Amendment status not verified — confirm the current text below against the official source.
Cultwatwg tenantJ, etc., entitled to restoratzon of possesszon.-(1) Any cultivating tenant or holder of a kudiyiruppu or kudikidappukaran, who is a member of any Scheduled Caste or Scheduled Tnbe and who has been, evicted from his holding, kudiyiruppu or kudikidappu, on or after the 1st April, 1964, shall be entitled to restoration of possession of his holding, kudiyiruppu or kudtkidappu, as the case may be. (2) Any person who IS entitled to be restored to possession 'of his holding, kudiyiruppu or kudikidappu under sub-section (I), or any other person on his behalf, may make an application, either orally or in writing, within a period of one year from the commencement of thts Act, or as the case may be, from the date of evtction, whichever is I ~ • , • I 25 later, to the Revenue Divisional Officer having jurisdiction over the area in which the holding, kudiyi1uppu or kudikidnppu, as the case may be, of the applicant or the p<'rson on whose behalf the application has been made is sltuate, for- (a) the restoration of pos,e~sion in cas<'s where the eviction was made after the 1st April, 19n4, but before the 5th July, 1966; and (b) the restoration of possl',sion and prosr-cution of the offender in cases where the eviction was on or after the 5th July, 1966. (3) Tre Revenue Divis~onnl Officer shnll, ou receipt of an application under sub-section (2), ml\ke or came to uc made necc.'ssary inquiries in respect of !UCh application and if lw i~ sat isfif'd that the applicant or the person on whose hl'half the applic.1tion has !Jeen made is entitled to restoration of possession under su!J.qcc:t ion ( l), he shall by order direct the person in possesqion of the holdin~, kudiyiruppu or kudikidappu, as the case may !Je, to deliv<'r posst'qqion of the the same to the applicant or to the person on whose behalf' the application has been made within a period of thirty days from the liate of service of the order: Provided that if the application is ma1le uuder clause (b) of sub- section (2), the Revenue Divisional Officer shall nlso 11le a complaint before the First Class Magistrate having jurisdiction to try the offence under section 4 : Provided further that no 01 dcr under this sub-section shall be made unless the person who is in possession of the property has heen given an opportunity of being heard in the matter. (4) Every order made under sub-section (3) shall be served on the person for whom it is intended - (a) by delivering or tendedng it to that person ; or (b) if it cannot be so delivered or tendered by delivermg or tendering 1t to any agent of such pt'rson or any ndnlt male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or c:u1 ied on businc,s or personally worked for gain ; or failing service by these means ; 01 (c) by registered post. (5) Any person aggrieved hy an order of the Revenue Divisional Officer under sub-section (3) may, within a period oft hirty days from the date of service of the order, prcfi:r an appeal to the Collector of the d•strict and the decision of the Collector on such appeal shall be final. (6) Where an order made under sub-~ect inn (3) has not been complied with, and- (a) no appeal has been p1 efcrred within the time allow~ for such appeal ; or (b) an appeal having been preferred, haN been dismissed, the Revenue Divisional Officer shall cause the holding or kudiyiruppu or kudikidappu, as the case may he, to be delivered to the cultivating • • , 26 tenant or holder of the kudiyiruppu or kudikidappukaran, as the case may be, by putting him in possession of the holding or kudiyiruppu or kud1kidappu, as the case may be, and if need be, by removing any per• son who refuses to vacate the same.