Tamil Nadu act 041 of 1985 : Tamil Nadu Cultivating Tenants (Special Provisions) Amendment Act, 1985

Department
  • Department of Revenue and Disaster Management Department, Government of Tamil Nadu

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1985

Act 41 of 1985 Keyword(s):

Evicted Cultivating Tenants

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(I).~$RNA~E~~T OF T.4HiI NdDD 1985 - - -. - - - -. . - Til\l\,AIL NADU

E":IT:?,AOKDINARY PUBLISHED BY AUTHORITY

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No. 3261 MADRAS, MONDAY* AUGUST 26, 1985 AAVANI 10, KUROTHANA, THIRUVALLUVAR AANDU-2016 Part IV-Section 2

N ~ u Acts and &dimmas '

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The following Act of the Tamil Nadu Legislature received the

assent of the President on tha 2lst August 1985 and his hereby publisl~cd for gcrleral information :-

ACT No. 41 OF 1985 An Xct to ~ n z e ~ z d the Tamil Nadu Ctrltivating Tenanjs C (Spccial Provisions) Act, 1984.

BE it enacted by the Legislature of the State of Tamil Nadu in the

Thirty-sixth Ywr of the Republic of India as fdflows:-

1. Short title arzd commencement.-(1) This Act may 6~ cala the

Tamil Nadu Cultivating Tenants (Special Provisions) Amendmen* .4ct, 19851

(2) The provisiot~s of this Act, except sadions 4 and 5, shall bb

deemed to have come into force on the 1st July 1984.

12. Ilccloi.aiior~.-lt is hcreby declared that this Act is for giving

tffcct to the policy of the State towards securing the principles laid

down in clanhc (c) of Article 39 of the Constitution.

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e first instalment, on 'or before the 15th Nove~nber 1985; )I -the third instalment, on or before tht: 15th November 1986;

'the fourth instalment, oa o'r before the 31st March 1987. ".

anding anything contaked in the principal Act,- where. a.decree has been passed on or after the 1st July

before the date of the publication of this Act in the Tamil

vernment Gazette, on the grou'nd that the cultivating tenant ;fa!iled. to pay the ,first, second and third instalments of the arrears

rmb referred to ~II silb-section (1) of section 5 of the principal Act, or:,before the 30t.h June 1984, 31st D'ecember 1384 and 30th June rapectively, such decree shall not be executed, unless such culti-

g tenant fails to make the paymert of the said instalmen& on r before the 15th November 1985, 31st march 1986 and 15th Novern- 1986, respectively ;

(b) where anh suit ha,s been filed on. or after the 1st July 84 and panding on the date of the publication of this Act in the

il N d u Governmerzt Gazette, fo~r the recovery of the first, second instalments a€ the arrears of rent refeired to in claust: (=), shall pass a decree for the payment of such instalments as

become payable under the provisions of sub-section ( I ) of on 5 of the principal Act, as amended by this Act. 5. Right to restoration of possession qf eviczeci cultib,ating pmviwms d tht prin=ipd Act as amended by :his -Act, every cul6- ~ * x m ,7&3 kpm S'i %:-I - " - . - - - - - - - - . ..- L.=: t - 2 r - 1 - 2 L , q . f* 1981, but M M ~ t?e &.k of rhe pubEa+>n $1.: tria -Act

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1985, tlic f i r . . , i , secoild and third instalments respectively, of the ar 01 rent rclcrred to in sub-section (1) of section 5 of the principal' shall, on application to s he competent authority, within such periQ

may bc prescribeti, be entitled to be restored to po~seSsion of su~h

land a~ic! to iloltl i t with all the rights and subject to all the liabilities of a cultivatirlg tenant under the Tcnants Protection Act or, under th8

Public Trusts Act, as the case may be.

(2) Tlie provision:, of sub-section (4) of section 4 of the T e W

Protcctior~ 4 c t or, a5 the case may be, sub-section (2) of sectiorr 20 d

t11c Public -1 rusts Act shall, so far as may be, apply to appl'icarjm

under sub-section ( 1 ) .

(By order of the Govt:rnor.)

S. TrADIVbJX, 4

9lomnzissioner. auld Secretary to Government, Law Department.

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