Tamil Nadu act 003 of 1922 : The Madras City Tenants Protection Act, 1921

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Madras City Tenants Protection Act, 1921

Act 3 of 1922

Keyword(s):

Land, Landlord, Tenant, Class of Tenant

Amendments appended: 13 of 1960, 16 of 1964, 37 of 1965, 4 of 1972, 2 of 1980, 2 of 1996

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2 Ci ty Tefimts' Protection f1922 : T.N. Act IlI &c- \ . . dbc , h - 1p- I S

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'[TAMIL NADU'J ACT So. 111 OF 1922 a. (Receiver! the assettt of the Governor on the 3rd Ju~zucrry 1922 aitd fFlrt of flze Governor-General on the 8th Febrcmr, 1922 ; the assntt of the Gnverrior-Genercrl lvcrs first plrblislaetl irr the Fort St. Grorge Gc~zc!tc of the 21st Fchrrmrj, 1922.) tection to certain classes of tenants sknd adjoining areas in !Be '[State

1 These wolds !vote substituted for rhe \cord .'Madras*' by the

Tamil Nadu Adaptation of Laws Order. 1969, as amended by the 'Tamil Nadu Adaptation of Laws (Second Amendmert) Order, 1969, whicncan~ein t~ forceon the 1-lth January 1969.

2 ForSt,~tement or Objcclsnnd Reasons,see Fort 9.Gcorge Gazette,

dated t h ~ 26th July 1921, Pope 1491 ; for Report of the Select Committee. y e ibid, daJed the 16thAug~st 1921, pages 1493-1499 ;for

proceedings 111 C""oc11, scf Proierd~ngr of the Madras I,cgislativr ~oc,stcrl, \'~dnrne . L , pages 2 3 - 3 5 and Velume 111, pages 962-1005, 1377 ana 1.136-1457.

So ~ ~ l t ~ c l l of tnis Act ns was irl force oli \;,c i.,c conilnence- nlent of tile 'l'amil N;tdu (Athied Tenitor ies) Extension of ~ a w s ~ c t ,

1962 (Tamil v:rt!u Act 14 01' :962) i n the Si.ite of hliidras cxcept i n lllZ added tcrrllol leS WilS c~lcl:tlcd to ttlc ;lc1c1ia ler.!.i!!,: i -s by sccfion .; (,l,;~,,({ t \ , , ~ l~~l~~l!;cflcc.~~ilcl~~,!ll~:l~:l:~,l : \ < . I , 1 , 1 ~ 1 ~ ~ 1 ) ol'tl~is Act (1:. \ \ ;ls i n fl.1-cc ( . I : tlic c!;t:c of i l ic~.oll~mcr~c~- nlcl,t of t f , d , l ' 3 ~ ~ ! ~ i f Natlu ('l 'l~;rll~fcrr~ (1 l'wr itory) t x l c ~ ~ ~ i o ~ l of Laws i\c,, 1005 i - n i r ; ~ I N;ul~l Act 2' of 1965) i ~ , tile State oj. hl;~~tl.i~s cxccpt i n ii,c, trnn.;l\.~'l.ccl tevrilor). n;ls cxlnlt!cd 10 t l~c t~.al~c,fer.rcct ( rritory cL)nlpr ihillb t11u b'.:~ny:~k~ll~~:l~i (lib1 ~ i c l i111ti I 1.x ~ ! t c ~ ~ c o ~ ~ ; ! l l tiIlt1k t ~ f ,,lu 'l.irrlltcI\cli tliblrict by ~ ~ ~ c ~ i ~ r n 3 of, : I I I ,~ the T'irst ~rilc.,[ulc 10, ,llc I.ittci' Act.

r, a'rjleso words wverc subrtitu!cd f o r ihc words. <'ill [he City of

Madras " by httb-scclio~~ ( 1 )

Xctio~l' of tllc Matii.;~s Cily Tctlants' j>rotcctiol: (Al~lcndn~cnt) Acl, 19.55 (T;~nlil N::;\~LI Act S X of 1955).

s~hi, ~xprcbsion M;I \ ~~~Bsriruted for the expremio~~ "Statc i f

Madras ' * I>y 111c 'Tamil Ndtlu Adapta!ic>n ol Laws Ortlcr, 1969, as

aruended by I ho Taniil Ni~dli Adaptation of Laws (S

merit O ~ l c r , ) 1909, W'lllCll Citlllc inl0 I'orcc On Ihc 141 h lil~lu;&ry 1969. \ . 1.

2

n (2) (a) It axtitndr to,-- f l i S ~ P T 7r*Aq80 (iJ tha City of Yidras;

(113 the t m a h i p of ~ o d ~ i k m a l , Avadi,

KR t h iwakkan, An&-ttur, Mndhava ra Bhavan i laga C our ta lan and,.Msttur.

< I '

(bi) The Stat9 G@v@rnnmt ER y^, by n ~ t i f i c

t? t h s T a a i l Nadu Govarn:?ont Gazrtte, extond t h i s ~ c t with o f f s c t f r n n such data as !my M s ~ o c i f i a d in tha n r t i f i c a t i r n h,--

( i ) any &har m i c i p l town; ( i i q aqj? o t h ~ r t m % h i ? ; €T

(iii) a?y np9cifird v i l h g e within a ight I r i l r n ~ t r a s (6 tha City nf Madras, rz- of tho tor,nship rofdrrad t o in sub-clnu.ra ( L i d cf

c launo (a) , or of ~ u c h cthar n a n i c i m l tcwn r a f s r r r d t o in nub-fc lnur~ ( i ) or t ~ n s h i P r,gfjrrad tc i n nul rc laurr (ii\).";

3

SLv3 Trcn 21m

r t ~ h i ~ kct s h q l l apply,-- (,) i~ th4 a r w b L? which t h i r Act is in fcrco m thu dat@ of thd % b l i c n t i m cf t h o

Madras C i t y Tdnantr ' Prctituctirn (,$:wfidnant )

A&, 1979 tq tho T a m i l Nndu GcVilmnmt ~ ? z . ~ t t e ,

mly to t a n r r q c i ~ ~ of land crantod bofero tmt

data; and

(b) in any c t h m traraa, n d y tr t o n a n c i o s c-6'

. , l a d craatod bsfora tha dat* with sf fact from

4

which thF8 A c t is rxt-dad t s such araa by s o t i f i c ~ t l m u n d ~ r claus3 (b) of sub -aec t im (21 \

4

(bb) in any tnunship, by ths t a m s h i p c~mit tsa c r n ~ m s d ; ~ ;

.,.- - 4 1 P.-l .------ -- - --. - -

'('[~amjl Nadu] Act X of 1950), or of a panehayat or panchayat union constituted under the '[Tarnil Nadu] Panchayats Act, 1958 ('[Tamil Nadu] Act of

. 19581, by the panchayat or by the panchayat union ~0~11~11 concerned,

_For the ~ ~ r g o s e of this ~ l * ~ ~ * -

5

![(4) he State Government may, by notification in the Fort St. George Gazette, cancel any notification issued under sub-section (2), but the cancellation shall 4- not be deemed to affect the power of the State Govern-

(5) Where a notifimtion is issued under sub- section (4), every proceeding pehding on the date of the publication of such notification and instituted under the provisions of this Act as extended by virtue of the Provided that nothing contained in this sub-^I section shall be deemed to invalidate any suit or pro-^{; !}I ceeding in ~ h i c h the decrce or order passed has been I executed or satisfied in full beforc the date mentioned in . ! dh j s sub-section.

IT (6) Every ~iolification issued under sub-section

(2) or sub-section (4) shall be laid before the Legisla- ture, if it is sitting, as soon as may' be after the issue of I the notification, and if it is not sitting within seven days

of ils re-assembly, and thc Statc Government shall scek the approval of the Lcgislalure to 11 ilotifica tion by a rcsolvtion moved within period of #teen days bcgin- ning with the day on which the notification is so laid before it ; and if the Legislature makes any modi- fication in the notification or dire~ts that the notification should cease to have effect, the aotification shall thereafter have effect only in such

1

r "

modificd form or be of no effect, as the case may be, but without prejudice to the validity of anything

. prcviouhly done tl~ereunder .) kc. 7 .

I- 1Sub.scctions (4) to (6) were added by section 2 (ii) of the Madrils City Tenants* I'rotection (Amendment) Act, 1960 (Tamil Nadu AC 13 of 1960).

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~efinitions. 2. ~n t b ~ c t nnlPco :, ,-.4.; .---A:.-. 1- s k p Tdh a/&

in the t m : . h i ~ nf ~ o d a w a l , Avadi, ^'

Kath iwaul, &bat-, Madhavaral, E b v a n isagar, ~ ~ ~ ~ t ~ l l a n a d ~ o t t u r , or FQ such

,, t w f i a h i af r^r^~^s²id;'' i

.- ---WlllWl) .- .--r..v.IJU117W) :-

" (1) ' Bsding ' means any building, hrlt or other structure, whether of masonry, bncks, wood, mud, metal or any other material whatsoever used-

(ii) for residential purposes only, in any other. nrcn,

~~lcludes the sppurtenance thereto. "

ThepresentcJause wassubstituted I'or Ihesaid c ~ g u , ~ , , ~ so 3c,bs,i- t u l d by section2 oftheMabasCityTe11ii111~'l'rotct (Alnclldlllcnt)

Act, 1964 (Tamil Nadu Act 16 of 1964). [Section Y of the Madras City Ten~nts' Protccllull (i~rl,cl,~ne,,,) Act, 1960 (Tmil Nadu Act 13 of 1960) and sectio113 of tjlc ~~d~~~ City Tenants ' Protection (Amendment) Act, 1961 (Taml/ ~~d~ I6 of 1964) pmided for the abatement of ccrtaln proceedings Pending bcfore courts in respect of non-residentiirl buildings.]

*Every local area, which ipme$ately, before the jst M~~ wasconstituted as the Madural Munlcipollty under the Tamil ~~d~ District Municipalities Act, 1920 ( T m i l Nndu Act v (,,; ~ 9 ~ ~ ) ,

wasdeemedto bethecity of Madurhi under cltoh.~at,lua, c i ty Municipal CorPoratlon Act, 1971 (Tandl Nfldu Act 15 of 1371)^' Please s e e s ~ t i o n 511 of Il~o latter Act lead w~tll rule 2 in schedul;

411 t h e l l

7

I

(b) any pcrson who was a tenant in respect ^{i I} of such land undcr a renancy agreement to which this ^IJ ~ c t is applicable under sub-scction (3) of section 1 and who or any of his predecessors in interest had erected

I

-.._- - -.-_--I 1Clause (I-A) was inscrtcd by scotion 2 of the Madras City Tcli;ultb' IDrotcct ion (Amcndmcnt) Act, 1026 (Madras Act V1 of 1926). ?'his clause was subbtituted for. the orig:nal clau-e (4) by section 3 ( t i ) of the M:ldrils City 'I'cnantc' Protection (Arnend- 1

merit) Act, 1960 (Tamil Nadu Act 13 of 1960). 3This sub-clause was, and was deemed always to have been. substituted for the following sub-clause, by section 2 of the Madras Cjty Tenantsp Protection (Amendment) Act., 1973 (Tamil Nadu Act 24 of 1973):-

"(ii) includes-

=

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t i tutsdundrr tho &dm. T m r h i p A c t , 1940 ( 1 (Taxi1 Nadu ~ c t X I d 19403, tho Cmrtelkm I T m s h f p Act, 1954 (Tamil Nadu & c t x V I d 19543, the Bhavanisagar Township gct, 19% (Tanil

Nadu ⁣t.XXV of 19549, clr s a c t i m 4 uf tho T a n i l Hadu Paqchayrt* A C ~ , 1958 (Tami l Madu

n e t rn of 1 9 ~ ~ , w any o t L r t m s h i p c mst i tu t ad u ~ d o r any crthar law f o r th@ 1

t ima bsfng in fcrce,", ;I

at tae rime or rue t;jeurmttnr WJIU utrlveu iltle lrom either of them, and for which compensation has not already been paid. A tenant who is entitled to com- pensation for the value of any building shall also be

paid the value of trees which may have been planted

by him on the land ''[and of any improvemenls which lnay have been made by him].

4. (1) In a suit for ejectment against a tenant in

D i ~ ~ i a ' which the landlord succeeds, the court shall asrerhin suits for cjectmcnt, the arnount of compensation, if any, payable under

section 3 and the decree in the suit shall declare the

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(3) If in such suit or application the court finds that any sum of money is due by the tenant to the land- lord for rent or otherwise in respect of the tenancy, the court shall set off such sum against the sum found due under sub-section ( 1 ) or sub-section (2), as ihe case ' may be, and shall pass a decree or interinz order declar- ing as the amount payable to the tenant on eject- ment the amount, if any, remaining due to him after such set-off.

(4) If the amount found due is not paid into court within three months from the date of the decree under sub-section (1) or of the iiirerim order under sub- section (2), o ~ i f no application it; made under scction 6 ,

the suit or application. as thc case may bc, shall stand dismissed, and the landlord shall not be entitled to institute a fresh suit for ejectment, or present a fresh application for recovcry of possession for a period of five years from the date of such dismissal.

5. (1) The compensation ,awardable under section ~, , , , , , i~ , ,

4 shall be the value ot the building and trees ][and of thqlcom-

of any im rovenlents which n ~ n y have been madc by pensatton nnrnrdshlc the t e n a d o n (115 date of the decree or inrn.;,,, c,r~ie,-, ~lnrcrsrt ion

as the case may be. -^I

1 These words were inserted by section 3 (6) of the Madras Ciry onants' Protection (Amendment) Act, 1926 (Madras Act VI of 1926).

. -

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6 (3) If, on account of any cause for which thc

temn t is responsible, the building, for which compen- sation has been adjudged under section 4, is destro- yed or has deteriorated in value between the date of the decree or interim order and the date of ejectment,

thz courtc may, on application by the landlord, pass an order directing that he be placed in possession without paying any compensation, or on pciymcnL of the amount determined on a revaluation of the buil- ding as the case may be.

/

~)ctorrr~inatioa $. (1) If after a decree or irrteri172 order is passed

of rent. undw section 4, the landlord is unable or unwilling to yay the compensation ordered, he may, within three months from the date of the decree or interim order, apply to thc court to f ix a reasonable rent for the occupation of the land by the tenant and thereupo~~ t l~c court shall by its ortlcr fix such rcnt as it dccms ~ u s o n a b k :

Provided hat thc 1.cn1 previously payablc fol- 111.: land 511:tll not hc: et~h:tnccd b:. more tlurn

'It wv,:l~t>--five lln]'': p i s ( , ] in the rupcc.

(2) On ti12 pacsing o f i u ~ ordcr under sub sccrion

( 1 ) the deci-cc or in t~~r inz ordcr pa5sctl under secrion 4 sh;rll b; dcclnctl to 11'rvc b;cn v;ica~cci.

Application 7. b ; l I:r~lcllord may appiy by a pccilion to the COUI.L

'Of .fwr landlord fixing hciving jurisdiction to enlcrtain a suit for ejec!mcnt

~ h c rent. 'I.or, in the City of Madras, cithcr to such Court or 11) the Presidency Slnall Causc Court] to fix a reasonable

%.be -..

l'rhesc words worc substitutetl for the fig11i.c and word "2 annns"

I,y sootion 4 o f , l l ~ M:~dr:~s City 'I'c~i.l~~t\' Prorcclion (Anlcntlmcn~) ~ c t , 1960 (Tam11 N ~ d u Act 13 ol' 1900)

ware substituted br the words "err to the Pro,idcncy

rtn by section 4 of the Madr;ls City Tcnants' Protcc-

t) Act, 1955 (Tamil Nadu Act XIX of 1955).

\

11

1922: T.N. Act IUJ City Tenants' Pro

eems reasonable :

ovided that the rent previously payable for the I land shall not be enhanced by more than '(twenty-five naye paise) in the rupze.

i

1

2[7-A. A tenant may apply to the Court having Applica!iou I ~ Y

jurisdiction to entertain a suit for ejectment or, in the CityofMadras, either to such Court or to thePresi-

I

r dency Small Cause Court, to fix a reasonable rent 1 for the occupation of the land or where on application under section 7, the rent previously payable for the land has been enhanced, for a reduction of the rent fixed; and thereupofl the Court shall, by its order,

fix such rent as it deems reasonable.]

8. An order passed by a Court 3[under section 6, Effect of order

section 7 or section 7-A] '(shall, subject to the provi- ~~7~$~-$',s

sions of section 9-A, ha~le effect as a decree in a suit and fqr a period of five years thc rent FO fixed shall I not be revised nor shall the tenant bc liable to be evic- ted for the said period). 1

I

9. ( I ) [(Ib)(i)J Any tenant who i s cntitlcd to cornpen- Application lto Court for satian under section 3 and agaiiut whom a suit in directing $he

ejectment has been instituted or proceeding under landlord to

>ection 41 of he Presidency Small Cause Courts selliand. , -

' Thew words were substitr~ked for the figure and word "2 annas' by seotio?, 4 01' the Madras City Tenants? Protection

I

(Amendment) Act, I!lGo (TCMIII~ Nndu Act 13 o f 1960).

2 This ~ ~ ~ t i o l l wct'i S ~ I ~ \ I I ( I ( C ~ hy %xtioll 5 {bid for section 7-A, wl~cch was inserted by sect Ion 4 of 1 he Madms City Tenants* Protec- ~ l o n (An~cndmcnt) Act, 1926 (Madras Act VI of 1926).

12

., ., . . ,.-. - ---. . . , - . . \ J A & ! S'Lae J ' , L & V l l L b l L t l ~ l b is rct;.rrcd tc, i n sub-clalrst : (iij (o) of clausc (4) of s c c t i o ~ ~ 2 L)I. h i s I~cir., may wit l~ in a pcriod of two nlolit11.i Froin ~ I l c d a t e of tllc- j~ublication of the Madras Ci T c i t a n r i ' Psotcction (.-\nlendment) Act, 1973apply to ilic court [ \ \ , l ~ c t h e r or not a suit for e j e c t m e n t has been i ~ l s t i t l ~ t c c i or- proceeding under s c c t i o n 41 of t h e P ~ , c s i d c n c y :Slnall Cause Courts Act, 1882 ( C e n t r a l Act S\' of 18S-7) has h z t n taken by the landlord

01. \\ l leth;lr 01. II(I; sucll st l i t or proceeding i s p.:rlttit121 h:i\.il19 jarisdiction to en lc rLa ;n a s i~ i t for c,ic.ctll1c1~t o r ill I I I C ( ' ; 1: i \ f blit(11.:1s e i t j l~ r L O

SLIL*(\ c<>l8i . t (,I. 1 0 L l i ~ Prcb~dcncy Sl11;\11 C~USL' CUUI.~,

. .. - -- . ~ .- --- ..- . -- 1 rllc;,,. . 8 . ~ ~ t , 0 , ,!L,IC , . ! b s t i t i~~~~ t l for(lic I \ C I I L I S ''IiUtccr~ cl:~y\" h y ,2~11,,11 ti of' tiis hl.icl~.;i\ Ciry T L . ~ : ~ ~ I I \ ' I ' r o l c ~ t ~ t ~ n IAmcntlmcnl) Acl. l q t 2 0 [Al::cl~.ii\ :\<[ \ I ! 0 1 IO20~.

l'Iic\t: V.OI.J\ . I~I..IL!,. I, . i t1<1 1ig11i.c~ \\L,I.c \t~I>slit~ttcd f o r 1 1 1 ~

\ \ i ~ ~ . < l i '.: flsl. I I I C < I ; L I C i l l 1111 '~ , \ZI ~ , ~ ~ n i n g illto I'o~'cc" by sccric~r~ (I ol'

I I I C ;\l,ill~.,ts City ' l 'c~,a~ils ' I'rotcci~~rn ~Anlz~ i t l i~ rcn~) Acl. 1055 ('l':tnlil N.11111 Act X I S 1055).

.: rlicsc \voc.tIs \ \ .~.rc substt~utctl for ~ h c tvol.dt "lo scll tltc I;trld

;i pi.icc t o Iic lixctl I h ! lllc (. R (i) ( ( I ) o f Ihc ~I;I < Cily ' ~ L - I I , I I ~ [ \ ' I ' I . , , ICC[~<~II ( ~ i r l ~ c ~ i ~ I ~ i i c ~ ~ [ ) Act, 1960 (Tit111iI

N,I~III :\cl 13 01' li)60).

t 'fllc Soil~wictg sctttcnce \\-;I.; onlilted (1). hoclion 6 (i) ( / I J , ih i ( / : - ', l ' l~c ourt s11:tll l ix the price itccording to t hc lowest niarkct \,alilc l , ~ ~ v ; i l c ~ i ~ witliit~ so'cn years prcccding the d ; ~ l c of the order ar~d sllall O~.(lc~. tlliit, witlli~l ;t ~ ) c r ~ o d 111 hc ( I c t ~ r t ~ ~ i o ~ ~ l Oy tllc court, not hcir~g lc,, 111.ti1 ~I I I .~ . , \ 111,11itli\ :in11 1101 I I I O ~ C ~ I i ; t t i ' ~ l~~ ,cc vcilrs I'ro~n tllc &IIC

01. I I I ~ ,~r.$lcr, IJI,. t,.n;ttlr 4iull p;\y isit" co111.1 i ~ r otltcrwisc :IS tlirectcd t j l , ~ ) ) I i~ x , ~ l ; \ ~ t l 111 011e or I I I O ~ ~ I I ~ \ [ ; ~ I I I I ~ I I I ~ \ \ i t 11 (tr %vi(!10111 t~itcrest',

,a ' l ' l l i , i ~ c l l ~ \ \ . I \ ii,icl.lc~l by scction 3 ( i ) of the Motlr.:is City

r o l l : r t ~ c h 3 ~ I . ~ ~ I C C I I O I I (Amcnilr~~ont) Act. 1073 (Tamil Nncll~ Act 24uf

19 73).

for an order tbat the landlord under the tenancy agreement shall be directeu to sell for a price to be fixed by the court the whole or part of the txtent of

I.rlid sf)~.cijicd it1 ttic ;~i)l~iicatiorl.I '[(b) On such application, the court shall first decide the minimum extent of the land which may be necessary for the convenient enjoyment by tho tenant. The court shall then fix the price of the mini- mum extent of the lmd decided as aforesaid, or of the extent of the land specified in the application under clause (a), whichever is less. The price aforesaid shall be the average market value of the three years immediately preceding the date of the order. The court shall order that within a period to be determined by the court, not being less than three months and not more than three years from thedate of the order, the tenant shall pay into court or otherwise as directed the price so fixed in one or more instalments with or without interest.]

(2) In default of payment by the tenaltt of any one instalrnent, the application tiunder clause (a) of sub- section (I)] shall stand dismissed, provided that on sufficient cause being shown, the court may excuse the delay and pass such orders as it may think fit, but not so as to extend the time for payment beyonti the three years above mentioned. On the application being dismissed, the court shall order the amount of the irlstalme~t or instalnlcnts, i f any, paid by llic tenant to be repaid to him without any jntcrcxt.

'l(3) (a) 0 1 1 paynlct~t ol' thc price fixed urztlct

clarmc (b) of sub-scctiotl ( I ) , Ihc colrrt shall pass an ordcr directing thc conveyrrrtcc by thc Inncllord to tlic -

1 This clause was added by section 6 (ii),oF the Madraq City Tentuit~' Protection (Anicndment) Act, 1960 (Tam11 Nadu Act 1 3 of 1960). 3Tllese words, brackets, letter and figure, wcrc substitulcd for the words, brackets and figure "under hub-section ( I ) " by 4ccilon 6 ( I J I ) , aThis sub-section and Explanation wcrc substitulcd for %ub-scc~ion

(3) and the Explanation thcreundcr by scction 6 (rv), ihisl. b

I ' . , $ * ! ,/

14 City Tenmrts" Protection [lm: T.N. Act LIf - tenant of :l?o extent of lana for m-hich the said price tx7aj fixed. T1lL. court shall by the same order direct t l ~ : t ~ n ~ t n t to put the latldlord illto jmssessiou of tht:

rcm ] in ,= exte~lt of the: land, i f any. The stamp duty n:ld rzgibvation fee in respect of such conveyance hall be borne by the tenant.

( h ) On the order referred to in clause (a) being m~d:, the suit or proceeding shall stand dismissed, and any decree or order in ejectment that may have bean pass4 therein but which has not bee11 executed shall be \ acated. ~ Exp1mration.-'Larld' means the interest of the lalldlord in the land and all other interests which he can convey under any power and includes also the fu l l ~nterest which a trustee can convey under the power

pLxsesssd Sy him to convey trust property when

ncczssity exists for the same or the alienation of the

!~;.op:,.ty ;j for th2 benefit of the estate or trust.]

'[(+.A) Notwithstanding anything contained in clause (b) of sub-section (3) of this section or in s ~ c t i o n 3 of the Madras City Tenants' Protection (~mendmsnt) Act, 1972 (Tamil Nadu Act 4 of

iC)7'), or any other law for the time being tn

fo~ce , th? court which passed the decree or order refer-red to in sub-clause (ii) (6) (2) of clause (4) of .;:;tion 2. sh.~ll, on application made by tile tenant , h ' ; b ~ . ~ - c d t3 :TI that 5ub-claus~ within a pcriod of two 111 , l ~ t l ~ q ir3m t i lo tinte of the publication of the Madr:~.; ~ , t y rul1ctl7ts' PI-otection (Amendnlent) Act, 1972,

I CJPCII 91- rcvi~w the proccotiings relating to sucll cl:ct-cc or orclcs and may pass a decree or an ol-clor thar 111: tcnmt refcrred to In the said sub-clause, is cntitl~ti t(, t l ~ c righ* s under this Act and pass such other supplc- i In:l~tal, ~ncldental or consequential ordzrs as arc tlcccssnry for the purpose as if the Madras City Ten-

;\nts' Protection (Amendment) Act, 1973, were in

fi,rce at the time st which the decree or order was 1ussed.]

1 This sub-section Lion 3 (ii) of the Madrw City Tonunts' Praleclion ( 1973 mil Nadu Act 24 of

1973).

1922: T.N..Act Ill] Clty Tenants' Protection 15 ^II

'[9-A. '[(l)] An appeal shall lie from an order Appeals. i passed by a court utider section 6, section 7, section 7-4 or sectioll 9 to tlic cc>i1rt to wllich an ;\lq>c,ll woald

lie from any dccrce passod by the former coi~rt and the decision in such appeal shall be final :

Provided that from an order passed-

(i) by the Chief Judge of the Presidency Small Cause Court, an appeal shall lie to the High Court, and

(ii) by any other Judge of the Pl.esidency Small Cause Co~ut , an appeal shall lic to the Chicf Judge.

=[(2) Subject in other respects to the provisions of the Limitation Act, 1963 (Centra: qct 36 of 1963),

the period of limitation for an appeal from an order in any of the cases specffied in suh-section (^I⁾shall be,-

(i) if such appeal lies to the High Court, ninety days from the date of thc order, and

(ii) if such appeal lies to any other court, or to the Chief Judge of the Presidency Small Cause Court, thirty clays froin the date of the order.]

10. (1) '[ Sections 4, 5, 6, 8, 9 and 9-A] shall Appliation cf apply to suits in ejectment ond applications u ~ ~ d c r ~^c^c^'ⁱ^~^~^~¹⁴^;⁵^.^:; Central section 41 of the Presidency Small Causc Co11r.t~ ccrtain suits and

Act XV -- applications. Of 18X2. 1Tl1isseclionwas in~crlcd by scction 7of lhc M ; L ~ V R F CityTcn:tn(sl Protcction(Amcnd~ncnt)Act, lOGO(Ti~~llil Nadu Act 13 ofI960). ::Section 0-I\ w;ls rctrt~ml>crctl ; is .:~~l,-scction ( 1 ) of ~ I I ; L I wclioli by scctiol~ 2 ol' thc ~M;tdr;ts City 'I'cllatrl~' I ' lwtc~l i~~n fA111cntll11cnl) Act, 1965 (Titrnil N:td~l Act 37 o f 1005).

a This sub-scctior~ wits ~ I I S C I . L C ~ 17)' S C C ~ ~ O I ~ 2 0 S the Mirdras City Tea~~l r s ' I'rotcctio~l (Arnu~ldiircnt) Act. 1965 ('l'irn~il Nit<. u Act 37 of

1965). [Notwillwt:~~tli~ig anything col~I;tincd in this sub-scction, in the case of an nppcal TI oln an ordcr 17:rsscd by n court illidcr section 6, scction 7, scction 7-A or scction 3 of T~rnril N R ~ L I Act I11 of 1922 bcforc thc dntc of t l ~ c conrlnclvxlricnr of thc Mirdr;rs City Tcnnnts' Protcction (AnlendmcnO Act, 1965 (l211nil Nadu Acl 37 of 196.5),

t l ~ c pciiod of limitation sl~itll,bc thirty i1:tys ncxt aftcr (Ilc tlatr nSsrlch conirncnccnient, or thc pcriotl prewribcd for sucll appeal under sub-section (2) o r scclion 9-A, wllichcvcr 13criocl cxpircs I;rlcl.. Please sec scction 4 of 'l'i~niil Nndu Act 37 of 1965.1

' T l l c ~ words, figi~res ant1 Ictter \V:;C substittitcd for tllc wortls and figures "Scctions 4, 5, 6 , b' ;lncl 9 by section 8 of the M;ldlas City Tenants' Protcction (i\~rrcntl~iicnI) !\el, 1060 (Titrnil N:~tlu ACI 13 of 1960). i

- + L LA&

' ' . rr "I"" . &.J

. nb th* araa in which t b i . ~ c t ~ k fmca +

on the data d the p b l i c a t icn & th. ~ a d m * C i t y Tunant. Pretact i m (hlmdme?t') kct, 1979 h tho Tart11 Nadu Govvorn:?at Cazdtte, bofrra

I k:- tha said data, and in^m^y othrr araa, ~^d^f^~^r^a I the data with o^f^foc^t^f^r^o³vhich t^hⁱ^s g2t is

(3) In cases in which orders passed under sectlon anlrpl 4 - . n. -.*--. - - c'---TY o--.-. - - * - - - 4 -4 ,oo* - - - .-. tte Sn?pZ ~ " 4 4 ~

tho data ~f t h a p i b l i c ? t i r n cf t h a

lI'-- tenants. *^{<' i}^l^~^l^t^~^l the explratto~i of tJ1^l^.s~ months next after notlce is bvritillg h : ~ bcen l i \ ~ e u to him rcauiri~lg him to ------ - - -- - -- -- - ---- ' 'Thc\o words, br~ckc t \ and figurc.~ ucrc substirurd for the words

" but hdvc not beco cxccutcd bcfom tho coming Into force of this

Act " by scction 7 of t!lc Maaras City Tcnatlts' Protection (Amcnd-

men0 Act, 1955 (Tamti N.rdu Act SIX of 1955).

These words wcre si~bstituted for the word " >Iadras " by the Tamil Nndu Adaptation or Laws O&r, 1969, as amended by the Tamil Nadll Adaptation of Laws (Second Amendment) Order, 1969, which C;LOlC into forcc on thc 14th January 1969. Th??c words, brackets and figures wcrc substituted for the words at the COmmenWctmeDt of this Act " by section 7 of the Madras City Tenants' Protcclion (Amendment) Act, 1955 (Tamil Nadu ~ c t XIX of 1955).

surrender possession of the land and building, and offering to pay compensation for the building and trees, if any, and stating the amount thereof. I

repealed or modified. '114. ⁽¹⁾ The State Government may make:;: to

rules to carry out the purposes of this Act.

18 Cilj' 7i,rran!.,' l'ro!cc/iorr 11922 : T.N. Act IU

(2) In particular anti without prejuclicc to Lhc generality of the foregoing pouer, such rules may pro\iide for the fees payable in icspect of appli- cations, petitions and appcals under this Act.

(3) .41l rules made under this Act s b l l bc ~~ublished in tlre Fort St. George Gazette and unless they ;ire expressed to come icto force on a pilrttc~llar day, +tiall come into force on the day on wlucll +hey ?re so published.

(4) Every rule made under this Act shall, as ioon as possible after it is made. be placed on the tablc of both Houses of the Lcgislatvre, and iT, before t1.e

cxpiry of the session in uldch it is so placed or thc

next session, both liouses agree i n making any modifi- cation in any such rule or both Houses agree thar 'he rule should not be made, the rule shall thereafter have effect cnly in such modified form or be 01 no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previouslv done llndcr that

rule.]

r *

or eatifled in fuU before thei eald' d

, r. L 6 r ? *c B W , ~ :"~~fi-hi . ' , * * . , I '

.$aviugsr Anything done o r any a c t i o n t d e n ( i n c 1 u d i n g any

suit or rnoceeding i n s t i t u t e d , dec is ion o r d i r e c t ion e iven , decree o r order passed and any rights exjoyad o r l i a b i l i t y incurred) under t h e gmsaadrr prov i s ions of t h e p r i n c i p a l

Aet on OX af'ter t h e 9 t h January, 1974 and before t h e date

of the publ ica t ion of t h i s Act in the T a m i l Nadu Government -

Q ~ e t t e , on the foo t ing t h a t t he p r i n c i p a l Act was i n f o r c e __C

at the r e l evan t time i n the townships of Kodafkanal, Avadi,

Kathivakkam, Ambat tur, Madhavaram, Bhavanisagar, C o d t a l l a m

amd Mettur ahall be d e e d e d t o have been done o r taken I under the provis^ionsof the pjt incipal Act, as amended by t^hⁱ^sAct, as if t^hⁱ^aAct had been iⁿ^fo^rce^a^t^the^r^e^l^evan^ttime. 1 I

10. C s r t a i n pending proceedings t o aba te .- Every proceeding -- i n s t i t r t ed by a landlord i n reepec t o^fany r e s i d e n t i a l o r -- I non- res iden t i a l bu i ld ing or p a r t tb reof s i t u a t s d i n t h e t a snsh ip of lbdaikanal, Avadi, Rathiwakkam, Ambattur. Madhawram,

Bhavanisagar, Couhllam amd Mettur and pending bfefore any Court o r o ther a u t h o r i t y o r o f f i c e r on t h e date of the pub l i ation

of t h i s Act in the ?am11 Nsdu Government Gazett3, s h a l , i n so ---- - - -- . - - - P far as the proceeding r e l a t e a to any mattsr f a l l i n g wi th in t h e

scope of t h e p r inc ipa l Act, a s amendsd by t h i s Act, i n respect of. such building or pa r t , abate , and a l l ri&t s and p r i v i l e g e s whdch may have accrued t o that landlord i n respec t of any such bui ld ing or lgrt and subskating immediately before t h e a a i d d a t e ahall, iⁿ^sofar aa such rights and p r i v i l e g e s r e l a t e t o

any mattes? falling with in the acope of the principdL Act, ae

amended by th la Act, cease and Betermine and shall not 'oe

m-fikr enf mcaable. P . T. o

f l96O:T.N.~ct \3] M a d m C i t y T e m t s 9 4 61 Protection (Amendment)

l[TAMIL NADUJ ACT No. 13 OF 1960.2

[Received the assent of the President on the 19th July 1%0; fist published in the Fort St. George Gazelte OR the 27t h July 1960 (Sravana 5,1882)].

An Act further to amend the Madras City Teaaats' Protection Act, 192 1.

WHEREAS it is expedient further to ar~end the Madras City Tenants' Protection Act, 1921 ([Tamil Nadull Act

I11 of 1922), for the purposes hereinafter appearing ; BE it enacted in the Eleventh Year of the Republic of India as follows :-

1. This Act may be called the Madras City Tenants' Si*;'t title*

Protection (Amendment) Act, 1960.

2-8. [The amendments made by these sections have already been incorporated in the principal Act, viz.,

the Madras City Tenants' Protection Act, 1921 (Tamil Nadu Act 111 of 1922).J

g . Every proceeding pending before any Court, other CCrtain pslldinr

than a proceeding relating to any property situated in- precee4ing tt

&batit.

(i) the City of Madras,

(ii) the municipal towns of Coimbatora, Madurai, Salem and Tiruchirappalli, and

(iii) any village within five miles of the City of Madras or of the municipal towns aforesaid,

on the date of the publication of this Act in the

, *Fort St. George Gazette, and instituted under the provi- sions

1 These words were substituted for the word " Madras " by the

Tamil N ~ d u Adaptation of Laws Order, 1969, as amended by the

I Tamil Nadu Adaptation of Laws (Second Amendment) Order,

1969.

For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 10th December 1959, Part IV-A, pages 383-384.

*Now the Tamil Nadu Government Gazette.

4112 Madras City Tenants' 11460 : T.N. Act 13 Protection (Amendment)

cf the principal Act, shall, in so far as such proceediilg relates to non-residential buildings, abate, and all rights and privileges which may have accrued immediately before such date to any person in respect of any property situated in any area other khan the areas referred to above b j virtue of the principal Act, shall, in so far as they relate to non-residential buildings, cease and determine and shall not be enforceable :

Provided' that nothing contained in this section shall be deemed to invalidate >ny suit or proceeding in which the decree or orderl passed has been ex~cuted or satisfied in full before t h ~ date mentioned in this section,

- * .

Madras City Tei2ilants9 Protect ioa (Amendmeat )

qTAMIL NADU] ACT No. 16 OI? 19642. MADRAS CITY TENANTS' PROTECTION

(AMENDMENT) ACT, 1964.

ived the assent of the President on the 27th August in de Fort St. George Gazette

1st September 196 1 (Bhadra Act further to amend the Madras City Tenarrts' Protection Act, 1921.

gislature of the 3[Sbte of

1 Nadu] in the Fifteenth Year of the Republic of

. This Act may be called the Madras City Tenants' teetion (Amendment) Act, 1964.

ection hlzs already

Act, viz., Tamil Nadu

landlord in res-

r part thereof situ- in the notification se (1) of section 2 of

d by this k t and the villages

unicipal toan and pending

rity or officer on tlre date akes effect shall, in so far

e r falling within nded by thtb . k t ate, and all rights d to that landlord part and subsisting n which the notification o far as such rights and

privileges relate to any matter faliing within the scope of the principal Act as amended by this Act, cease and

determine and shall not be enforceable :

Provi&d that nothing contained in this section shall

be deemed to invalidate any suit or proceeding in which

the denee or order passed has been executed or satis-

in full before the date on which the notification afore-

word " Madras " by the

r, t969, as anlended by the Amendment) Order, 1969. Fort St. George Garelte t TV-Section 3. pages

expression " State of n of Laws Ordt:r, 1969, as of Laws (Stso ld Amend- Short title.

Certain pending

proceedings to

abate.

- . i: T. N. Act371 Madras City Tenants'Prarectlori(A~ VAMIL NADW] ACT No. 37 OF 1!%54.8

MADRAS CITY TBNANTS~ PROTEC;TION (AMEND~NT)

ACT, 1365.

ccived the assent of the President on the 22nd January 966, first published in tlz&' Fort St. George Gazette n the 2nd February 1966 (Maglra 13, 188 7).] end the Madras Ci?y Tenants' Pro tec- tioiz Act, 1921.

be called the Madras City Tenants' into force on such date as the State notification, appoint.

:nts made by these sections have zted in the principal Act, viz., r'enants' Protection Act, 1921 ntained in sub-section t, as amended by this n order passed by a

ion 7-A or section 9

mmenccment of this

the"*%period of limitation shall be- .

of such commence-

~ i o d prescribed fo;" such, appeal under of the said secion 9-A,

-- ..-

" Madrz~s '' by tile of Laws Order, 1969, as amended by the of Laws (Second Amendment) Order, pression " State of

eaws Order, 1969, as

ws (Second Amend*

Sbort title

and com-

mencement.

Saving of

limitation

in certain

cases.

1972 : T.N. Act 41 Madras City Tenants' 3

Protection (Amendment)

TAMIL NADU ACT NO. 4 OF 1972,*

THE MADRAS CITY TENANTS' PROTECTION

(AMENDMENT) ACT, 1972.

[Received the assent of the President on the 9th February 1972, $rst published in the Tamil Nadu Government Gazette Extraordinary on the 9th February 1972 (Magha 20, 1893).]

An Act further to amend the Madres City Tenants' Protection Act, 1921.

BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows :-

1. This Act may be called the Madras City Tenants' Short title.

Protection (Amendment) Act, 1972. 2-3. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Madras City Tenants' Protection Act, 1921 (Tamil Nadu Act 111 of 1922).]

4. Notwithstanding anything contained in any judg- *[ Certain

ment, decree or order of any court or other authority stipulations

to the contrary, any stipulations made by a tenant in :t writing registered as to the erection of buildings, in so b, far as they relate to buildings erected after the date of the null and

contract shall, to the extent such stipulations take away void.]

or limit his rights under the principal Act as amended by this Act, be and shall be deemed always to have been, null and void and accordingly the tenant shall be, and shall be deemed always to have been, entitled to the rights under the principal Act as amended by this Act.

1 This heading was substituted for the original heading " Valida- tion" by section 4(i) of the Madras City Tenants' Protection (Amend- ment) Act, 1973 (Tamil Nadu Act 24 of 1973).

* For Statement of Objects and Reaqons, see Tamil Nadu Government Gazette Extraordinary, dated tic! 31st January 1.972, Part IV-Section 3, Page 3.

125-1 0-1 A

$ 4 Madras City Tenantsy 11912 : T.N. Act 4 Protection (Amendment)

5. :[Subject to the provisions of sub-section ( 3 4 ) not to apply, l f the lau~lord of section 9 of the principal Act, as amended by the Madras

has already City Tenants' Protection (Amendment) Act, 19731 the

taken Posses- amvdment made to section 12 of the principal Act by

sion. section 3 of this Act and the provisions of section 4 of t h s Act shall not apply to any case where the landlord has7 before the date of the commencement of this Act, '[been delivered actual physical possession] of the land and build-

ing from the tenant.

* -

fms cxgraesion was inserted by section 4(ii)(l) of the Madras City Tenants' Protection (Amendment) Act, 1973 earnil Nadu Act 24 of 1973).

9 These words *re substit ~ t e d for the words "taken posse&onyp by strtion 4 (ii) (21, ibid.

i9&91 T.N. Act 21 Madras city enan ants 1 Protection (Amendment)

TAMIL NADU ACT NO. . 2 OF 3980.' THE MADRAS CITY TENANTS' PROTECTION

(AMENDMENT) ACT, 1979.

[Received the assent of the President on the 27th February 1980, first published in the Tamil Nadu Government Gazette Fxtraordinary on the 3rd March 1980 (Masi 20, Chittarthi-201 1-Thiruvalluvar Acndu).]

&a Apt further to amend the Madras City Tenants' Protection Act, 1921.

BB it macted by the Legislature of the State of Tamil I Nadu in the Thirtieth Year of th,e Republic of India as follows :-

1. (1) This Act may be called the Madras City Tenants' Short title and Profqtion (Amendment) Act, 1979. commencement.

(2) The provisions of this Act, except sections 9 and 10, shall be deemed to have come into force on the 9th January, 1974.

i 1 2. In the long title of, and the preamble to, the Amendment of

I Madras City Tenants' Protection Act, 1921 (Tamil Nadu and long title 3f,

1 Act 111 of 1922) (hereinafter referred to as the principal to,

Tamil

Act), for the words " municipal towns ", the words Nadu Act 111

' " municipal towns and townships " shall be substituted. of 192% 4s

3. In section 1 of the principal Act,- Amendment of mcti on 1,

Tamil Nadu (i) for sub-section (2), the following sub-section shall kt In ,f

be substituted, namely :- 1922. I " (2) (a) It extends to,- I (i) the City of Madras ;

(ii) the townships of Kodaikanal, Avadi, Kathi- wakkam, Ambattur , Madhavaram, Bhvani sagar, Court. allam and Mettur.

* For Statement of Objects and Reasons. see Tam ii Nadu Government Gazette Extraordinary, dated the 29 t h October 1979, Part 1V-Section 1 , pages 385-386.

2JMadras City Tenants' Proteaion [I980 : T;Nb Act2 (Amendment)

(b) The Stnte Governmeut may, by notification

in the Tamil Nadu Governinerlt Gcizeile, extend this Act

with effect from suoh date as inrry be specified in the

~otificatjon to,---

(i) any other municipal town ;

ij) any other township ; or

(iii) any specified village within eight kilo-

metres of the' City of Madras, or of the townships referred

to in sub-clause (ii) of clause (rr), or of such other municipal towu referred to iu subuclausc (i) or township referred to in sub-clause (ii)," ;

(ii) in sub-section (31,-

(a) for the portion begiiilling wit11 the words '"This Act s11n;l lkpply " and cncfiiig ~vith tile words

b b s i ~ c l ~ towu or \/lllnge ", thc f~)liowiug shall be substi- tuted, laarnely :--.

'' This Act shall apply,-

(a) in the areas in which this Act is in force on the datc of thc publication of the Madras City

Tcnants' Protection (Ameniment) Act, 1979 in the -

Tunail l v u'lu Goverrlment Gdzcttr, oilly t o tenancies of rand created before the (fate; and

I (b) in any other ;lri.:t, only to tel~ancics of land ~ r i ~ ? t ~ d b - f0fc ~ I Z C date wit11 cffcct fro111 which this Act is cxtencit:d ro such area by ncitificatio!~ und:r clause

(b) of s ~ l b - s ~ ~ t i e t ~ (2).'' ,

(6) in the first proviso, after clause (b), the follow~

ing clausc shall bc inserted, namcly :-

"(bb) ill ally township, by tlx td~vnship com- mittee cococrnod 1"

(iii) in sub-section (4, for tho words "town or villagew, the words "town, tcwnsllip or villageu shall be ,.../ substituted.

1,986 ! t R Act 21 Madras City Tenants' Prot e c t i ~ n 3 (Amendmen:)

4. In section 2 of the prillcipal Act,- Amenc'ment of sectioil, 2,

Tamil ' Nadu .' (i) in clause (I), in sub-clause (i), for the portio~l Act 111 of beginning with the words "or such other muuicipal 1922.

town" and ending with the words "town afores 1io9', the following shall be substit~ted, namely:-

"in the townships of Kodaikanal, Avadi, Kathi- wakkam, Ambattur, Madhavaram, Bhavanisagar, Ccurt-

tallam 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 Q t y of . Madras or of the municipal towns or town or township aforesaid ; "

(ii) after clause (3), tile ffollowing clausc shall be inserted, namely :- ?

bc (3-A) 'municipal town9 includes the City of

Madurai 4 " I

(iii) after clause (4), for the following clausc shall bc added, namely :-

" (5) a township ' means a township constituted under the Mettur Township Act, 1940 (Tamil Nadu Jpt

XI of 1940), the Courtallam Township Act, 1 9 4 (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. In item (i) of clause (a) of sub-section (1) of sectioli Amcndmunl of I 9 of the principal Act, for the expre~sion " within one section ^9.

Tamil Nadu month of the date of the Madras City Tenants' Protectioil Act 111 of (Amendment) Act, 1955, coming into force or of the date 1922. with effect from which this Act is extended to tJ~e muni-^{I I}

cipal town or village in which the land is situate ", t l~e f01-

lowing shall be substituted, namely :-

"within one month of the date of the plib!:ca~iuil

of the Madras City Tenants' Protection (Amend,nent) Act, 1979 in the TumdNadu Governmerzt Gazette or of the date with effect from which this Act is extended to the

munici~al town, township or vil1;lge in which the lal:d is

sitaute .

4 Al'arlnrs City Tenants' Protcctiort [I980 : T.N. Act 2 ( A ~ ~ a e ~ ~ d m e n nt )

Amendment of 6. In section 10 of the principal Act,-

section 10, famil Nadc

, ~ c t n1 of (i) in sub-section (I), for the expression "in the

1922. City of Madras, before the comrnencemcnt 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 village9',

the following shall be substituted, nn~u~ely :-

" in the area in which this Act is in force on the

date of the publication. of the Madras City Tenants' ^I

Protection (PAnlendment) Act, 1979 in ttle 7bmll Nndu Goverlzrnent Gazette, before the said date, nrld ita any other

area, before the date with cffect Srull? uhich [his Act is extended to such area " ;

(ii) in sub-section (3), for t!ie c\i.:ciision 'at tb

commencemr=n t of the Madras Ci t 1 'I'c:~ ~ a t s "~ratcctian

(Amendment) Act, 195' " f i l e c t pr ~ % + ~ i + % n " un the &@ of the publication of thc &ladr;i> C!!,, I cxmts' Rolt&oa

(Amendment) Act, 1979 in the 7 i~mi l .'.d.i~ G o r m ~ y n t Gazette" shall be substituted.

Amendment of 7. In section 1 1 of the principsi .'\i;, section 11,

Tamil ~ a d u

Act 111 of (i) for ihe words " i(;:. :,- ;..i :. .: r ",

1922. ^'^Sthe words "inunicipal ~w::s!~i ; \ r b ~ s j g * ' & - substituted ;

Y-

t . * " (ii) for the tiford ' - i A I& ~.QiOds

" mu11icip;ilit~ or toivnbhip " .:.Ji bs wi.n;nuw,. Amendmsnt of 8. i n section 13 of the i';:.:;:~! t;:. f r the words 6 4 ^srection 13, muiiicipal tow11 or vill:igc . # h e xdl " =*pal I' " Tamil Nadr! town, township or. village .;I: b: s.;hian%& Act 111 of

1922.

Savings. 9. Anytlling dune or i ... I-. *A; .-a

su t cr proccediilg i ~ l \ i i : ~ ? i , . j + : ?zff ^C

decree or order passccl an,! ~r.: :,k:i ; t t

incurred) under the prtlr. -:. 3:. i c p-3

c, gfter the 9th Jtinuarj ah-4 !$ :-e t& publication of thib Act r.: r ? ~ Gazette, on tho fociting :La:: 5 force iit the rc1~;;inl fin:^ 1f.c 4ⁱ^*^*^"^~^*

Avadi, Kathiiiak kam, ,3~2%r?

wgar, Courtaliam and LIc:r,r r'/

1980 : T.N. Act 21 Madras City Tenants' Protection 5

(11 mendmerat)

been done or taken under the provisioils of the principal Act, as amended by this Act, as if this Act had been in force at the relevant time.

10. Every proceeding instituted by a landlord in respect Certain pending

of any residential or non-residential building or part proceedings to , thereof situated in the townships of ICodaikanal, Avadi, "bate* Kathiwakkam, Ambattnr, Madhavaram, Bliavanisagar,

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 procaedicg relates to any m3ttcr falling within the scope of the principal Act, as amended by this Act, in respect of such building or part, abate, and ail rights and privileges which may have accruzd to that landlord in respect of any such building or part and subsisting immediately before the said date shall, in so far as suchrights and pri7lilegz: r:!ck ?a any matter falling within the scope of the principal Act, as drnc~dsd by this Act, cease and determine and shall not be enf~rceable:

Provided that nothing contained in this section shall

he deemed to invalidate any suit or proceeding in which the decree or order passed bas been executed or satisfied in full before the said date.

I . , 3 i' b r , ,, ,,, ,, % , : , ' . d

. , a

4. - . C * . ru-. .. ,.

..- *,.

. '

IOOVSRNMENT OF TAMIL NAOU . . . . , Registered No M ?i

f%6 .. (Price 181 pIsK

TAA4IL ?NADU

G O V E R N M E N T GAZETTE

E X T R A 0 RDINA KY P U B L ~ S H C D BY AUTHORIT;

No. 191 ^{. ,}MADRAS, THURSDAY,q JANUARY 1 1, 1996'' :; .*,

Margazhf 27, Yuva., ThivvaUu var Aandu-2026 . __ .-,- .-."..- - I - . - --

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Part IV-S&iitich '2 , .' \ T d Nadu Acto and Chkamt - * '

The following Act cf the Tamil Nadu +'Legislativa m b l y received tb wmt

of the President an the 5th January 1996 and is hereby pablbhed for m i - s tion : -

Am No. 2 OF 1996.;

I An Act further to amend the M&a# CiQ T^~^w^@^* Pdbcdbn Act, 1981, BB it euaoted by the Legislative Assembly of the State of Tamil Nadn in Ma m-

mth Year of the Republic of India as follows : -

1. (1) This Aot may be called tbe Madras City Tenants' Prctwtion (m Short Qttta aad

maat) Act, 1994. [OD-.

(2) I t shall come irto force at once.

) TamilNadu Aot 2. I n section 1 of the Madras City ' h n a ~ t s ' Prrtectlon Act, 1921 (h-tdfi A m a ( o a + rt

, 111 of 1922. ref erred to as the principal Act), in sub-section (3), in the fil st proviso, aftm chase go), srdion 1.

b the follcwing clause shall be added, namely : - I

"(f) by any religious institution or religious charity Belonging to Hindu,

Muslim, Christian or other ~eligiorl

Explartntlo~l. - For the purpgse of this elatise,- I (A) c'religious insti'utica " means any-

4k (i) temple ; (il) matb ; tiifl moquor , . , * , , . '. ! T i i 4 3 b (A Group) 1V-2 (19)-1

2 . W U GOVEWM5kT GAZETTE EXTXAORIDINARY t

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I QOVt51

(iv) church ; or .,. -.

I " 81 ' , rU T> , '> (v) other place by whateve1 nPme known,

whioh is dedicated to, or for the benefit of, or used e~ oi right by, any community or

:h&n thereof as a place o puulic religious wcr ship ;

(B) '' religious chari, y " means a public charity associated I\ l!h :I religio~s festival or observar.ce ot religious character (including a wakf ass~ci::ted with a religious festival cr observance of religious cha~acter), whether it bc cc,nnec!ed with any religious institution or not :".

3. Every proceeding instituted by a tenant in lespect of 2ny land ~ \ ~ n e d by any

p r o d n g o to religious institution or religiou: charity belonging to Hindu, Muslim, Cluislian or

8-8. othel religion and pending before any ccurt or otner authority or officer on the date of thc publicaticn of this Act in the Tamil Nadu G~.ven~ment Gazette, ~huli, in so far as the proceeding relates to anv mctter falling witllir the scope of the prir ciyal Act,

as am- by this Act, in respect of such land, abate, and all rights and privileges

which may have accrued to tbat tenant in respect of any such land and subsisting

i d * Q before the said dzte such rights and privileges relate to auy rpptter fall@ wit n the of the principal Act, as amended by this Act, 'Y aam afd d e t h i n a gn' shall not be b n f b W e :

Prcvidod that nothing c4atakPbd in this section shall be deemed to invalidate

any oTpr&a&ng-in wtdiJl a dacpee 01 order passed has been executed or

satisfied in full bafo~e the said date.

! (By o r 9 , , ot !he Governor) , . 1 1 . - - .

M. MUNIWMAN,

Secretary to Governmehf, Low Depart1)lent.

PXNIB A ~ D M mmm BY p~ nmcms w ~ ~ Y W Y mm PY? MA~&AS ON B E H . ~ glr 'FHB, P OF TAMIL NMXTC:.;~?~',