Tamil nadu act 020 of 1997 : Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1997

Section 1. Short title, application, commencement and duration

1. Short title, application, commencement and duration.- (1) This Act may be called the Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1997.

(2) It applies to all cultivating tenants in the drought affected areas and flood affected areas.

(3) It shall be deemed to have come into force on the fist day of July, 1996 and shall remain in force upto and inclusive of the 30th day of June, 1999.

(4) Upon the expiry of this Act, the provisions of section 8 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act ??? of 1891) shall apply as if this Act had then been repealed by a Tamil Nadu Act.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires-

(a) "Cultivating tenant" means-

(i) a cultivating tenant as defined in clause (aa) of section 2 of the Tenants Protection Act; or

(ii) a cultivating tenant as defined in clause (5) of section 2 of the Public Trusts Act:

(b) "drought affected areas" means the areas specified in Schedule I in this Act:

(c) "flood affected areas" means the areas specified in Schedule-II to this Act:

(d) "Public Trust Act" means the Tamil Nadu Public Trust (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act ??? of 1961):

(e) "Tenants Protection Act" means the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955);

(f) words and expression used and not defined in this Act but defined in the Public Trust Act shall have the meanings respectively assgined to them in the Tenants Protection Act or in the Public Trust Act, as the case may be.

Section 3. Cultivating tenant not to be evicted on the ground that the cultivating tenant is in arrear

3. Cultivating tenant not to be evicted on the ground that the cultivating tenant is in arrear.- During continuance of tips Act,-

(i) no application under the Tenants Protection Act or under Chaffer II of tea Public Trusts Act shall be made by or at the instance of a land lord or a public trust, for the eviction of a cultivating tenant from his holding or any part thereof on the ground that the cultivating tenant arrear with respect to the rent payable to the landlord or to the public trust, as the case may be.

(ii) no cultivating tenant shall be evicted from his holding or any part thereof by or at the instance of the landlord or the public trust concerned whether in execution of a decree or order of a Court or otherwise on the ground that the cultivating tenant is in arrear with respect to the rent payable to the landlord or to the public trust as the case, may be.

Explanation.-For, the purpose of this, section and section 4 and 7 "rent" means the total amount of arrears of rent accrued due to the landlord on or before the 30th day of June, 1996 and outstanding this Act or rent payable for the fasli year ending with the 30th day of June, 1997 or both.

Section 4. Stay of applications and suits for eviction of a cultivating tenant

4. Stay of applications and suits for eviction of a cultivating tenant.- (a) All applications under the Tenants Protection Act or under Chapter III of the Public Trust Act; and

(b) all suits proceedings in execution of decrees or orders and other proceedings for the eviction of a cultivating tenant on the ground that he is in arrear with respect to the rent payable to the landlord or to the public gust, as the case may be and pending before a Revenue Divisional Officer, an authorised officer, a court or other authority as the case may be shall stand stayed.

Section 5. Excluation of time for limitation

5. Excluation of time for limitation.- In computing the period of limitation of limit of time prescribed for a suit or an application for the eviction of a cultivating tenant or an application for the execution of a decree or order for such eviction the time during which he was protected by sections 3 and 4 from eviction shall be excluded.

Explanation.-A decree, or order shall be deemed to be decree or order for the eviction of cultivating tenant notwithstanding that any other relief is also granted by such decree or order.

Section 6. Continence of application and suit and proceedings after the expiration of the Act

6. Continence of application and suit and proceedings after the expiration of the Act.- All application for the eviction of a cultivating tenant under, the Tenants Protection Act or under Chapter III of the Public Trusts Act, as the case may be, and all suits and proceedings, stayed under this Act shall after the expiration of this Act be proceeded with subject to the provisions of any law which may then be in force from the stage which had been, reached where the application, suit or other proceedings was stayed.

Section 7. Right to restoration of possession of evicted cultivating tenant

7. Right to restoration of possession of evicted cultivating tenant.- (1) Any cultivating tenant who had been evicted from any land on or the 1st day of July, 1996 but before the date of the publication of this Act after in the Tamil Nadu Government Gazette, on the ground that such cultivating tenant was in arrear with respect to the rent payable, to the landlord or the public trust as the case may be shall on application, to the Revenue Disional Officer or the authorised Officer as the case may within a period of three months after the date of such publication 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 Tenant Protection Act or under the Public Trusts Act, as the case may be:

Provided that the application may be received after the period of three months aforesaid but before the expiry of this Act, if the applicant satisfies the Revenue Divisional Officer or the authorised Officer, as the case may be that the had sufficient cause for not making the application within the said period of three months.

(2) The Provisions of sub-section (4) of section 4 of the Tenants Protection Act or as the case maybe, sub-section (2) of section 20 of the Public Trusts Act shall so far as maybe, apply to an application under, sub-section (1).

Section 8. Act to override other laws, contract, etc.

8. Act to override other laws, contract, etc.- The provisions of this Act shall have effect not withstanding anything inconsistent therewith contain in the Tenants Protection Act, the Public Trusts Act, the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief Act, 1980) (Tamil Nadu Act 15 of 1980) the Tamil Nadu cyclone and Flood Affected Areas Cultivating Tenants Arrears of Rent (Relief Act, 1980 (Tamil Nadu Act 16 of 1980) the Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1984 (Tamil Nadu Act 29 of 1984), the Tamil Nadu Cyclone and Flood Affected Areas Cultivating Tenants (Special Provisions Act, 1986 (Tamil Nadu Act 60 of 1986) the Tamil Nadu Cultivating Tenants Alters of Rent (Relief Act, 1990 (Tamil Nadu Act 28 of 1990) the Code of Civil Procedure 1908 (Central Act V of 1908) or in any other law for the time being in force or any custom usage or contract or decree or order of a court or other authority.

Section 9. Power to amend Schedules

9. Power to amend Schedules.- The State Government may by notification from time to time include ??? any drought affected area or flood affecte area in Schedule I or Scheduled II, as the case may be to this Act.