Section 2

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

In this Act, unless the context otherwise requires, -- *[ (1) “adult unmarried person” means an unmarried person who has attained eighteen years of age;] *[ (1A)] “Agricultural labourer” means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs; (2) “Agricultural year” means the year commencing with the 1st April in any year and ending with the 31st March of the year next succeeding, provided that the Collector may, with respect to any crop, area or category of land, by notification in the Official Gazette, specify the year between such other dates, as he may deem fit, as an agricultural year; *[ (2A) “appellate authority” means an appellate authority constituted under section 109A]; (3) “ceiling area” means the extent of land specified in section 92 as the ceiling area; (4) “Collector” means the chief officer in charge of the revenue administration of the Union territory of Puducherry, and includes in relation to any function to be performed by the Collector under this Act, such other officer not below the rank of a gazetted officer as the Government may, by notification in the Official Gazette, appoint for the purpose; (5) “commercial site” means any land *[(not being a kudiyiruppu or kudikidappu or karaima)] which is used principally for the purposes of any trade, commerce, industry, manufacture or business; (6) “court” means where a particular court is not specifically mentioned, the court having jurisdiction, under the law for the time being in force relating to civil procedure, to entertain the suit for the possession of the holding or part thereof to which any legal proceeding under this Act relates; * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 61 (7) “cultivate” with its grammatical variations means cultivate either solely by one’s own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both, provided that such members or hired labourers have not agreed to pay or to take any fixed proportion or the produce of the land they cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it *[and in the case of a member of the Armed Forces or a seaman, “cultivation” includes cultivation on his behalf by any other person]. Explanation. – For the purposes of this clause, “members of family” shall mean, -- (i) in the case of lands held by a joint family, members of such family; and (ii) in any other case, wife or husband, as the case may be, and the lineal descendants; (8) “cultivating tenant” means a tenant who is in actual possession of, and is entitled to cultivate, the land comprised in his holding; (9) “customary dues” means anything, other than rent, michavaram or renewal fees, -- (i) payable in cash or in kind by a tenant to his landlord; or (ii) allowed to be taken by the landlord form the holding. periodically or on the happening of any event or on the occasion of any festival, and includes onakazhcha, utsavakoppu, perunnalkazhcha, nombacharam and vishoukazhcha; (10) “double-crop nilam” means nilam on which more than one crop of paddy is ordinarily raised in an agricultural year; (11) “dry land” means land which is not nilam, garden or palliyal land; (12) “eviction” means the recovery of possession of land from a tenant or the recovery of a kudikidappu from the occupation of the kudikidappukaran; (13) “fair rent” means the rent payable by a cultivating tenant under section 33 or section 37 or section 39; 62 (14) “family” means husband, wife and their unmarried minor children or such of them as exist; (15) “garden” means land used principally for growing coconut tree, arecanut trees or pepper vines, of any two or more of the same; (16) “Government” means the Administrator of the Union territory of Puducherry appointed by the President of India under article 239 of the Constitution; (17) “gross produce”, in the case of a nilam means the normal produce of than nilam less the cost of harvesting and, in the case of a garden or dry land, means the normal produce of that garden or dry land: *[ omitted ] *[ (18) “holding” means a parcel or parcels of land held under a single transaction by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate holding. Explanation I. – Where by act of parties or by operation of law, the interest of the tenant in his holding has been severed before the commencement of the Mahe Land Reforms (Amendment) Act, 1980, splitting up the holding into two more parts, or where a portion of the holding has been sub-leased, before the commencement of this Act, each such part or, as the case may be, each of the portions retained by the tenant and sub-leased, shall be deemed to be a separate holding. Explanation II. – Any land in respect of which a person is deemed to be a tenant under section 4, section 4A, section 4B, section 5, section 6, section 6A or section 6B shall be a holding for the purposes of this Act; (19) “improvement” means any work or product of a work which adds to the value of the holding, and includes --- (a) the erection of dwelling houses, building, appurtenant thereto and farm buildings; (b) the construction of tanks, wells, channels, dams and other works for the storage or supply of water for agricultural or domestic purposes; (c) the preparation of land for irrigation; (d) the conversion of single-crop into double-crop land; * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 63 (e) the drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or of waste-land which is culturable; (f) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes; (g) the renewal or reconstruction of any of the foregoing works, or alternations therein or additions thereto; and (h) the planting or protection and maintenance of fruit trees, timber trees and other useful trees and plants; (20) “intermediary” means any person who, not being a landowner, has an interest in the land and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to any other person. Explanation. – Where such a person has transferred possession only of a portion of the land which he is so entitled to possess, he shall be deemed to be an intermediary in respect of that portion]; (21) “joint family” means a Hindu undivided family, a marumakkathayam tarwad or tavazhi, an aliasanthana kutumba or kavaru or a nambudiri illam; *[(21A) “kaipad system of cultivation” means the system of cultivation, by whatever name called, under which paddy is cultivated on land which is saline either throughout the year or during any part of the year, by raising small mounds of earth and sowing seeds or planting seedlings thereon, whether the mounds are demolished after such sowing or planting or not]: *[ (22) “kanam” means --- (a) the transfer for consideration, in money or in kind or in both, by a person of an interest in specific immovable property to another person, and described in the document evidencing the transaction as kanam or kanapattam, the incidents of which transfer include – (i) a right in the transferee to hold the said property liable for the consideration paid by him or due to him; (ii) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties; and (iii) payment of michavaram or customary dues, or renewal on the expiry of any specified period; or * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 64 (b) the transfer for consideration in money or in kind or in both by a person of an interest in specific immovable property to another person for the latter’s enjoyment, whether described in the document evidencing the transaction as otti, karipanayam, Panayam, pattapanayam, nerpanayam or by any other name, and which has the incidents specified in items (i) and (ii) of sub-clause (a) and also one or more of the following incidents: -- (A) renewal on the expiry of any specified period; (B) payment of michavaram; (C) payment of customary dues; Explanation. – For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document;] *[ (23) “Kanam-kuzhikanam” means a transfer by a landlord to another person of garden lands or of other lands or of both -- (i) with all or any of the trees, if any, standing thereon at the time of the transfer; or (ii) without such trees, for the purpose of planting trees or pepper vines or both thereon and for the enjoyment of the trees transferred, if any, the incidents of which transfer includes -- (a) a right in the transferee to hold the said lands liable for the consideration paid by him or due to him, which consideration is called ‘kanartham’; and (b) the liability of the transferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties;] *[ (23A) “karaima” means a transfer of lands in consideration of ground rent, principally for the purpose of erecting a homestead, and described as karaima in the document, if any, evidencing the transfer; (23B) “karinilam” means lands, by whatever name known, -- (i) reclaimed from swampy areas called “kari” with black and loose peaty soil, the sub-soil of which consists of partially decomposed organics matter;and ‘ _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 65 (ii) in which paddy is cultivated;] *[ (24) “kudikidappukaran” means a person who has neither a homestead nor any land exceeding in extent five cents in possession either as owner or as tenant, on which he could erect a homestead, and --- (a) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (b) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land; and “kudikidappu” means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto. Explanation I. – For the purposes of this clause, --- (a) “hut” means any dwelling house constructed by a person other than the person permitted to occupy it --- (i) at a cost, at the time of construction, not exceeding seven hundred and fifty rupees; or (ii) which could have at the time of construction yielded a monthly rent not exceeding seven rupees and fifty paise, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with the provisions of section 87; and (b) “homestead“ means, unless the context otherwise requires, any dwelling house erected by the person permitted to have the use and occupation of any land for the purpose of such erection, and includes any such dwelling house reconstruction by the kudikidappukaran in accordance with the provisions of section 87. Explanation II. – Notwithstanding any judgment, decree or order of any court, a person, who, on the 22nd day of March, 1968, was in occupation of any land and the dwelling house thereon (whether constructed by him or any of his predecessors-in-interest or belonging to any other person) and continued to be in such occupation till the 24th January, 1971, be deemed to be a kudikidappukaran: Provided that no such person shall be deemed to be a kudikidappukaran, if--- (a) in cases where the dwelling house had not been constructed by such person or by any of his predecessors-in-interest, if --- _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 66 (i) such dwelling house was constructed at a cost at the time of construction, exceeding seven hundred and fifty rupees; or (ii) such dwelling house could have, at the time of construction, yielded a monthly rent exceeding seven rupees and fifty paise, or (b) if he has a building or is in possession of any land exceeding in extent five cents either as owner or as tenant, on which he could erect a building. Explanation III. - Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu rights shall revive on the redemption of the mortgage, provided that he has at the time of the redemption no other homestead or any land exceeding five cents in possession either as owner or as tenant, on which he could erect a homestead. Explanation IV. - Where a mortgagee with possession erects for his residence a homestead, or resides in a hut already in existence, on the land to which the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be deemed to be a kudikidappukaran in respect of such homestead or hut, provided that at the time of redemption --- (a) he has no other kudikidappu or residential building belonging to him, or any land exceeding five cents in possession either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed two thousand rupees. Explanation V. - Where a kudikidappukaran transfers his rights in the kudikidappu to another person, such person shall be deemed to be a kudikidappukaran if --- (a) he has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed two thousand rupees; Explanation VI. – For the removal of doubts it is hereby declared that a person occupying a homestead or hut situate on a land held or owned by the Government of the Union territory of Puducherry or the Government of any State in India or the Government of India shall not be deemed to be a kudikidappukaran;] 67 (25) “kudiyiruppu” means a holding or part of a holding consisting of the site of any residential building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include a kudikidappu; *[(25A) “kuzhichuvaipum kudiyiruppum” means a transfer by a landlord to another person of garden lands or of other lands or of both, reserving the right to enjoy the fruit-bearing trees standing thereon at the time of the transfer, for the purpose of making improvements thereon, and described as such in the contract of tenancy: (26) “kuzhikanam” means a transfer by a landlord to another person of garden lands or of other lands or of both with all or any of the trees, if any, standing thereon at the time of the transfer, or without such trees, for the purpose of planting trees or pepper vines or both thereon, and for the enjoyment of the trees transferred, if any; ] (27) “landlord” means a person under whom a tenant holds *[omitted], and includes a landowner; (28) “landowner” or “owner” means a person entitled to the absolute proprietorship of land and includes --- (a) a trustee in respect thereof; and *[(b)a kanam tenant]; (29) “Land Board” means the Land Board constituted under section 110; (30) “Land Tribunal” means a Land Tribunal constituted under section 109; (31) “licensee” means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreement, cultivates that nilam with paddy for a remuneration and with the risk of cultivation, but does not include a person who cultivates the nilam of another merely as an agent or servant; *[(31A). “local authority” means a local authority as defined in the Puducherry Municipalities Act, 1973(Act No.9 of 1973)]; *[(32) “Mahe” means the sub-taluk of Mahe in the Union territory of Puducherry]; (33) “member of the Armed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India; _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 68 *[ (34) “michavaram” means the money or produce or both specified as michavaram in the document evidencing the transfer by a person of an interest in specific immovable property to another person, and includes the balance of money or produce or both payable periodically under the document evidencing such transfer after deducting from the money or produce or both due to the transferor, the interest due on the amount advanced to the transferor, but does not include customary dues; (34A) “minor” means a person who has not attained the age of eighteen years]; (35) “net income” means income derived from any property after deducting thereform the cultivation expenses or charges for maintaining fruit trees, timber trees or other useful trees and plants, and taxes and cesses due to the Government or any local authority. (36) “nilam” means land adapted for the cultivation of paddy; *[ (36A) “normal produce” in respect of any land means the produce which would be raised on that land if the rainfall and the seasons were of a normal character: Provided that the normal produce in respect of any nilam irrigated with water for the first time after the commencement of the tenancy in respect of that nilam from an irrigation work constructed, repaired or maintained wholly at the cost of the Government or the local authority or a co-operative society within the meaning of the Puducherry Co-operative Societies Act, 1972, or by the tenant shall be determined as if the nilam had not been so irrigated: Provided further that in determining the normal produce in the case of any double-crop nilam, account shall be taken as though only a single paddy crop which shall be the principal crop has been raised on the land if it had been converted from single-crop into double-crop nilam at the tenant’s expense and as though two paddy crops have been raised on the land in other cases. Explanation. – In ascertaining the normal produce, the yield of the second crop shall be deemed to be half of that of the principal crop which shall be deemed to be the first crop: (36B) “Ottikuzhikanam” means a transfer for consideration by a person to another of any land other than nilam for the enjoyment of that land and for the purpose of making improvements thereon, but shall not include a mortgage within the meaning of the Transfer of Property Act, 1882 (Central Act 4 of 1882)]; _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 69 (37) “palliyal land” means land which is used ordinarily for raising seedlings of paddy and includes land so used and known as pallimanayal, myal, potta nijal, njattadi or banabettu; (38) “pay” with its grammatical variations includes deliver: (39) “person” shall include a company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property; *[ (40) “possession” in relation to land includes occupation of land by a person deemed to be a tenant under section 4, section 4A, section 4B, section 5, section 6 or section 6A;] (41) “prescribed” means prescribed by rules made under this Act; (42) “rent” means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person so permitting, and includes michavaram, but does not include customary dues; (43) “resumption” means the recovery of possession of land from a tenant; (44) “Scheduled Castes” means the Scheduled Castes in relation to the Union territory of Puducherry as specified in the Constitution (Puducherry) Schedule Castes Order, 1964; (45) “seaman” means every person (including a master, pilot or apprentice) employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies; (46) “small holder” means a landlord who does not have interest in land exceeding eight standard acres or *[ten acres] in extent, whichever is less, as owner, intermediary, or cultivating tenant, or in two or more of the above capacities, so, however, that the extent of non-resumable land in his possession as owner, or as cultivating tenant, or partly as owned and partly as cultivating tenant, does not exceed --- (i) *[two and a half standard acres]; or (ii) four acres in extent, whichever is greater. _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 70 Explanation. – For the purposes of this clause, a person who was in possession of, or had interest in, land exceeding the limits specified in this clause immediately before the 28th April, 1962, but such extent of land was reduced to the said limits or below by partition or transfer effected after the date mentioned above, shall not be deemed to be a small holder; nor shall such partition or transfer entitle the allottee or transferee to exercise the rights of a small holder in respect of the land allotted or transferred to him; (47) “standard acre” means, in relation to any class of land specified in Schedule I, the extent of land specified against it in that Schedule; *[(48) “tenant” means any person who has paid or has agreed to pay rent or other consideration for his being allowed to possess and to enjoy any land by a person entitled to lease that land, and includes --- (a) the heir, assignee or legal representative of, or any person deriving rights through, any such person who has paid or has agreed to pay rent or other consideration, (b) an intermediary, (c) a kanamdar, (d) a kanam-kuzhikanamdar, (e) a kuzhikanamdar, (f) an ottikuzhikanamdar, (g) a varamdar, (h) a verumpattamdar, (i) the holder of a kudiyiruppu, (j) a person holding lands under a kuzhichuvaipum kudiyiruppum, (k) the holder of a karaima, and (l) a person who is deemed to be a tenant under section 4, section 4A, section 4B, section 5, section 6, section 6A or section 6B;] (49) “timber trees” means trees, the yield or income from which has not to be taken into account for the determination of fair rent; (50) “to hold land” means to be in possession of land as owner or as tenant or partly as owner and partly as tenant *[or, in respect of any land owned by the Government, to be in occupation either as lessee or otherwise]; (51) “Union territory” means the Union territory of Puducherry; _____________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 71 (52) “usufructuary mortgage” means a transaction wherein the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorizes him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage- money, or partly in lieu of interest or partly in payment of the mortgage-money; (53) “varam” means an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertakes cultivation under such arrangement, and includes the arrangements known as pathivaram, pankuvaram and pankupattam; and “varamdar” means the person who undertakes cultivation under a varam arrangement; (54) “verumpattamdar” means a lessee or sub-lessee of immovable property, whether called verumpattamdar, or venpattamdar, who has expressly or impliedly contracted to hold the same under a lease with or without security for rent, but does not include a kanamdar, kanam-kuzhikanamdar, or kuzhikanamdar. *[ (55) “village officer or karnam” means the person appointed as a village officer in respect of a village; (56) “wakf” means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim Law or any other law in force as pious, religious or charitable, and includes a wakf by user, but does not include a wakf such as is described in section 3 of the Musalman Wakf Validating Act, 1913 (Central Act 6 of 1913) under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any member of his family or descendants.] CHAPTER - II PROVISION REGARDING TENANCIES Exemptions