Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-Enacting Act, 1975*
| [Tamil Nadu Act No. 23 of 1975]* | [10th July, 1975] |
An Act to re-enact the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 9th April, 1975, Part IV-Section 1, Pages 109-110.
* Received the assent of the President on the 3rd July, 1975, first published in the Tamil Nadu Government Gazette Extraordinary on the 10th July, 1975 (Ani 26, Iratchasa, (2006-Tiruvalluvar Aandu))
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975.
(2) It shall be deemed to have come into force on the 29th day of November, 1973.
2. Re-enactment of Tamil Nadu Act 38 of 1961.- The Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Tamil Nadu Act 38 of 1961), as amended from time to time and in force on the 28th November, 1973 (hereinafter referred to as the said Act), is hereby re-enacted permanently subject to the modification that,-
(1) in section 1,-
(a) for the heading, the heading "Short title and extent" shall be substituted;
(b) sub-section (3) shall be omitted.
(2) in section 4, after sub-section (2), the following sub-section shall be added, namely:-
"(3) If any person who was occupying any Kudiyiruppu on the 28th November, 1973 has been evicted from such kudiyiruppu after such date, but before the date of the publication of the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975, in the Tamil Nadu Government Gazette, he may, within a period of six months after the date of such publication, apply to the authorized officer within whose jurisdiction the kudiyiruppu is situated in such form as may be prescribed for restoration to him of the possession of the kudiyiruppu from which he was evicted, and to occupy it subject to the same terms and conditions, as far as may be, as were applicable to him on the 28th November, 1973."
3. Savings.- Anything done or any action taken (including any rule or order made, notification issued, decision or direction given, proceeding taken and liability or penalty incurred and punishment awarded or rights enjoyed) under the provisions of the said Act-
(a) as in force immediately before its expiry; or
(b) on or after the 29th November, 1973, and before the date of the publication of this Act in the Tamil Nadu Government Gazette, on the footing that the said Act was in force at the relevant time,
shall be deemed to have been done or taken under the corresponding provisions of the said Act as hereby re-enacted:
Provided that nothing contained in this section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him contrary to the provisions of the said Act on or after the 29th day of November, 1973, and before the date of the publication of this Act in the Tamil Nadu Government Gazette.
4. Act not to affect the operation of Tamil Nadu Act 40 of 1971.- Nothing in this Act or in the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Tamil Nadu Act 38 of 1961) as re-enacted by this Act, shall be deemed to affect the operation of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (Tamil Nadu Act 40 of 1971).