रजिस्ट्री सं ० डी- डो) -72
REGISTERED No. D- (D) -78
भारत को राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग खण्ड 1
PART II Section 1
Π
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, सोमवार, अगस्त 30, 1976/भाव्र 8, 1898
सं० 127] No.127]
NEW DELHI, MONDAY, AUGUST 30 , 1976/ BHADRA 8 , 1898
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation,
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 30th August , 1976/ Bhadra 8 , 1898 ( Saka)
The following President's Act is published for general information: -
THE TAMIL NADU CULTIVATING TENANTS (PROTECTION FROM EVICTION) ACT , 1976
No. 36 OF 1976
Enacted by the President in the Twenty- seventh Year of the Republic of India.
An Act to provide for the protection from eviction of cultivating tenants who are in arrears with respect to the rent payable to the landlords .
41 of 1976 .
In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature ( Delegation of Powers) Act, 1976 , the President is pleased to enact as follows : -
title, ex- 1. (1 ) This Act may be called the Tamil Nadu Cultivating Tenants Short (Protection from Eviction) Act , 1976 .
(2) It extends to the whole of the State of Tamil Nadu .
tent, com- mence- ment and duration.
(3) It shall be deemed to have come into force on the 16th day of January , 1975 and shall remain in force up to and inclusive of the 15th day of January , 1977 .
Tamil Nadu Act I of1891 ,
(4) Upon the expiry of this Act , the provisions of section 8 of the Tamil Nadu General Clauses Act , 1891 , shall apply as if this Act had then been repealed by a Tamil Nadu Act .
2. In this Act , unless the context otherwise requires ,-
Defini- tions.
(a) "cultivating tenant " means-
(i) a cultivating tenant as defined in clause ( aa) of section 2 of the Tenants Protection Act ; or
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1090
tenant as defined in clause (5) of ( ii) a cultivating section 2 of the Public Trusts Act ;
(b) "Public Trusts Act " means the Tamil Nadu Public Trusta (Regulation of Administration of Agricultural Lands) Act , 1961 ;
Tamil Nadu Act . 57 of 1961.
(c) " Tenants Protection Act" means the Tamil Nadu Cultivat- ing Tenants Protection Act , 1955 ;
Tamil Nadu Act XXV of 1955.
(d) words and expressions used and not defined in this Act but defined in the Tenants Protection Act or in the Public Trusts Act shall have the meanings respectively assigned to them in the Tenants Protection Act or in the Public Trusts Act, as the case may be.
3. During the continuance of this Act ,--
Cultivat- ing ten- ant not to be evi- cted on the ground that he is in arrear .
( i) no application under the Tenants Protection Act or under Chapter III of the Public Trusts Act shall be made by or at the instance of a landlord or a public trust for the eviction of a culti- vating tenant from his holding or any part thereof 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;
(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 .
4. (a) All applications under the Tenants Protection Act or under Chapter III of the Public Trusts Act ; and
(b) all suits , proceedings in execution of decrees or orders and other proceedings,
Stay of applica- tions and suits for evic- tion of a cultivat- ing ten- ant.
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 trust, 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.
Exclusion of time for lhni- tation.
5. In computing the period of limitation or 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 evic- tion shall be excluded.
or Explanation. A decree or order shall be deemed to be a decree order for the eviction of a cultivating tenant , notwithstanding that any other relief is also granted by such decree or order.
SEC. 1 ]
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6. All applications 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 when the application , suit or proceeding was stayed.
Continu- ance of applica- trong and suits and proceed- ings after the ex- piration of the Act
Right to res- pration of posses- Ston of evicted ing ten- cultivat- anta 7. ( 1 ) Any cultivating tenant who had been evicted from any land on or after the 16th day of January , 1975 , but before the date of the publication of this Act 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 Divisional Officer 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 Tenants 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 appli- cant satisfies the Revenue Divisional Officer that he 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 may be , sub - section (2 ) of section 20 of the Public Trusts Act shall , so far as may be , apply to applications under sub -section (1 ) .
Presi- dent's Act 15 of 1976.
Act to Override other lawa, contract, tac.
8. The provisions of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in the Tenants Protection Act . the Public Trusts Act, the Tamil Nadu Indebted Agriculturists (Temporary Relief ) Act , 1976 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 .
FAKHRUDDIN ALI AHMED , President .
K. K. SUNDARAM ,
Secy, to the Govt . of India .
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1976 REGISTERED No. D- (D) -72 रजिस्ट्री सं ० डी-( डी) -72
भारत का राजपत्र The Gazette of India
असावारण
EXTRAORDINARY
भाग ।। खण्ड 1
PART II-Section 1
ASEP 1976
प्रा भिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 128[ No. 128]
नई दिल्ली, बुधवार , सितम्बर 1 , 1976/ মাত্র 10, 1898 NEW DELHI, WEDNESDAY, SEPTEMBER 1 , 1976 / BHADRA το , 1898
इस भाग में भित्र पृष्ठ लब्धा दीजाती है जिससे कि यह अलग संकलम के रूप में रला जा सके ।
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 1st September , 1976 / Bhadra 10, 1898 (Saka)
The following Act of Parliament received the assent of the President on the 31st August , 1976, and is hereby published for general information: ---
THE GOVERNMENT OF UNION TERRITORIES ( AMENDMENT )
ACT , 1976
No. 86 OF 1976
[31st August , 1976 ]
An Act further to amend the Government of Union Territories Act , 1963.
BE it enacted by Parliament in the Twenty -seventh Year of the Republic of India as follows : ---
1. ( 1 ) This Act may be called the Government of Union Territories (Amendment ) Act, 1976.
(2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint .
Short titleand com- mence- ment .
20 of 1965.
2. In section 3 of the Government of Union Territories Act, 1963 (hereinafter referred to as the principal Act ) ,-
Amend- ment of section .
(i) for sub - section ( 4) , the following sub - section shall be sub- stituted , namely : -
" ( 4 ) Seats shall be reserved for the Scheduled Castes in the Legislative Assemblies of the Union territories of Goa, Daman and Diu and Pondicherry , and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa , Daman and Diu ." ;
(ii) in sub -section ( 5) , for the words " of the Union territory of Pondicherry " , the words " of any Union territory " shall be sub- stituted;
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