(1) As from the commencement of this Act, the Karaikal Tenants Protection Order, 1960 (hereinafter referred to as the said order), is hereby repealed.
(2) Nothing in sub-section (1) shall affect ---
(a) the previous operation of the said order or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said order; or
(c) any penalty, incurred in respect of any offence committed against the said order; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, may be imposed as if this Act had not been passed.
______ 550 STATEMENT OF OBJECTS AND REASONS FOR ACT 9 of 1971 In Mahe, a comprehensive Land Reforms Act is in force. The Government intend bringing a comprehensive measure for tenancy reforms in the remaining areas. Pending introduction of a comprehensive bill, it is necessary to prevent eviction of Cultivating tenants from their holdings so as to give them a fixity of tenure. In Karaikal region, the Karaikal Tenants Protection Order, 1960 is in force.
But there is no such enactment with regard to Puducherry and Yanam regions. It has been decided to extend the Protection to Cultivating tenants in these two regions by enacting a legislation broadly on the model of the Tamil Nadu Cultivating Tenants Protection Act, 1955. The bill is intended for Puducherry, Karaikal and Yanam regions.
The present Bill seeks to achieve the above objects.
STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1982 The Puducherry Cultivating Tenants Protection Act, 1970 was framed on the model of the Tamil Nadu Cultivating Tenants Protection Act, 1955. As per section 4- A of the Tamil Nadu Act (section 5 of our Act) a landlord is permitted to resume one-half of the land leased out for the purpose of personal cultivation. Following a decision of the Madras High Court a situation had arisen in Tamil Nadu in which a landlord can resume possession of one-half of the land under section 4-A of the Tamil Nadu Act irrespective of any disqualification imposed in other sub-sections.
Consequently the revenue courts had allowed a large scale resumption of land. In order to stop this, the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1976 (Act XVIII of 1976) has been enhanced taking away the right of resumption from the landlords in any circumstances.
Though the number of cases in which lands have been resumed by landlords for personal cultivation may not be high in this Union territory, it is considered it will be fit and proper to disallow the entitlement of landlords to resume one-half of the land leased out for the purpose of personal cultivation in this Union territory on par with Tamil Nadu.
The Bill seeks to achieve the above objects.
_________