Madras City Tenants' Protection (Amendment) Act, 1979*
| [Tamil Nadu Act No. 2 of 1980]* | [3rd March, 1980] |
An Act further to amend the Madras City Tenants' Protection Act, 1921.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 29th October, 1979, Part IV - Section 1, pages 385-386.
* Received the assent of the President on the 27th February, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 3rd March, 1980 Masi 20, Chittarthi - 2011 - Thiruvalluvar Actndu
1. Short title and commencement.- (1) This Act may be called the Madras City Tenants' Protection (Amendment) Act, 1979.
(2) The provisions of this Act, except sections 9 and 10, shall be deemed to have come into force on the 9th January, 1974.
2. Amendment of long title of, and preamble to, Tamil Nadu Act III of 1922.- In the long title of, and the preamble to, the Madras City Tenants' Protection Act, 1921 (Tamil Nadu Act III of 1922) (hereinafter referred to as the principal Act), for the words "municipal towns", the words "municipal towns and townships" shall be substituted.
3. Amendment of section 1, Tamil Nadu Act III of 1922.- In section 1 of the principal Act,-
(i) for sub-section (2), the following sub-section shall be substituted, namely:-
"(2)(a) It extends to,-
(i) the City of Madras;
(ii) the townships of Kodaikanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Court-allam and Mettur.
(b) The State Government may, by notification in the Tamil Nadu Government Gazette, extend this Act with effect from such date as may be specified in the notification to,-
(i) any other municipal town;
(ii) any other township; or
(iii) any specified village within eight kilometres of the City of Madras, or of the townships referred to in sub-clause (ii) of clause (a), or of such other municipal town referred to in sub-clause (i) or township referred to in sub-clause (ii).";
(ii) in sub-section (3),-
(a) for the portion beginning with the words "This Act shall apply" and ending with the words "such town or village the following shall be substituted, namely:-
"This Act shall apply,-
(a) in the areas in which this Act is in force on the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, only to tenancies of and created before the date; and
(b) in any other area, only to tenancies of land created before the date with effect from which this Act is extended to such area by notification under clause (b) of sub-section (2).",
(b) in the first proviso, after clause (b), the following clause shall be inserted, namely:-
"(bb) in any township, by the township committee concerned;";
(iii) in sub-section (4), for the words "town or village", the words "town, township or village" shall be substituted.
4. Amendment of section 2, Tamil Nadu Act III of 1922.- In section 2 of the principal Act,-
(i) in clause (1), in sub-clause (i), for the portion beginning with the words "or such other municipal town" and ending with the words "town aforesaid", the following shall be substituted, namely:-
"in the townships of Kodaikanal, Avadi, Kathi-wakkam, Ambattur, Madhavaram, Bhavanisagar, Curttallam and Mettur, or in such other municipal town or township as the Government may, by notification, specify, and in any village within eight kilometres of the City of Madras or of the municipal towns or town or township aforesaid;"
(ii) after clause (3), the following clause shall be inserted, namely:-
"(3-A) ‘municipal town’ includes the City of Madurai;";
(iii) after clause (4), for the following clause shall be added, namely:-
"(5) ‘township’ means a township constituted under the Mettur Township Act, 1940 (Tamil Nadu XI of 1940), the Courtallam Township Act, 1954 (Tamil Nadu Act XVI of 1954), the Bhavanisagar Township Act, 1954 (Tamil Nadu Act XXV of 1954), or section 4 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), or any other township constituted under any other law for the time being in force.".
5. Amendment of section 9, Tamil Nadu Act III of 1922.- In item (i) of clause (a) of sub-section (1) of section 9 of the principal Act, for the expression "within one month of the date of the Madras City Tenants' Protection (Amendment) Act, 1955, coming into force or of the date with effect from which this Act is extended to the municipal town or village in which the land is situate", the following shall be substituted, namely:-
"within one month of the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette or of the date with effect from which this Act is extended to the municipal town, township or village in which the land is sitaute".
6. Amendment section 10, Tamil Nadu Act III of 1922.- In section 10 of the principal Act,-
(i) in sub-section (1), for the expression "in the City of Madras, before the commencement of the Madras City Tenants' Protection (Amendment) Act, 1955, and in any municipal town or village, before the date with effect from which this Act is extended to such town or village", the following shall be substituted, namely:-
"in the area in which this Act is in force on the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, before the said date, and in any other area, before the date with effect from which this Act is extended to such area";
(ii) in sub-section (3), for the ??? "at the commencement of the Madras City Tenants' Protection (Amendment) Act, 1955" the ??? on the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette" shall be substituted.
7. Amendment section 11, Tamil Nadu Act III of 1922.- In section 11 of the principal Act,
(i) for the words "municipal ??? village", the words "municipal ??? village" shall be substituted;
(ii) for the word ??? words "municipality or township" shall be substituted.
8. Amendment section 13, Tamil Nadu Act III of 1922.- In section 13 of the Principal Act, for the words "municipal town or village", the words "municipal town, township or village" shall be substituted.
9. Savings.- Anything done or ??? proceeding ??? given decree or order passed and ??? liability incurred) under the ??? Act on ??? the 9th January, 1974 ??? the publication of this Act ??? Gazette, on the footing ??? force at the relevant time in the ??? Avadi, Kathiuakkam ??? Courtaliam and ??? have been done or taken under the provisions of the principal Act, as amended by this Act, as if this Act had been in force at the relevant time.
10. Certain pending proceedings to abate.- Every proceeding instituted by a landlord in respect of any residential or non-residential building or part thereof situated in the townships of Kodaikanal. Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur and pending before any Court or other authority or officer on the date of the publication of this Act in the Tamil Nadu Government Gazette, shall, in so far as the proceeding relates to any matter falling within the scope of the principal Act, as amended by this Act, in respect of such building or part, abate, and all rights and privileges which may have accrued to that landlord in respect of any such building or part and subsisting immediately before the said date shall, in so far as such rights and privilege relate to any matter falling within the scope of the principal Act, as amended by this Act cease and determine and shall not be enforceable:
Provided that nothing contained in this section shall be deemed to invalidate any suit or proceeding in which the decree or order passed has been executed or satisfied in full before the said date.