadu Culti-! vating Tenants Arrears of Rent (Relief) Act, 1972 @'ad1 .Nadu

'

Act 21 of 19721, the Tamil Nadu Indebted Ag~c~~ltur is ts (Temp- .

rary Relief) Act, 1975 ' VanZil - Nadu Act I 0 of 1975); the Tamil Nadu Indebted Agriculturists (T'emparary Relief). Act, - 1976 (President': Ac, 15 of 1976) and (the Tad1 Nadu Cultiva- ting Tenants (Protect ion lronr dr ;ction) Act, 1976 (President's Ae? 36 of 1976}, which providt; rei?ef to ct~ltivatjng . - tenants (includmg indebted agriculturists) in respoct ,

of certain arrears of rent, debts, etc., and against evic- tion shdl .override the provisions in this hot or in any other law, contract, etc. Please see section 9 of Tamil Nadu Act 16. of 1968, section 9 of Tamil Nadu Act 2 -

' of T m i l Nadu Act 10 of 1975, section 7 &ion: 8 ' of President's Act

this Act had ken:" extend u Acts XIX of 1958,12. of 1

d it became a, permanent Nadu CuItivat (Ta.mil. . Na4q .

i

558 Cultivating Terranu Protectioa [I955 : T .N. Act XXV ' . -

. . > ' : ' . , .. ; . ,.. ; 1[(ee) a person is said to carry on personal culti-

. . . vation on a land when he contributes his own physical . . . . 7 1 , -. labaur or that of the members of. his family in tbe culti- vation of that land;]

. . (j') "Revenue Divisional Officer" incans the Revenue

Divisional O.Gcer in whose jurisdiction the holding in question or 'part thereof is situatc or- an officer of the Revcnuk Dlspartment nat lower in rank: i h a , ~ he Revenue Divisional Officel-, cmpo wered by the %ate Sovcr nmcnt in this behalf ;

9 I ? 2[(g) one acre of wet land L,,, ... L L drvmcJ to be

equivalent to one ant- a half acres of garden land or three acres of dry land and ,any reference to acres of wet land shall be deemcd to i:wlude a referc~~cc lo dry or garden land reduced to their eqcivalent extent of' wet land].

WUEtion of 3~2-A, 4[(l)] fn relation to the Shcnc~tta~li taluk . certain :xpressions. of the Tirunelveli district, the cxpressiol~s 'the

commencement of this Act', 'the day this Act comes into force', 'the date of coming into fcx-cc or' the 6LTamil Nadul t Cultivating Tcnants Rotectitr 11 (Amcndincnt) Act, 1456,' ‘tile day the 5[Tamil Naiiu] Cultivating

! Tenants Protection (Amcndme~~i-) Act, 1956 corns into force', and .:he culni~lg *.11to force of ille "[Tamil Nadu]

I Cultivating Tenants Protection (Amendment) Act, , 1956' wherever they occur in this Act except in ciause

! i (a) of, and Explanation XI to, sub-seclion (2) and sub-

section (3) of section 3 shall bz construed as referring to 'the 2nd March 1960'; and the expression '31st March 1954', wherever it oc~urs in this Act, shall be collsirued as referring to '31st March 1959'.

This clause was inserted by section 3(3) of tlle Ta!nil ad^ CuItivating Tenants Protection (Amendment) Act, 1956 (Tamil a d u Act XIV of 1956;

2 This cl-..;e was added by section 3 (4) of the Tamil Nadu Culti. vating Tenants Protection (Amendment) Act, 1936 (Tz~nil -du ~ c t M V of 1956).

8 This section was inserted by section 2(i) of the TanliJ ~~d~ Cultivating Tenants Protectioo and Paylncnt of Fa i Rent (Arrendtnent) Act, 1961 (Tamil Nadu Act 32 of 1961), wjlich was 1

deemed to have come into forc: on fhc 2nd marc!^ 1960. 4 Section 2-A was re-numbered as suL-section (1) of that section

and sub-section (2) was add::d hy section 3 (ii) of the Tamil ~~d~ Cultivating Tenants Protection a d Payment of W ir Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 19631,

5,These words were substituted for thi word "Madrasw by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adapbtion of Laws (fhcond Amendment) Order, 1969

?

, . .. . . . . .C

. . , . - - ,.. .

- . -___-I--

--- -

. . 7

l[(oa) 'Cultivating tenant'-- . . . "

:(i) means a person who contlibuirs his o m , 3 " , i . -

physical labour or that- of any ~ e m b e r of his familpih the cultivation of any land belonging to another, under , . a tenancy agreement, express or implied ; and L ~ ' ,

. , . " ;" (ii) includes- 5 1"

(a) any such person who col~tinuis in ~ossk~ii,*n of the land after :he determina~ion of the tenancy a&€- > ,

. L ment ; (b) the heir of such pkrson, if th6 heit:contri- ,.

butes, his own physical. labour or that of a ny member $of his family in the cultivation of such land ; < ,-

1 ' i *

1 . . (c) a sub-tenant if he con~~ibutrs his o$n . '

physical labour or that of any member of his family ih , .>x*. . the cultivatiol~ of such land ; or 3:s

. . , , jzr&~s.s't.. '*? f ' f ) +';TS> :y' < i% (. . ' ' y * :$ r l (4 any s - ~ c h sub-tenant who continues in.;: ~ 2 . . ~r ..;. +, l:L$gi

' possession of the land notwithstanding that the persdn ' . /:: ;;, ?+$$

% 3.'

who sublet the land to such sub-tenant ceases to have jf. :, : ;,;* ' * .:. &

the right to possessiol~ of such land ; but ---y %,a'.

I .& , 4

4 1 *

(iii) does not include amere intermediqy or tiis . * .. heir ; 1 ., ' c ..I 2

(b) "cultivation" means the use of lands for ,the purpose of agi iculture or horticulture ;

2[(bb) 'garden land' means d r y land irrigated by lifting. her from wells or other Sourccs ;]

( ) "holding" means a parcc: or parcels of land held by a cultivating tenant ; .

(d) '4and" m a n s land used Tor the purpose of agriculture or horticulture and incllldes any bui12'-~g, or any waste, vacant or forest land, appurtenalA: thereto, .and any house-site belonging to the landlord and let to

. the cultivating tenant under the same agreement of tenancy; (e) G61andlord" in relation to a hold in g or part thereof

means the person entitled to evict the cullivaling tenant from such Z holding or part ; --- -

1 This clause was substituted for clause (aa) as so re-lettered by section 2(i) of the Tamil Nadu Cultivating Tenants Protection and payment of Fair Rent (Amendment) Act, 1969 (Tamil Nadu Act 9 of. 1969).

2This clause was inserted by section 3(2) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (~ami l xadu Act XIV of 1956.)

'

558 Clirltivatirrg Tenants Protection [I955 : T.N. Act XXV

1[(ee) a person is said to carry on personal culti- vation on a land when he contributes his own physical labaur or that of the meinbers of his family in the culti- vation of that land ;]

Cf) "Revenue Divisional Officer" mcans the Rcvcllue Divisional Officer it1 whoge jurisdict it311 the holding in question or part thereof i s situate 01. ail officer of thc Rev$nue Dg:partn~unt 11ot lo~vcr in rank ;kart Lhe Revenue Divisional Offi~cx, cmpcswcrcd by t 1~ Stdc Guvcrnmcnt in .his behalf ;

2[(g) one acre cf wct land sriall be dei:mcd to be equivalent to one and a half acres of gardan land or three acres of dry land and ac!y refcrcnce to acres of wet land shall be deem:d to include a rcferencc ! 3 dry or garden land reduad to thcir equivalent extent (,f wet land].

tructioa of certain 3p-A. 4[(1) ] Ia rc lation to the Shencotl;t:l taluk

xpressions. of the Tirul~eiveli d;stl*ict, the expressions 4the commencement of this Act; 'the day this Act comes into force', 'rhc date of coming into h r c c of ihc "Tamil Naduj Cultivai i , ~ Tcnanls Pl-otcutio n (Amcndmcot) Act, 1956,' 'the: day ihc "Tamil Nri.;u] Cultivating Tenants Protectioll ( A ~ I I ~ S ~ I ~ I I X J I ~ ) Act, 1956 co~rics into force', and ~ ~ h c coming iaio force of ihc: 6[Taiil Nadu] Cultivating Tenants Proteciion (Ame~tdm~nt) Act,

, 1956' wherever they occur 111 this Act cxcapi ill clause (a) of, and Explanation i'I to , sub-sec:ion (2) and sub- section (3) of section 3 :hall b? construed as refexring to 'the 2nd March 1960'; a n d !-he axprcssion '31st March 1954', wherever it occurs i n this Act, shall be consirued as referring to '31st March 1959'.

1 This clause w2s inserted by section 3(3) o f the Tamil %du Cultivating Tenants Protection (Amendment) Act, 1956 (TanziI fidu Act XIV of 1956).

2 This cia,,,: was added by section 3 (4) of' the Ta111il Nadu cutti. vating Tenants Protection (Amendment) Act, 19% (Tamil ad^ A C ~ XIV of 1956).

8 This section was inserted by crctio~l 2(i) of the T;+mil N,jdu Cultivating Tenants Protectiu11 a.td Pay~lle~it of Rent (Amendment) Act, 1961 (Tamil i.Tad~ Act 32 of 1361), wl~ich was deemed to have come i n t ~ fort=e orl the 2nd March 1960.

4 Section 2-A was re-numbered as sub-section ( l ) of that section and sub-section (2) was added by sect ion 3 (ii) of the Tamil ~~d~ Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).

. 5 These words were substituted for the word " Madrasfi by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws isecund Amendmen:) Order, 1969

> - * _ _ __& -I --- - - -

1955 : T.N. Act XXV] Cultivating 2 kna~ts 559 Protection. ,

1[(2) In relation to the added territories, the ex- pressions't he commencement oft his Act', 'such commence- ,

ment', 'the day this Act comes into force,' 'the date of ming into force of the 2[Tamil Nadu j Cultivating

Protection (Amcndmcn~) Act, 1956'; 'the day the Nadu] Cultivating Tenants Protection (Anend-

t) Act, 1956 comes into force:, and 'the coming into ce of the f[T;rn.il Nadul Cultivating Tenants Protec- n (Amendment) Act, 1956' whcrever they occur in this

Act except in sub-section (1) of this section and clause (a) of, and Explanation I3 to, sub-section (2) of section 3 shall be constructed as referring to 'the datr: on which the Z[Tamil Nadu] Cultivating Tenants Protection land Payment of Fair Rer.1 (Extension to Added Territories) Act, 1963,is first published in the *rbrt St. G e ~ r g e Gazette'.] %

f@? q 8[(3) In relation to the Kanyakumari district, the

exyressio~s "the commencement t f this Act', 'such commencement', 'the day this Act comes into. force,' 'the date of coming into farce of the %[Tamil Nadu] Cultivating Tenants Pr 'the day the %[Tamil tion (Amendment) Act, coming into fcrCe cf the 2 Tenants Ptotecti cn (A they occui in this Act of this section and cl

:" sub-'section (2) of s ; ring to fthc date on

ptation of Laws 0 tation of Laws

BThis sub-section was added by cultivating Tenants Protection and

+-. . . to Kanyakumari district) Act, @ .: e;: -8 * NO; thb Tarnil Nadu Go 9 9

r i *

560 CultivutilEg Tertilnts [I955 : T.N. Act. XXV Protec::i~n

Landlords not 3. (1) Subject to the next succeeding sub-sections, to evict oulti- no cultivating tenant shall be evicrvil 1mr~ h ~ s holdins vatingtenants* pranypa~tthereof, I[ # ;k s

t ] 5y o r at chc instants of his landlord, wllother in executioli of a dezreo or order of a Cfourt or otherwise,

I (2) Subject to tho next succsodi~rg sub-section, sub- section ( 1 ) shall not apply to a cultivating tenant--

1 2[a) who, in tlle meas whore t 113 Tai~jore Tenants

l and Pannaiyal Protection Act, 1 952 "C'mnlil Nadil] Act X N of 1952), '[was in Force] immediately bcforo the date of coming into lijrcc of tho "[f'amil Nadu] Culti- vating Texn~ls Protection (Amendlne~~t) Act ,1956, if in arrear at t l~c comnne~~cc~nsryE of this Act, wit 11 mspect to the rent payabla the landlo~d does not pay such rent within six wochs rifidr such sorn~lclsttcdinotlt or who in respect of' ~ O I I L j~ay:r'lio to tfm Irrndlord aftor ~ h o com- mencement of this Act, dew not pay such w~it ivittLin a month after such rorat bljcomes, due ; or

(au) who, in tho other amas of the [IStalo of Tamil Nadu], if in arruar at the corn~~~~ncamnefit of this . Act, with mspect to tho rent payable tu the landlord and accrued due subsequoj~t to tha 31 st; March 1954, does not pay such rent within a month afte~ such commence-

I mat, OP who 111 respect of rent payable to tho lamilord after such commencement, does not pay such rent within

I a month-aftm such rent iwcoines due ; or] (b) who has done any act OF has been guilty of

any neghgence whicli is dest:uctive or, or injurious to, the land m any crop thereon or has altogethox ceased to cultivate the land ; or

- - - . - - . - - - - - . I - - - " -------*-_. _ -^--_-___I

IThe words "cturiilg th: c t~itinuancc of this Act " w e n omitted by section 4 c;f the Tarnil N'lctu Gultivaii~l~g Tendots lJrotection (Continuance) Act, 1963 Il'arnil Nadu Act d of 1365).

Qhese clauses werc mhstituted for the ttr.iginiil clause (0) by section4 (a) (i) of the Tamil Nadu Cultivailrg ?'er,ant:, Prdfection (Amendment) Act. 1956 (Taa i i Nadu Act XI\' of iS iS)

STheue words apw i ( ibst l r~!~2 for t6e w o ~ d * 3 \y T.mil Nndu Adzpnrion ci L A G j O T ~ T . 1953. 5 ~ * - g ~ c - - ~ tte 'hmil ?&dU J\d+Xi;:~i C f Ldlk~ ( b a d Amcnifmmi) 1969. &

4These words were substit~ited for the expression b 6 and in the areas where the South Kanara Cultivating Tenants Protection ~ c t 1954 (Madras Act VI i-?f 1951), were in force '' by clause 3 of, and theschedule to. the Madrag Adaptation of Laws Order, 1957.

3 "

mis expression was ~bstitutcd for the expression .'State of Madras " by the Tamil h d u Adaptation of laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (second h d x n e n t ) Order, 1969.

-(d) who has wilfully denied the title of the land* lordtotheland. . 4

\

b

k[~xplanution III.-In relation to, the added t&i- tories, clause (aa) of this sub-section shall have effect as if the following clause had been substituted, namely :- <

p

. b

I .

562 Cu/tivntirzg ?'tJndnts [ 1955 : T.N. Act XXV Protection

J [Explanation IV.--In relation to the Kanykaumari district, clausd (aa) of this sub-saction shall have offst

' as if the following clause had boon substitutat; namely:-- (aa) who, if in arrear on the date on which the

= m i l Nadu] Cultivating Tenants Protwtion and Pay- ment of Fair R3nt (Extension to Kanykaumari district) Act, 1972, is &st publish4 in the Tamil NRdu Gover~mrnt Gazette, with respect to the wnt payable to the landlord and accrued duo during a psriod of bno month before such dato does llot pay sucl.1 rstlt within a month after such date, or who in respect of rent payable to the landlord after such date, does not pay such rent -8ithin a month after such rent becomes due ; or]

(3) (a) A ctlltivating tenant may deposit in Court the rent or, if the rent be payable in kind, i t s ma~ket value on the date of doposit, to the account of the landlord-

(i) in the c a n of re~zt accr~ed due subsequent to the 31st March 1954, within a month after the commence merit of this Act ;

(ii) in the case of rent accrued due a f - the commencement of this Acf within a month after the date on which the rent accrued due,

(b) The Court shall cause notico of the deposit to be issued to the landlord and dete~mine, after a summary . enquiry* whether the amount deposited rep1 ssents the correct amount of rent due from the cultivating tenant. . If the Court k d s that any further sum is due, it shall allow thecultivating tenant such time as it may CO&& just and reasonable having regard to the relative c b tmces of the landlord and the cultivating tenant for depositing such fi~rther sum. incluske of such GO& tht~ Court may allow. If the Court adjudges that no f'wther sum is due, or if the cultivating tenant deposits withill the time i%llcwed such further sum as is ordered by the Court, the cultivating tenant shall be d e a d to haw

I .- - IThis Explanation was added by section 2.(ii) (a) of the Tamil

Nadu Cultivating Tenants .Prptedion of Payment of Fair Rent (Paension to Kanyakumafi district) Act, 1972 (Tnmil Nadu Act ' 4 of 1976).

3Thtse words were substituted for the word 6 L Madrasw by &@

Tamil Nadu Adaptation of Laws Order, 1969, as mended by the famil Nadu Adaptation of Laws (Second Amendmeut) O&r, 1969. %

.A -

. r+.-

*

' I955 f T.N. Act. XXV] Cultfvatlng Tenants 563 Protect ion

~aidlthe renf within the period specified in the last fore- going sub-section. If, having to deposit a further sum,) the cultivating tenant fails to do so wi~hin the time allowed. ,.

9,

by the Court, the landlord may ovict the cultivating tenadt. . i

as provided in sub-section (4). C .. \. - (c) The expression " Court " in this sub-section

means the Court which passed'the decres or ordm for. eviction or, where there is no such decree OP ord-m, tho. %

s

. , Revenue Divisional Officer. I

'[Expla~zation 2[(I)] .-In relation to the shencott& , . ji *: . /

-taluk of the Tirunelveli district, tlie expression ccommen~t . . - .

ment of this Act' wherevet! it, occurs in clause (i) of . .~ 9 3 -

,b >'

this sub-section shall be construed as referring -to the I- . $. '

date, on wEch the 3[Tamil Nadu] Cultivating Tenants ' ' 1 )

f . . ! ' . *

, Ptotection and Payment of Fair Rent (Amendment) a n

' . ,L'*$

Act, 19614s first published in the*Fort St.George Gazette.] I , ;'I

< .- > .

' +;{ : t . - , " 8:. * ,

2[Explnnation II.-In relation to the added:, .,& ; ; ' i L "'# , :y

. tetrritokes, the expression 'rent accrued due subsequent - I r r e C ,, . to the 3 1 st March 1 954' occurring in sub-clause (i)of clause- < 'I * .

(a) of this sub-section shall be construed as referring t6 ,.

rent accured due clluring a period of 'one month before the date on which tihe 3[Tamil Nadu] Cultivating Tenants

air Rent (Extension to Added i

rst published in the *Fort St..

4[Explanation IX-In relation to tb.e Kanyakummi district, the expression 'rent accrued due subsequent to the

, 31st March i.954' occurring in sub-clause (i) of clause (9 - ---. .-- -- 1JThis Explanat io~l was added by sectio TI 2 (ii) of the Tamil Nadu

Cultivating Tenants Protectioil and Payment of Fair Rent (Amend- ment) Act, lPGl (Tamil Nadu Act 32 of 1961), which was deemed to have come into force on the 2nd March 1960.

ction (3) of section 3 was numbered xplanation I1 was added by -sectio, .

Nadu Cultivating Tenants ProtbL -? and sion to Added Territories) Act, 1963

$These words were substituted for the word " Madras " by thq TamilNadu AdaptationofLawsOrder, 1969,asamendedbythe Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,

by section 2 (ii) (6) of the Tamil tection. and Payment of Fair Rent

trict) Act, 1972 .(Tamil Nadu Act 4 I I

, ; .

I

564 , Cultiva f ihg Tenants [I955 : T.N. Act X X t Protect ion.

of this sub-section shall be construed as r e f a g to mnt .--c*ued due during a period of one month b e f o ~ :he date on which t h e ~ 2 ~ i l ~ N a d u ] Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari district).,,Act, 1972, is first published in the Tamil Nadu Goverrment Gazette].

(4) (a) E T w y landloid seelaing to evict a cultivrtling tenant tilling under sub-section (2) shall, whet her or not there is sn ord,?r or deaee of a&'ourt f'or the eviction of such cul.iveting lens.nt, m2.k an a.pplication r 0 the Revence. Divisiona.1 Officer and su ~h tippli c~.r ion shall bear a COUI t *fee sf amp of one r ti pee,

(b) On reaipt of such applica.tion, the Revenue Divisional Oficer shall, after giving a leasonable opportu- nit) to the landlord and the cultivating [enan: l o ma& their representations, hold a summary enquiry into the matter and pa.ss an order either allowing the applia- l.ion or dismissing it and in a case falling under clause (a) stor clause (aa)] of sub-section (2) in which the tenant had not availed of the provisions cou ts i ned in su b-section (3), the Reveilue Divisional OiFfcer may allow the culti- vating tenant ju ~ 1 1 tima as he GO asidcrs j u sf itlld L ~ i \ ~ ~ l x \ b l e having regard to the reklive circumslences of the lirndlcrd and the cultivz.ting fenant for depositing the zrrears of rent pa.y.yable under this Act inclusive of such costs as he may d irect . If the cubivating tenant deposits the sum 6s direcied, he'shall be deemed to have paid the rent under sub-seclion (3) (b) . If the clrllivc.ting tenant fcJl8 to deposit the sum iis directed, the Revenue Divisional Oftier shall pacs an order for evic~ion:

s[Pro vided t hat t he Revenue Divisional Officer shall not d ireot the cultivating lengnr to deposit such arrears of rent as have hecomc limo bg.r.rrctl uncf,er any law of limittiti02 for the tinlc bcing in ibrw.]

iThese wcrds were substituted for the wc rd "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the i'amiiNadu Adapt at ion af Laws (Second Amend rnent) Order, 1969.

Qhese \vclrds, bsz.ckrtts and letters \\ere irserted by section 4 af the ~ d r 2 - i I xbJc Cslr ;~a!io$ TT~:,: .:5 Pr,- ?et:!ir n (;ILxr?anbmt ,&, y ~ g e 0~=-,:, N,t, -4, r 333 1,; :3:- .

- . - - - z T - . - \":J mz5 >:.-,*. . L1 ,.-:j ::@ %<.:':L - - . -- - -. - - L A - - . -3- C+&& g- T m c s =ai.rcjr-. 2 ; Rcz; iXdlI'-..: . ' . . ? . - - ' I

y2'T- - * ..+. ,C'iidc;Aa 21 cf 1972.)

. .

49% : T. kct XxV] - Cultivating Tenmls ~ r o t e c t ; ~ : 565

4. (1) Every cult iva-ting tenant who w2.s in possession Right to of any land on the 1st December 1953 at;d who is not restoration of- in possession t hereof 2.t t he .commencement of t his Act possession. -

, shall, on application to the Revenue Divisiom.1 Officer, be entitled to be restored roesuch possession on the =me terms as those applicable to the possessio~ of the land on the 1 s t December 19 53.

1

F (2) .Nothing in sub-section ' (1) shitll be deemed

to entitle any such cultiv~~ting tenant lo restorz.tion of PO ssessio n-

(i) if, on the day this Act comes into force, he is in possession, either as owner or as tencnt or es both, of land exceeding r he extent specified in the Expl8.na.tio n below or if he has been assessed to any sales-tax, profes- sion -tax or income-tax under the respective laws relating . to the levy of such taxes during 1953-54 or 1954-55 ; or

. @)if thelandlord,a.fterevictingsuchcultivating tenant from the land,, lbas been carrying on personal cultivation on t he land], providcti 6s follows :-

(a) the total extent of land* held by such land- lord inclusive of the land, if any, held by him as p. tenant does not exceed the extent specified in the Explanation below ; and

(b) the landlord has not been assessed to any sales-tax, pr ofession-t ax or income-tax und er the I espective . laws :&ting to the levy of such taxes during 1953-54 , ,

or 1954-55 : or iii) if subsequent to the 1st December 1953, 6 the ' lord has bona fide admitted some other cultiveit-'

ink tenant to the possession of land and such other tenant lias cultivated the land before the commencement of t liii Act ' : -

' I proaded that where suchothertemnt isin possession,

either as owner or as tenant or as both of any other land exceeds the extent specified in the Expknation

' below and the cultiva? ing tenant who was evicted is .n&f in of any land or is in possession of any oth& I

qhese were substituted fat the words "has beon cultiding' : the .land by his owa labour or by that df any other member of 'his family or by hired labour under his supervision or cantrol" by geaibn 5(1) !of the Tamil Nadu Cultivating Tenants Protection ( ~ ~ d m e n t ) i4cf, 1956 (Tamil Nadu A 6 Act of 1956). . . P i : j

J* ,

566 Clrliiilr~iirrg 3~nrtrit.s 11955 : T.N. Act XXV J9roteetion

land which is b s s than the extent specified in the said Exp18,matian, 11x cultivating ic~lam slr;!.ll be ent it kc'. to restoratioll of possession.

1[Zxplanation.-The extent referred to in clauses (i) to (iii) above is 6) acres of wet 1zt.nd.l

( 3 ) E ~ e r y npplicalion to aP.evenue Divisional , OfBoer under sub-section (1) shall be made within thirty days from the ommencement of this Act, and shall bear a court-fee stamp of one rupee :

Provided that the application may be received after the period of - hirt y d ays aforemid, if t he applicant satisfies the Revenue Division2.1 Officer that he had s~fflcient cause for not iu:?king the application • within that' pericd .

, (4) On receipt o f an application unc'er sx,b-sect ic n (3), the Reventla Divisional Officer shall, aftel- giving a reasonable opportunity to the landlordl and the cultive.ting tenant, if any, i n possession of the land, to make their representations, hold a aummz.ry inquiry in1 o t he matter and pass an order either auowing the application or dis- missing it. In passing an order allowing the npplifation, the Revenue Divisiotlitl Officer m y impose such conditions as he may consider just and equitable including condil ions in regard to-

(i) the p;tyinent by t lie ~.pplic,.nt of any arrear of rent :~lrer.d y due from him to i he litndlord, but not ex=c!,ing in amsun t one yecxs' rent ; and

(ii) the reimbursement by I he ::pplical~ of the landlord rr t he o l her cult ivd? i.ling l ellit 111 in respc cr of r he expenses i n c l ~ r ~ e d cr the kbrtrr donr by him $l~l.jng the period wllrn f he r.ppiicant w2 S not i pc, ssessic n, on e,ny crop whicll h9.s I I G ~ been hrvcstcd, if ;:II agreement is not rencl1ed bclwc.en the piv-lies :is regards the rates and nlanltcr ( f SU ch .k cilm"U*A ...- k, l,i .

5 195%: T.N. Act X X V ] Cultivu~ing T w i t s Proret ridn $67 .

3

, - 4' - R -.

=[(5),~ny cultivating tenant who after the .wmmencr- . ment of this Act has been evicted except under t,he pro-

visions of sub-sec ion (4) ofc section 3 shall be entit lcd , . . . to apply to the Revenue Divisional QEicer withintwo. , . , months from the date of such eviction or within two , ,

.*' ':- I i ".

months from the date of coming into force of the spamil, :* ,

J L . - " '7 bi" ,! 1 /

Nadu] Cultivating Tenants Protection (Amendment) Act ' , , . 1956) sparnil Np.du] Act LIV of 1956) for the restoration to him of the possession of the .l~.nds from which she was evicted and to hold them with fill the rights and subject to aU the liabilities of a cultiveting tenant. The pro- visions of sub-section (4) shall, so far as may be, apply to such an irpplication.]

~[Exptanation 4[(l)].---In rels2tionto the Shencottah taluh of the Tirunelveli district, the expressions '1st . December 1353' and '1953-54 or 1954-55' wherever they occur in this section shall be construed respeclively as refaring to '31st Mach 1958' and '1957-58 or 1958-59'.]

4 i!&lanation i ~ - - ~ o t h i n ~ in su b-sections ;, (2) and ( 5 ) shall apply to the added territories .I

6[ExpZanaf ion III.-NO~ di og in su b-se ctio ns (I), (2) *and (3) shall ~ p p l y to thezClnyakuma.ri district.]

I

1 This sub-seotion was added by section 5 (3) of the Tarnilmado . ' Cultivating Tenants Protcct ion (Amendtnont) Act, 1956 (Tamil Nadu Act XTV of 1956).

2 Those words were substituted for the ward 'Madras'by the Tamil NadU Adaptation of Laws'Ordar, '1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

' a This Explanation was added by section 2(iii) of the Tamil Nad. Cultivating Tenants Protection and Payment of F dr Rent (Ametadm ment) Act, 1961 (Tamil Nadu Act 32 of 196l)which was deemed to have come into form on the 2nd March 1960.

4 The Explanation a,t tho end af section4 was nurr bered as Explmi# tion I thereof and Explanation I1 was added by s~ction 3 (iv) af tho Tamil Nadu Cultivating Tenants Protection And P2yment of Fair Rent (~xtcns i~n to Aclded Tc:.-l+l v i f i 3 Act, 1963 Varnil Nadu Act 33 of 1963).

5 This Explanation was added by sadion 2(iii) of the Tamil ~adu ' . ,

Cult i ~ t i n g Tonants .?rctoct ion and Pnymont of Fair Rent (Extsnsion to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 ef 1W@,

568 CbiEtivrzting Tenants - EL955 : T.N. Act I X e Pr~tection

%

'[&A * * * * *3 - - --I- I

, M t e r the words "in any ather 'provision of this Act" occminq in sub-section(1) of section 4-A, the wards, figure and letters "but~ub~ect .- to the+pravisions of section 4-AA" wow insrted bj section 3(1) of the . . Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9

' of 1965). - The ward ~Madras' occurring in sub-sections (4) and (5 ) wplrct

substituted by the words 'Tamil Nadu' by the Tami 1 Nadu Adapt at ion of Laws Order, 1969, as amended by the Tamil Nadl~ Adaptation of Lavs (Sewnd Ammdmont) Order, 1969.

The .following Exp!anatii~n was addad to sub-section (4) of section 4-A by sectian 3(v) of the Tamil Nadu Cultivating Tenants Protect- tian and Payment of Fair Rent (Ext~nsian to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963) :-

"Exp~~nation.- In relation to the aided territories the expression '1954-55 or 195 5-56, occurring in this sit brsection s11all be construed as referring to '1 961-62 or 1962-63'."

Clause (iv) of section 2 of the Tamil Nadu Cr~ltivating Tenants Protection and Paymcnl of Fair ,Rent (Exteilsion to Kanyakunlari District) Act, 1972 (Tamil Nadu Act 4 or 197611, which added the following ' Explanation TI afct. r11 I I Y ~ b ~ i j~lg tikc above Explanation as Explanatian T was omitted a!:tl c!eemed never to have been enacted by szction 5 of the *T"unil Nad!i Cr~ltivating Tcnants Protectian (Amendment) Act, 19'76 (Prosidenl's Act 3 8 af 1976).

#

" ~ x p Zonation If --In reladon to me A,i k ryal;? t~nar i district, the expression' 27th Septetuber 2 955'occurring i a sub-cec tion(3) alad the expression '1954-55 or 1955-56' accurring in s~ib-section. (4) shall be constr~~ed respec ;ivc:ly 3s referring to 'the rl:lte on which the Tamil NaduCwltivatir-igTennntsProtectic,n and 13ayrneilt of Fair ,

Rent (Extension to Xsnyakumari Dist!-ict) Act, 0972, is first pub- liahed in the Tamil Ni?du' Government a;'c1zettc$ and 'I 970-71 or 11 971-72'."

T!?e fallowinl: Explsn :ti02 was a~ic?e:l ,it the end of section 4 4 by section Z (iv) of the Tamil Nad:t 6::b L:Iv.:tii!g Ten -.nis Protection and Payment of Fair 2Ee IE (Axnendmc!tt) Act, 1 $GI (Tarail Naez Act 32 of 1963), whic? w:is deemed 10 eon:e into force on the 2nd March 1560 : -

~'Exp~clr~ation,-irz rcl,:tion to t l ~ Shenc2ttah tn'iuk of the Virunelveii district, t41(* c~i~@ssiort '27th Septerizber 1955' occirrring in sub-section 135 and the cxprzssion 'l?5-?-55 or 1955-56) occurring in sub-sectic~r (4) shall be canstrued respectively ijls referring to '2nd March i560' and '1 957-5 8 or 1958-5Y,"

Certain savinr: Prwisrons were, howe$e;-, rnz& for restoration to possescio!? of lEn2! f3-am V4lhicl.r aoy p~:'son was evicted during t h ~ , period between t:.e 51!, July I r .73 arrd i - i ' ~ Al:lrch 1476, Please see section 4 af thc Tarnil Nad~t Cu1tiv;rting ' I ' C ~ P ~ ~ L ~ S Prafectio.xi (Amend.. mmt) Act, 1976 (Prcsidcnt's Act 18 crf 1946). F i n ~ l l y section QUA was omitted, :lltd was aecmcd to have been omitted, with e%ct from . tho 5th July 1973 by ssc! ion 2 irf the Tamil Nadu Cultivating Tanants protect ian (Arnoniimoit!j Act, 1976 (Presitlurrt's Act 1 s of 3 97@,

510 ' Cullivuting Tenants [195S : T,N, Act XXY Proteetion

1[(4) (a) Any person desiring to resume any land under sub-section (2) or, as the case may bc, under sub- section (3) (hierafter in this sub-sectioo rcfurrud to as the applicant) shall app!y to tho Revenuc L)ivisiot~irl Olllcor and on receipt of such application, tiw llcve~luc llivisioael Officer shall, after giving a rcasonstblc opportu- nity to the applicant and the person in possession of the land (hereafter in this sub-section referred to as the possessor) to make their representations, hold a summary. enquiry into the matter and pass an order either directing the ppssessor to put the applicant in possession of th3 land or dismissing the application.

(&) Where a. Revem 1 CAic~r passes . an order under cla~~sc (a) directing the possessor to put the applicant in possession of the land, the Revenue ' Divisional Officer may impose such conditions as he may consider just and equitable including conditions in regard to the reimbursement by the Applicant to the possessor in respect of the expanses incurred by the possessor or the labour contributed by him on any crop which has not been harvested, if an agreement is not reachd between the parties as regards the rates and manner of such reimi bursement .

Exp,'anation..- Ir. lieu of imposing any condition relating to reimbursement as provided in clause (b), the Ravanue Divisional Officer may, in his discretion, postpone the restoration of the applicant to possession of the land, until any crop which i s being gown thereon, at the time when the order is passed, has been harvested.~

*

(5) Where a member of the Armed Forces dies while in service, the special previleges conferred by this section on such meqbar shall be available to the widow of such member, or any person depe~dent upon such member imr.:~.liately before his death.

lThis sub-sectiotl was substituted and was deemed to have been substituted, with effect from the 5th July 1973, by section 3 of the ~ a m i l Nadu Cultivating 'Tei~ants Protection (Amendment) ~~t

¶ 1976 (President's Act 18 cf 197Q for the following sub-s,~t~on (4) inserted by section '3 (ii) of the Tamil ~~d~ Tenancy (Amendment) Act, 1965 (?'mil Nadu Act 9 of 1965) :

" (4) The provisions of sub-section (2) of section 4 4 shall, as 9 :'. @ far as may be, apply for the rtsumption of any land under sub-section %

(2) or sub-section (3) as they apply for the resumptkjn of any larld 2 " underLsub-section (1) of sectloa 4-A." sl

(6) The provisions of this section shall havt.: M e e t notwithstmding anything inconsistant therewith con- tsined in any other provision of this Act 5r of anv other Act.

Exp/an;tion.-For the purposes af tlds Act- - ,.

(a) 'member of the A3med Forces' shall have the same n~eaning as in clause (29) of section 3 of the l[Tamil Nad~] Land Reforms (Fixation of Ceiling on Land) Ibct,1961(l[TamilNadu] Act58of1961). .

(b) a member of the Armed Forces who has been . discharged or retired from service or who has been sent to Reserve is said to carry on personal cultivation on a land when he contributes his own physical labour or that of the members of his family in the cultivatiol~ of that land ; and

(c) a member of the Armed Forces in service shall . be deemed to carry on personal cultivaticn 0" a land if

such land is cultivated by the members of his family I

or by his own servants or by hired 1abour;with his own .

ot hired stock. f

i-. 6

t" . b. 21443. (1) In ibe case of every tenancy agreemefit Bxeckitio i . of

entered into after the conriii. into force of $he l F d lease, Nadu] Cultivating Tenants, protection (/%menbent) Ad,

Tamil 1956, between a cultivating tenant and a landlord, a lease Afarrn, 1 ex :cLlted in triplicate in the prescri.3 Nadu deed sh 1.

Act ,ithi* a reason:hble time after the commencement 'of Xlvof such tenancy, specifying the name and description of the i956 tenin~i, the name (if any), survey number,

dmription and ""tent' of the land leased out, and the I. - 1 # $ ' ,

terms of the tenancy ; and shall be siglled 60th by the , . . . . landlord or his agent and by the cultivating tenant. One j I

of the three copies shall be kept by the landlord, one shall be', a

. kept by the cultivating tenant and the third shall be caused a

tb be lodged in the Taluk office by the landlord 0s his '

agent within a for-jght of the date on which the cultivaf- ., * 9,

" - & 1- 4r 4

ing tenant signs it : ) I ,/,

, .I , < *-,, : . 2

_ _ _ C _ _ , , .. ,.& 1 These words were substitbted'for the word isMadras " by the '

, - k, 8, .'

Nailu Adaptation of L.aws Order, 1969, as amended by the. . + L Q+

1969. - 1 ,

ramil ~ a d u Adaptation of Laws (Second Amendment) Order, I *, , ,

6 of the ~amilNadu Culti- , ' , * .* )J

1956 (Tamil Nadu 2 This sedion was .ihserted byaSection ~ 4 %

vating Tenants protection (~mendment) Act¶ .! ?

I Act XIV of 1956). i

2 3 1 " , , ',

{* ; . . . . *.a. .-* tC.

Provided that if $he landlord or the cultivating tenant refuses or delays unreaso~~ably to exucute' the lease deed, it shall be open to tile cultivating tenant or the landlord, as the case may be, to loclge the deed in the Taluk office with a declaratiorl that the other party iias refused or dd ayed unreasonably to execute it.

(2) ?No stamp need be a&ed to the lease deed.

(3) In the case of any tenancy, if the landlord or his agent or the cultivating tenant refuses to sign or fails to lodge the lease deed in accordance with the provisions of sub-section (I), the Revenue Divisional Officer may impose o n thc landlord or the cultivating tenant, as the case may be, a penalty which may extend to fifty rupees; and any penalty so imposed may be recovered as if it were an arrear of laad revenue].

lat of jurisdi~m (6) No Civil Court shall,. except to the extent speci- tion of Civil fied in section 3(3), have jurisdiction in I espect of any matter

, , Goucts. which the Revenue DivisiomJ Ofticer is empowered by or under this Act to determine and no injunction shall be granted hv any Court in respect of any action taken or to he taken in pursuance of any power conferred by or under this Act.

Transfer of *[&A. If in any suit tefcre any Court for possession of, a

ceaain suits or injunction in reldtion to, any land, it is proved by , the Revenue affidavit or othswisu t h ~ t the defendant* is a cultiveting Divisional tengnt entitled to the hcntfits of this Act, the Caurt shall

officer not proceed with the trial of the suit but s k u transfei by courts. it to the Revenue Divisional Officer who shall thereupon

deal with and dispose of it as though it were an application , ader this Act and all the provisions of this Act shall apply to such an application and the applicant.

I Section 5 was omitted by section 5 of the TamilNadu Cultiva- ting Teuants Protect ion (Continuance) Act, 1965 (Tamil NadD Act 8 of 1965).

aSec t ions Tamil Nadu 1956 (Tamil

6-A and 6-I3 were inserted by Cultivating Tanant s Protection Nadu Act XIV of1 956).

section .7 of. the ( Ameildtnen t) ~ c t ,

I . . - - - . ' * P ,

- *-- -------- . , 1955: T.N. A C ~ , XXVI \ Cultivating ~ m t s Protection ,573 .

. , I .+

f . 6-B. The Revenue Divisional Officer shall be kevi~ion by ' deemed to be a Court subordinate to t b High Court for High Court* the purposes of section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908): a n d hir order:; shall be

' liable to revision by the High Court u6da the provisions of that stction] .

- l i 6 - ~ ~ where any cultivatidg tenant evicted i n exa t ion of an order for evictlan passed und su'lpsectioh (4) of section 3, and where such ordm for eviction is set aside in revision by the High Court, the High Court shall dir cot restoration to such ~ult i~ating tenant of the possession of lands from which he *as

with all the iights and subject to' all the liabilities of a3cultivating tens nt . The High Court may impose such condition as may be imposed by the Revenue Divi- sional-Ofaoer under clause (ii) of sub-section* (4) of ~ection 4 and the Explanation thereto.]

9[(j.c. (I) On the application and after notice to the parties and of them asdesire to be heard, or of 1t.s 0 such notice, the High Court may at any application or other proceedin Revenue Divi pending before any . distiict for disposal to any other officr in the same district.

(2) wheir any a.pplication or other proceeding has been transferred under sub-section (I), the &venue ~ i ~ i ~ i ~ n a l Officer who thereafter holds the inquiry mays subject to any special directions in the case of an order of transfer, either hold the inquiry de nova or ~romed from the point at which the appmtion or other 3?roCee0 ding stood when it was transferred

7. (1) state Government may, 3[ * . *] m a k e p e t o 9 t ,

rules to carry out the purposes of this Act* make rules. __C-

TTbis section inserted by section 2 of the Tamil Nadu Cuhi" ya+ing Tenants protection (Amendment) Act, 1973 (Tamil N a d ~ Act 6 of 1974).

2 T M ~ inserted, bylsestion 3 of !he TamilNadu Cuiti* I

vating Tenants Protection (Amendment) Act, 1958 (Tam11 Nadu

~ c t S X of 1958). "by notifiat ion in the Fort St. George Gazette"

The wo'ds, Lsec.,ioa ~ ( v ) (Q) Of, Ta Nadu C&imting I

were omitted b, Tmants pmtectlon and payment of Pair Rent (Amendment) Act, , \

1961 uamil Nadu Act 32 of 1961), which Was dgmed to have -6 into form the Z~d~Maroh 1960. *

1

'12) All r ulzs made under i l is Act shiill be published in thz Eort St. George G~zette* and unless they are expressed to come into force on a prlical;?r day, shall come into force on the day 6 on which they ?re: so published.

(3) Every rulc made undcr this Act sb+ll, as soon as possible, after it is made, be placed on the table of both Hous-s of the Legis13ture, aqd if, before the expiry of the session in which it is SO placeda or 111: next session, both Houses egree in m;?klng m y modification in an) such rule or both Houses ngrec that ihc rule sl~ould not be m?de, t hc ru t : sh::ll t h~:rc;?fter 11?'vc: ~ f f e e t only in such modified form or bz of no effect, as tha o?se may be, so b w e v ~ r , ths t any such ~nodifica tion or annulnlent sb.ll be without prejudice Lo the validity of a nytlring previousiy done under that rulc.1

*These subsect ions wera subst it uted for the original su b-sea ion (2) by section 2 (v)(b) of the Tamil Nadu Cultivating Tenants Proteotion and Payment of Fair Rent (Amendmelit) Act, 1961 (Tamil Nadu Act 32 of 1961), which was deernod to hove oomc into foroe on the 2nd March 1960.

*Now the Tandl Nadu Governntent Oare:tgc.

600 Cultivating Tenants P ratection [I 956:T.N. Ae t XIV ( A rn~l3dtr~e~t)

'[TAMIL f. AUU] ACT No. XIV OF 1956.4

(Received the assmi of the Prcslrkjrrt on tlre 29tJt September 1956 ; first pirhlished in BLJ Fort st. Gcorgc Gnzett: B~zxtrtrordirrcir~ on the 1 st Octobi~r 1 956.)

I An Act to amnc~ld and extend the duration of the '[Tamil Nadu] Cultivatiag Tenants Protection Act, 1955.

WHEREAS it is expzdiuni io a mend r nd cx:end the dure t ion of the '[Tamil Nadu] Cultivatiilg 'liena~bts Pl*otection Act, 1955 ('$mil Nadu] Act XXV of 1955);

BE it enacted in the Sevznth Year of the Republic of India as follows :-

S L O ~ t itlb* 1. This Act may be cllled the lnarnil Nadu] Cultivating 7 Tenants Protection (Amendment) Act, 1956.

2 - 4 [The amendments mzde by sections 2-7 have been incorpor;lted in thc principal Act mamil Nadu Act XXV of 19551.

Cga,ntinuation . 8 The principal Act shall be deemed to have continued force of force until the date of coming into force of this Act

the princi- and the principal Act as amend& by this Act shzlt continue Act* in fore? for rhe plriud specified in su b-action (3) of

section I of th3 principnl Act a s amended by this Act. :,,

vat ing Tenants Protec- 54), is hereby repealed.

.'l . m , .

. ,

(2) All proceedings pending with the Revenue Court' -on the drte of coming into foice of this Act shall be dis-

posed of by that Court asif this Act had not been passed.

12. (1) Any proceeding under* the princi@.l Act which Saving, ,. j .

has been disposed cf between the 27th September "1956 and the date of coming into f o r c ~ of this Act on the footing that the principd Act was not in force at the relevant time, shall be re-opened end disposed of in accordance with the ,

provisions of the principal Act. + r . I ,

' (2) Any cultivating tenant who has been evicted from any lrnd bjtwcen the dates referred to in sub-section (1) on -the footirlg that the Principl Act was not in force at tk relevant time, skll , on application, be entitled 'to be' restored to ths possession zf such land on the same. terms as those applicable to the possessicn of it under the princi- pl Act,

- (3) The provisions of section 4 of the principal Act shall, so far a s may b-, apply to an application made under sub-section (2).

- -- 1 This. expression was substituted for the ex1 fression '' Madras

Act'' by the Tamil Nadu Adaptation of Laws Order, 1970. I %

8 ~ h e s e words w e x substituted for,the word "Madras" by ihe . Tamil, Nadu Adaptat ion ol Laws order, 1969, as amended by the

Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,' ,% . E l .

. ) -

I'

1976 : President's Act 181 Cultivating Tenants $59 Protection (Amendment)

THE TAMIL NADU CULTIVATING TENANTS PROTECTION (AMENDMENT) ACT, 1976.

[~eceived the assent of the President on the 16th April 1976, first published in the Tamil Nadu Government Gazette Extraordinary on the 17th April 1976 (Chithirai 5, Nala (2007-Tiruvalluvar Aandu)).]

Enacted by the President in the Twenty-seventh Year of the Republic of India.

An Act further to amend the Tamil Nadu Cultivating Tenants Protection Act, 1955.

In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 (41 of 1976), the President is pleased to enact as follows :-

1. This Act may be called the Tamil Nadu Cultivating short title. Tenants Protection (Amendment) Act, 1976.

2-3. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955).]

4. (1) (a) Any person who has been evicted from Savings. any land under section 4-A of the principal Act on or after the 5th day of July 1973, but before the 5th day of March 1976, being the date on which the Tamil Nadu Cultivating Tenants Protection (Amendment) Ordinance, 1976 (Tamil Nadu Ordinance 10 of 1976), was published in the Tamil Nadu Government Gazette, shall, on application to the Revenue Divisional Officer within a period of six months after the 5th day of March 1976, be entitled to be rcstored to possession of such land and to hold it with all the rights and subject to all the liabilities of a cultivating tenant under the principal Act.

(b) The provisions of sub-section (4) of section 4 of the principal Act shall, so far as may be, apply to applica- tions under clause (a).

* For Reasons for the enactment, see Tamil Nadu Government Gazette Extraordinary, dated the 17th April 1976, Part w- Section 2, Pages 169-170.

Protection (Amendment) J '360 diuttivatrjlg fenafits fiH& . President's Act i B

1 (2) Notwithstanding the repeal k section 4-A of the

principal Act by this Act, the provisions of sub-section (6) of that sect~on shall apply and continue to apply to or in relation to all cases of resumption of lands made by landlords in accordance with the provisions of that section before the 5th day of July, 1973.

(3) Save as provided in sub-section (2)-

(a) no legal proceeding or remedy in respect of any right, privilege, obligation or liability acquired, accrued or incurred under section 4-A of the prir~cipal Act on or after the 5th day of July, 1973 but before the 5th day of March, 1976 shall be instituted, continued or enforced ;

(b) every suit, appeal, applicztion, revision or other proceeding instituted, made or taken under section 4-A of the principal Act on or afte: the 5th day of July, 1973 but before the 5th day of March, 1976 and pending on the later date shall abate. I

5. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu C~iltivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976).]

and 6. (1) The Tamil Nadu Cultivating Tenants Protec- savmg. tion (Amendment) Ordinance, 1976 (Tamil Nadu Ordinance

10 of 1976), is hereby repealed. I (2) Notwithstanaing such repeal, anything done or

any action taken under or by virtue of the said Ordinance shall be deemed to have been done or taken under or by virtue of this Act.

TAMIL NADU AC'E NO. 7 OP 1980*.

THE TAMIL NADU CULTIVATING TENANTS PROTECTION AND PAYMENT OF FAIR RENT

(AMENDMENT) ACT', 1979.

[Received the assent of the President on the 7th March 1980, first published in the T~rnil Nuda Gwcmaent Gazette Extraordinary on the 10th March 1980 (Masi 27, Chithar th i -~u 1; - T~;ir:rvalluvm A mdu).]

An Act further to amer!d the Tamil Nadu CultSvoling Tenants Protection Act, 1955 and the T a d Nadu Cultivating

. Tenants (Payment of Fair Rent) Act, 1956.

.. BE it enacted by the hgislatuse of the State of Tamil Nadu in the Thirtieth Year of the Republic of Indndia as fcl1ows:-

1. This Act may be called the Tamil Nadu Cultivating shon Tenants Protection and Payment of Pair Rent (Amendment) Act, 1979.

2. h the Tamil Nadu Cultivating Tenants Protection Amendmentof Act, 1955 (Tamil Nadu Act XXV of 1955), after section 7, Tamil Nadu the following section shall be and shall be deemed always to Act XXV of have been added, namely: - 1955.

"8. Act not to apply to landr owned by Central Govern- ment, State Governments, &.--Nothing contained in this Act shall apply to any land owned or f aken on lease by 9-

(i) the Central Government or sny State Govern- ment or any local authority 1 or

(ii) any company or corporation owned or contro- lled by the Central Government or any State Government; or

(iii) any University constituted by any law.".

* For Statement of Objects and Reasons. see Tamil Nadu Govern- ment Gazette, dated the 27th October 1979, Part 1V-section 1,

8 Cultivating Tenants Projection [I980 : T. N. Ad 7 ahd Payment of

fair Rent (Amendment)

Asrendmen& of .3 . In the Tamil Nadu CultivatingTenants (Payment of ~ a d u ~ c t Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956),

XXIY of 1956. after section 18, the following section shall be and shall be deemed always to have been added, namely :-

"19. Act not lo apply io land:; owned by Central Government, State Governments, etc.---Nothing contained in this Act shall apply to any land owr~ed or taken ori lease by,--- *

(i) t h Central Government or any State Govern- ment or any local authority ; or

(ii) any company or corporation owned or contro- lled by the Cefitral Government or any StateGovernment ; cp

(iii) any University constituted by any iaw,".