Pondicherry act 009 of 1971 : The PUDUCHERRY CULTIVATING TENANTS PROTECTION ACT, 1970

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THE PUDUCHERRY CULTIVATING TENANTS

PROTECTION ACT, 1970

(No. 9 of 1971) ________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement.

2. Definitions. 2A. Act not to apply in certain cases.

3. Landlords not to evict cultivating tenants.

4. Rights to restoration of possession.

5. Right of certain landlord to resume land for personal cultivation.

6. Special privileges for members of the Armed Forces.

7. Execution of lease.

8. Bar of jurisdiction of Civil Courts.

9. Transfer of certain suits to the Revenue Courts by Civil Courts.

10. Revision by the High Court.

11. Transfer of application or other proceeding by High Court.

12. Surrenders.

13. Abandonment by cultivating tenant.

14. landlord to take possession in specified cases.

15. Penalty.

16. Power to make rules.

17. Repeal and savings. ________

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THE PUDUCHERRY CULTIVATING TENANTS

PROTECTION ACT, 1970

(Act No. 9 of 1971) 30th March, 1971.

AN ACT

for the protection from eviction of cultivating tenants and matters incidental thereto in certain areas in the Union territory of Puducherry. BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first Year of the Republic of India as follows:

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Cultivating Tenants Protection Act, 1970.

(2) It extends to the regions known as Puducherry, Karaikal and Yanam in the Union territory of Puducherry.

(3) It shall come into force on such¹date as the Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act or for different areas and any reference in any such provision to the commencement of this Act shall be construed, in relation to any area, as a reference to the coming into force of that provision in such area.

Definitions.

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

(a) "cultivating tenant" means a person who contributes his own physical labour or that of any member of his family in the cultivation of any land belonging to another, under an agreement express or implied on condition of paying rent therefor in cash or in kind or delivering or receiving a share of the produce and includes --

(i) any such person who continues in possession of the land after the determination of the agreement;

(ii) the heir of such person, if the heir contributes his own physical labour or that of any member of his family in the cultivation of such land;

(iii) a sub-tenant if he contributes his own physical labour or that of any member of his family in the cultivation of such land; ______________________________________________________________________________

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(iv) any such sub-tenant who continues in possession of the land notwithstanding that the person who sublet the land to such sub-tenant ceases to have the right to possession of such land; and

(v) a person who cultivates the land on payment of waram; but does not include a mere intermediary or his heir;

(b) "cultivation" means the use of lands for the purpose of agriculture or horticulture and a person is said to carry on personal cultivation on a land when he contributes his own physical labour or that of the members of his family in the cultivation of that land;

(c) "garden land" means dry land irrigated by lifting water from wells or other sources;

(d) "Government" means the Administrator appointed by the President under article 239 of the Constitution;

(e) "holding" means a parcel or parcels of land held by a cultivating tenant;

(f) "land" means land used for the purpose of agriculture or horticulture and includes any building, or any waste, vacant or forest land, appurtenant thereto, and any house-site belonging to the landlord and let to the cultivating tenant under the same agreement of tenancy;

1 [(g) landlord" in relation to a holding or part thereof means the person entitled to receive the rent due in respect of such holding or part;]

(h) "prescribed" means prescribed by rules made under this Act;

(i) "Revenue Court" means the Revenue Court constituted by notification in the Official Gazette by the Government; and

(j) "Wet land" means land registered as such in the revenue accounts.

Explanation. --- One hectare of wet land shall be deemed to be equivalent to one and a half hectares of garden land or three hectares of dry land and any reference to hectares of wet land shall be deemed to include a reference to dry or garden land reduced to their equivalent extent of wet land. _______________________________________________________________________

1. Substituted by Act 9 of 1972, section 2, with effect from 10-4-1971. __________________________________________________________________________________________________________

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1 [Act not to apply in certain cases.

2-A. Nothing in this act shall apply, to ---

(i) leases or tenancies of lands belonging to or vested in the Government of the Union territory of Puducherry, the Central Government, a State Government, a local authority, or a corporation owned or controlled by any of the said Governments, or authority; or

(ii) leases or tenancies of lands created by the Administrator General or the Official Trustee or an Official Receiver or officer appointed by a Court under the provisions of any law, or by any person holding under or deriving title from any of the Officers aforesaid.]

Landlords not to evict cultivating tenants.

3. (1) Notwithstanding anything to the contrary in any law, custom, usage or contract or any decree or order of court, no cultivating tenant shall be evicted from his holding or any part thereof, by or at the instance of his landlord except as provided in this section.

(2) Subject to the next succeeding sub-section, sub-section (1) shall not apply to a cultivating tenant ---

(a) who, in the areas where the Karaikal Tenants Protection Order, 1960 was in force immediately before the commencement of this Act, if in arrear at such commencement with respect to the rent payable to the landlord does not pay such within such time as may be prescribed or who in respect of rent payable to the landlord after the commencement of this Act, does not pay such rent within a month, after such rent becomes due; or

(b) who, in the other areas, if in arrear at the commencement of this act, with respect to the rent payable to the landlord and accrued due subsequent to 31st March, 1970, does not pay such rent within such time as may be prescribed, or who in respect of rent payable to the landlord after the commencement of this Act, does not pay such rent within a month after such rent becomes due; or

(c) who has done any act or has been guilty of any negligence which is destructive of, or injurious to, the land or any crop thereon or has altogether ceased to cultivate the land; or who has used the land or any purpose not being an agricultural or horticultural purpose; or

(d) who has wilfully denied the title of the landlord to the land; ______________________________________________________________________________

1. Inserted by Act 9 of 1972, section 3, with effect from 10-4-1971.

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Explanation. --- A denial of the landlord's title under a bona fide mistake of fact is not wilful within the meaning of this clause.

(3) (a) A cultivating tenant may deposit in Court the rent or, if the rent be payable in kind, its market value on the date of deposit, to the account of the landlord:-

(i) in the case of rent accrued due subsequent to the 31st March, 1970 within such time as may be prescribed;

(ii) in the case of rent accrued due after the commencement of this Act, within a month after the date on which the rent accrued due.

(b) (i) The court shall cause notice of the deposit to be issued to the landlord and determine, after a summary inquiry, whether the amount deposited represent the correct amount of rent due from the cultivating tenant and if the Court finds that any further sum is due, it shall allow the cultivating tenants such time as it may consider just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant, for depositing such further sum inclusive of such costs as the court may allow.

(ii) If the Court adjudges that no further sum is due, or if the cultivating tenant deposits within the time allowed such further sum as is ordered by the Court, the cultivating tenant shall be deemed to have paid the rent within the period specified in the last foregoing sub-section.

(iii) If, having been ordered to deposit a further sum, the cultivating tenant fails to do so within the time so allowed by the Court, the landlord may evict the cultivating tenant as provided in sub-section (4).

Explanation. --- The expression "Court" in this sub-section means the Court which passed the decree or order for eviction or where there is no such decree or order, the Revenue Court.

(4) (a) Every landlord seeking to evict a cultivating tenant falling under sub- section (2), shall, whether or not there is an order or decree of a Court for the eviction of such cultivating tenant, make an application to the Revenue Court and such application shall bear a court-fee stamp of one rupee.

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(b) (i) On receipt of such application, the Revenue Court shall, after giving a reasonable opportunity to the landlord and the cultivating tenant to make their representations, hold a summary inquiry into the matter and pass an order either allowing the application or dismissing it and in a case falling under clause (a) or (b) of sub-section (2) in which the tenant had not availed of the provisions contained in sub-section (3), the Revenue Court may allow the cultivating tenant such time as he considers just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing the arrears of rent payable under this Act inclusive of such costs as he may direct.

(ii) If the cultivating tenant deposits the sum as directed he shall be deemed to have paid the rent under clause (b) of sub-section (3) and if the cultivating tenant fails to deposit the sum as directed, the Revenue Court shall pass an order for eviction.

Right to restoration of possession.

4. (1) Every cultivating tenant who was in possession of any land on the 1st December, 1969 and who is not in possession thereof at the commencement of this Act shall, on application to the Revenue Court, be entitled to be restored to such possession on the same terms as those applicable to the possession of the land on the 1st December, 1969.

(2) Nothing in sub-section (1) shall be deemed to entitle any such cultivating tenant to restoration of possession:-

(i) If, at the commencement of this Act, he is in possession, either as owner or as tenant or as both, of land exceeding the extent specified in the Explanation below or if he has been assessed to any sales tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1967-68 or 1968- 69; or

(ii) If the landlord, after evicting such cultivating tenant from the land has been carrying on personal cultivation on the land provided as follows: --

(a) the total extent of land held by such landlord inclusive of the land, if any, held by him as a tenant does not exceed the extent specified in the Explanation below; and

(b) the landlord has not been assessed to any sales tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1967- 68 or 1968-69; or

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(iii) If subsequent to the 1st December, 1969 the landlord has bona fide admitted some other cultivating tenant to the possession of the land and such other tenant has cultivated the land before the commencement of this Act:

Provided that where such other tenant is in possession, either as owner or as tenant or as both of any other land which exceeds the extent specified in the Explanation below and the cultivating tenant who was evicted is not in possession of any land or is in possession of any other land which is less than the extent specified in the said Explanation, the cultivating tenant shall be entitled to restoration of possession.

Explanation. -- The extent referred to in clause (i) to (iii) above is 2 2/3 hectares of wet land.

(3) Every application to the Revenue Court under sub-section (1), shall be made within such time as may be prescribed and shall bear a court- fee stamp of one rupee:

Provided that the application may be received after the prescribed period, if the applicant satisfies the Revenue Court that he had sufficient cause for not making the application within that period.

(4) On receipt of an application under sub-section (3), the Revenue Court shall, after giving a reasonable opportunity to the landlord and the cultivating tenant, if any, in possession of the land, to make their representations, hold a summary inquiry into the matter and pass an order either allowing the application or dismissing it and in passing an order allowing the application, the Revenue Court may impose such conditions as it may consider just and equitable including conditions in regard to:-

(i) the payment by the applicant of any arrear of rent already due from him to the landlord, but not exceeding one year's rent, and

(ii) the reimbursement by the applicant of the landlord or the other cultivating tenant in respect of the expenses incurred or the labour done by him during the period when the applicant was not in possession, on any crop which has not been harvested, if an agreement is not reached between the parties as regards the rates and manner of such reimbursement.

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Explanation. - In lieu of imposing any condition in relation to reimbursement as provided in clause (ii), the Revenue Court may, in its discretion, postpone the restoration of the applicant to possession of the land, until any crop which is being grown thereon at the time when the order is passed, has been harvested.

(5) Any cultivating tenant who after the commencement of this Act has been evicted except under the provisions of sub-section (4) of section 3 shall be entitled to apply to the Revenue Court within two months from the date of such eviction for the restoration to him of the possession of the lands from which he was evicted and to hold them with all the rights and subject to all the liabilities of a cultivating tenant and the provisions of sub-section (4) shall, so far as may be, apply to such an application:

*[provided that the Revenue Court may, if satisfied that the applicant had sufficient cause for not making the application within the said period of two months, consider the application even after expiry of such period].

5. **[Omitted]

Special privileges for members of the Armed Forces.

6. (1) A cultivating tenant who is enrolled as a member of the Armed Forces, may, on or after such enrolment, sublet the lands held by him as a cultivating tenant.

(2) A cultivating tenant who is enrolled as a member of the Armed Forces, on discharge or retirement from service or on being sent to Reserve, shall, on application for resumption made within the prescribed period to the Revenue Court, be entitled to resume possession of the land sublet by him under sub-section

(1).

(3) A landlord who is enrolled as a member of the Armed Forces shall, on discharge or retirement from service or on being sent to Reserve, be entitled to resume from any cultivating tenant possession of land which he had leased out on or after such enrolment for purposes of personal cultivation. ________________________________________________________________________ * Inserted vide Act No.6 of 1982 w.e.f 31-5-1982

** Omitted vide Act No.6 of 1982 w.e.f 31-5-1982

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*[(4)(a) Any Person desiring to resume any land under sub-section (2) or, as the case may be, under sub-section (3) (hereafter in this sub-section referred to as the applicant) shall apply to the Revenue Court and on receipt of such application, the Revenue Court shall, after giving a reasonable opportunity to the applicant and the person in possession of the land (hereafter in this sub-section referred to as the possessor) to make their representations, hold a summary inquiry into the matter and pass an order either directing the possessor to put the applicant in possession of the land or dismissing the application.

(b) Where a Revenue Court passes an order under clause (a) directing the possessor to put the applicant in possession of the land, the Revenue Court may impose such conditions as it may consider just and equitable including conditions in regard to the reimbursement, by the applicant, to the possessor in respect of the expenses incurred by the possessor or the labour contributed by him on any crop which has not been harvested, if an agreement is not reached between the parties as regards the rates and manner of such reimbursement:

Provided that in lieu of imposing any condition relating to reimbursement under this clause, the Revenue Court may, in its discretion, postpone the restoration of the applicant to possession of the land, until any crop which is being grown thereon at the time when the order is passed, has been harvested].

(5) Where a member of the Armed Forces dies while in service, the special privileges conferred by this section on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death.

(6) The Provisions of this section shall have effect notwithstanding anything inconsistent therewith contained in any other provision of this Act or of any other Act **[Omitted].

________________________________________________________________________ * Substituted vide Act No.6 of 1982 w.e.f 31-5-1982

**Omitted vide Act No.6 of 1982 w.e.f 31-5-1982

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(7) If a question arises whether any person is a member of the Armed Forces or not such question shall be decided by the Government and the decision of the Government thereon shall be final.

Explanation. --- For the purposes of this Act,:-

(a) a "member of the Armed Forces" means ---

(i) a person in the service of the Air Force, Army or Navy of the union of India and includes a seaman;

(ii) a member of the Armed Forces who has been discharged or retired from service or who has been sent to Reserve is said to carry on personal cultivation on a land when he contributes his own physical labour or that of the members of his family in the cultivation of that land; and

(b) a member of the Armed Forces in services shall be deemed to carry on personal cultivation on a land if such land is cultivated by the members of his family or by his own servants or by hired labour, with his own or hired stock.

Execution of lease.

7. (1) In the case of every tenancy agreement entered into after the coming into force of this Act between a cultivating tenant and a landlord, a lease deed shall be executed in triplicate in the prescribed form, within a reasonable time after the commencement of such tenancy, specifying the name and description of the cultivating tenant, the name (if any), survey number, description and extent of the land leased out, and the terms of the tenancy; and shall be signed both by the landlord or his agent and by the cultivating tenant. One of the three copies shall be kept by the landlord, one shall be kept by the cultivating tenant and the third shall be caused to be lodged in the Taluk Office or Sub-Taluk Office, as the case may be, by the landlord or his agent within a fortnight of the date on which the cultivating tenant signs it:

Provided that if the landlord or the cultivating tenant refuses or delays unreasonably to execute the lease deed, it shall be open to the cultivating tenant or the landlord, as the case may be, to lodge the deed in the Taluk Office or the Sub- Taluk Office, as the case may be, with a declaration that the other party has refused or delayed unreasonably to execute it.

(2) No stamp need be affixed to the lease deed.

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(3) In the case of any tenancy, if the landlord or his agent or the cultivating tenant refuses to sign or fails to lodge the lease deed in accordance with the provisions of sub-section (1), the Revenue Court may impose on the landlord or the cultivating tenant, as the case may be, a penalty which may extend to fifty rupees; and any penalty so imposed may be recovered as it were an arrear of land revenue.

Bar of jurisdiction of Civil Courts

8. No Civil Court shall, except to the extent specified in sub-section (3) of section 3, have jurisdiction in respect of any matter which the Revenue Court is empowered by or under this Act to determine and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Transfer of certain suits to the Revenue Court by Civil Courts.

9. If in any suit before any court for possession of or injunction in relation to any land, it is proved by affidavit or otherwise that the defendant is a cultivating tenant entitled to the benefits of this Act, the Court shall not proceed with the trial of the suit but shall transfer it to the Revenue Court which shall thereupon deal with and dispose of it as though it were an application under this Act and all the provisions of this Act shall apply to such an application and the applicant.

Revision by the High Court

10. The Revenue Court shall be deemed to be a Court subordinate to the High Court for the purposes of section 115 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), and its orders shall be liable to revision by the High Court under the provisions of that section.

Transfer of application or other proceeding by High Court

11. (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, of its own motion without such notice, the High Court may, at any stage, transfer any application or other proceedings under this Act pending before any Revenue court for disposal to any other Revenue Court.

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(2) Where any application or other proceeding has been transferred under sub- section (1), the Revenue Court which thereafter holds the enquiry may, subject to any special directions in the case of an order of transfer, either hold the inquiry de novo or proceed from the point at which the said application or other proceedings stood when it was transferred.

Surrenders

12. (1) No surrender of land made by a cultivating tenant after the commencement of this Act shall be valid unless it is made in such manner as may be prescribed.

(2) Where a surrender of land is made under sub-section (1) the rights of the cultivating tenant shall vest in the Government and the Government may assume the management of the land or settle another cultivating tenant thereon.

(3) Where the management of the land is assumed under sub-section (2) the Government shall be liable to pay to the landlord fair rent payable under the Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 1970 and the liability of the cultivating tenant who has surrendered his holding to pay the rent to the landlord in respect of that land shall cease from the date¹[on which the management of the land is assumed by the Government].

Provided that nothing contained in this sub-section shall affect the liability of such tenant to pay rent in respect of any period before such date.

(4) Where in pursuance of surrender under sub-section (1), another cultivating tenant has been settled by the Government,¹[the cultivating tenant so settled by the Government shall] with effect on and from the date on which he was so settled, pay to the landlord fair rent as payable under the Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 1970.

Abandonment by cultivating tenant.

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(3) The Government shall pay to the landlord fair rent payable under the Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 1970, for the land possessed by that Government under sub-section (2) from the date on which the Government takes possession of such land.

(4) The Government may settle any other cultivating tenant on any land possession of which has been taken under sub-section (2).

(5) The cultivating tenant settled under sub-section (4) shall pay the fair rent as payable under the Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 1970, directly to the landlord and the Government's liability under sub-section (3) with regard to the payment of fair rent for such land shall, on and from the date on which the cultivating tenant has been settled on the land, cease.

Landlord to take possession in specified cases.

14. No landlord shall obtain possession of any land held by a cultivating tenant at the commencement of this Act, except where such tenant is evicted under section 3 or where the land is surrendered or abandoned by a cultivating tenant under section 12 or section 13, as the case may be.

Penalty.

15. Whoever contravenes the provisions of section 13 shall, on conviction, be punishable with fine which may extend to two hundred and fifty rupees and the possession of the land shall be restored to the cultivating tenant.

Power to make rules.

16. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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Repeal and saving

17. (1) As from the commencement of this Act, the Karaikal Tenants Protection Order, 1960 (hereinafter referred to as the said order), is hereby repealed.

(2) Nothing in sub-section (1) shall affect ---

(a) the previous operation of the said order or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said order; or

(c) any penalty, incurred in respect of any offence committed against the said order; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, may be imposed as if this Act had not been passed.

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STATEMENT OF OBJECTS AND REASONS FOR ACT 9 of 1971

In Mahe, a comprehensive Land Reforms Act is in force. The Government intend bringing a comprehensive measure for tenancy reforms in the remaining areas. Pending introduction of a comprehensive bill, it is necessary to prevent eviction of Cultivating tenants from their holdings so as to give them a fixity of tenure. In Karaikal region, the Karaikal Tenants Protection Order, 1960 is in force. But there is no such enactment with regard to Puducherry and Yanam regions. It has been decided to extend the Protection to Cultivating tenants in these two regions by enacting a legislation broadly on the model of the Tamil Nadu Cultivating Tenants Protection Act, 1955. The bill is intended for Puducherry, Karaikal and Yanam regions.

The present Bill seeks to achieve the above objects.

STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1982

The Puducherry Cultivating Tenants Protection Act, 1970 was framed on the model of the Tamil Nadu Cultivating Tenants Protection Act, 1955. As per section 4- A of the Tamil Nadu Act (section 5 of our Act) a landlord is permitted to resume one-half of the land leased out for the purpose of personal cultivation. Following a decision of the Madras High Court a situation had arisen in Tamil Nadu in which a landlord can resume possession of one-half of the land under section 4-A of the Tamil Nadu Act irrespective of any disqualification imposed in other sub-sections. Consequently the revenue courts had allowed a large scale resumption of land. In order to stop this, the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1976 (Act XVIII of 1976) has been enhanced taking away the right of resumption from the landlords in any circumstances.

Though the number of cases in which lands have been resumed by landlords for personal cultivation may not be high in this Union territory, it is considered it will be fit and proper to disallow the entitlement of landlords to resume one-half of the land leased out for the purpose of personal cultivation in this Union territory on par with Tamil Nadu.

The Bill seeks to achieve the above objects.

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