Bare ActsThe PUDUCHERRY CULTIVATING TENANTS PROTECTION ACT, 1970

Section 6

Amendment status not verified — confirm the current text below against the official source.

(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 544 *[(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 545 (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.

Section 6 – The PUDUCHERRY CULTIVATING TENANTS PROTECTION ACT, 1970 | DailyLaw.ai