Amendment status not verified — confirm the current text below against the official source.
Nothing in this Chapter shall apply to -- (i) leases of lands or of buildings or of both, belonging to or vested in the Government of the Union territory of Puducherry, the Government of India, the Government of any State in India, a local authority, or a Corporation owned or controlled by any of the said Governments or authority; *[omitted] _____________________________________________________________________ * 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. 72 *[Explanation I. – Lands, the right, title and interest in respect of which have vested in the Government under sub-section (9) of section 74 or section 80, shall not be deemed to be lands belonging to or vested in the Government of the Union territory of Puducherry for the purposes of this clause. Explanation II. – For the purpose of this clause, lands held under leases whether current or time expired at the time when such lands came to belong to or vested in a local authority shall not be deemed to be lands belonging to or vested in a local authority if the lessee or his successor-in-interest was continuing in possession of such lands at the commencement of this Act; or] (ii) leases only of buildings, including a house, shop or warehouse, and the site thereof, with the land, if any, appurtenant thereto. Explanation. – Permission given to a kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the purposes of this clause; or (iii) leases of land or of buildings or of both specifically granted for industrial or commercial purposes; or (iv) tenancies of land or of buildings or of both created by the Administrator-General or the Official Trustee or an Official Receiver of officer appointed by a court under the provisions of any law, or by the court of wards, or by any person holding under or deriving title from any of the officers or the court aforesaid: *[ Provided that the provisions of this clause shall not apply to --- (a) a tenancy created in favour of a person who was a tenant under a lease whether current or time-expired on the date on which the land or building or both came under the control of any of the said officers or the court of wards; or (b) a tenancy renewed in favour of any such person; or (c) a tenancy created not less than thirty years before the commencement of the Mahe Land Reforms (Amendment) Act, 1980 (whether subsequently renewed or not), by an officer appointed by a court under the provisions of any law, if such officer was, before the commencement of the legal proceedings in which he was so appointed, entitled to lease the land to which the tenancy relates: Provided further that the provisions of this clause shall not apply or shall cease to apply to --- _____________________________________________________________________ * 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. 73 (a) a tenancy created by the court of wards, where the landlord on whose behalf the tenancy was created has not terminated or does not terminate the tenancy by registered notice within a period of six months from the date on which the property was released from the superintendence of the court of wards; or (b) any tenancy created by an officer appointed by a court under the provisions of any law, where the person declared or found by the court to be entitled to possess the land or any person acting on his behalf has not instituted or does not institute legal proceedings to put him in possession of such land within a period of five years from the date on which such declaration or finding became final; or; ] (v) tenancies in respect of land or of buildings or of both created by mortgages in possession or by persons deriving title from such mortgages; *[omitted]. *[provided that nothing in this clause shall apply to such tenancies — (i) created before the commencement of this Act; or (ii) created before the commencement of this Act, where the lessee is entitled to fixity of tenure under section 6; or (iii) where the mortgagee or his successor-in-interest, has acquired or acquires equity of redemption; or;] (vi) tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both: *[ Provided that the provisions of this clause shall not apply to a tenancy created by a nissanthathi kavaru in respect of lands or of buildings or of both over which the nissanthathi kavaru has only a life interest. ________________________________________________________________________ * 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. 74 Explanation. - For the purposes of this proviso, -- (i) ‘nissanthathi kavaru’ means a kavaru which is not a santhathi kavaru; (ii) ‘santhathi kavaru’ means a kavaru of which at least one member is a female who has not completed the age of fifty years; (iii) (a) ‘kavaru’, used in relation to a female, means the group of persons consisting of that female, her children and all her descendants in the female line; (b) ‘kavaru’, used in relation to a male, means the kavaru of the mother of that male: Provided further that the provisions of this Chapter other than sections 61 to 80V shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage or, as the case may be, the life interest or other limited interest subsists;] (vii) tenancies in respect of sites, tanks and premises of any temple, mosque or church *[(including sites belonging to a temple, mosque or church on which religious ceremonies are conducted)] and sites of office buildings and other buildings attached to such temple, mosque or church, created by the owner, trustee or manager of such temple, mosque or church: Provided that nothing in this clause shall affect the rights to which a tenant was entitled immediately before the commencement of this Act under the contract of tenancy or under any law then in force; or (viii) lands transferred for felling trees; or (ix) any transaction relating only to the usufruct of trees or to the tapping of coconut or other palm trees or to the tapping of rubber trees. Certain persons occupying land honestly believing to be tenants, to be deemed tenants *[ 4. (1) Notwithstanding anything to the contrary contained in section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person in occupation at the commencement of the Mahe Land Reforms (Amendment) Act, 1980, of the land of another shall be deemed to be a tenant if he or his predecessor- in-interest was continuously in occupation of such land honestly believing himself to be a tenant for not less than two years within a period of twelve years immediately preceding the 22nd day of March, 1968. ________________________________________________________________________ * 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. 75 Explanation. – Notwithstanding anything contained in the Indian Evidence Act, 1872, where a person has been continuously in occupation of any such land for two years within the said period of twelve years, it shall be presumed until the contrary is proved that he has been in such occupation honestly believing himself to be a tenant. (2) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where on or after the 28th April, 1962, a tenant holding land less in extent than the ceiling area, had executed a deed surrendering his leasehold right to the landlord, but had not actually transferred possession of the land to the landlord before the commencement of this Act, such deed shall be deemed to be invalid and such person shall be deemed to be a tenant. Certain persons occupying land for not less than ten years to be deemed tenants