THE TAMIL NADU CULTIVATING TENANTS PROTECTION (AMENDMENT) ACT, 1976.
[Received 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:-
Short title.
1. This Act may be called the Tamil Nadu Cultivating 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).]
Savings.
4.(1)(a) Any person who has been evicted from 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 restored 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 applications under clause (a).
(2) Notwithstanding the repeal of section 4-A of the principal Act by this Act, the provisions of sub-section (6) of that section 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 principal 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, application, revision or other proceeding instituted, made or taken 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 and pending on the later date shall abate.
5. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972 (Tamil Nadu Act 4 of 1976).]
Repeal and saving.
6. (1) The Tamil Nadu Cultivating Tenants Protection (Amendment) Ordinance, 1976 (Tamil Nadu Ordinance 10 of 1976), is hereby repealed.
(2) Notwithstanding 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 ACT NO. 7 OF 1980 (For Statement of Objects and Reasons, see Tamil Nadu Government Gazette, dated the 27th October 1976, Part IV-Section 1, page 368.) |
