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Section 20: Right to restoration of possession

The Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961.State Act of Tamil Nadu · Act 57 of 1961

(1) Any cultivating tenant under any public trust, who has been evicted except in accordance with the provisions of sections 7, 15 (2) and 19 may make an application to the authorized officer within whose jurisdiction the land from which he was evicted is situated, within a period of six months from the date of such eviction for the restoration to him of the possession of the land from which he was evicted and to hold it with all the rights and subject to all liabilities of a cultivating tenant.

Provided that the application may be received after the period of six months aforesaid if the authorized officer, for reasons to be recorded in writing, is satisfied that the applicant had sufficient cause for not applying within that period.

(2) (a) On receipt of an application under sub-section (1), the authorized officer shall, after giving a reasonable opportunity to the trustee of the public trust and the person, if any, in possession of the land, to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it.

(b) In passing an order under clause (a) allowing the application, the authorized officer may impose such conditions as he may consider just and equitable including conditions in regard to the reimbursement by the applicant of the public trust or any other person in possession of the land in respect of the expenses incurred or the labour contributed by him during the period when the applicant was not in possession, in respect of any crop which has not been harvested, if an agreement is not reached between the parties as regards the amount and manner of such reimbursement.

Explanation: In lieu of imposing any condition relating to reimbursement as provided in clause (b), the authorized officer may, in his discretion, postpone the restoration of the possession of the land to the applicant until the harvest of any crop standing at the time when the order is passed.

*20-A. Special privileges for members of the Armed Forces.- (1) 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 authorized officer, be entitled to resume possession from his sub-tenant, of the land sub-let by him.

(2) The provisions of sub-section (2) of section 20 shall, as far as may be, apply to an application under sub-section (1), as they apply to an application by a cultivating tenant under sub-section (1) of section 20.

____________________________________________________________________ *See Table of Amendments

(3) Where a member of the Armed Forces dies while in service, the special privileges conferred by this Act on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death.

Where this provision sits

ActThe Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961.
Section20
Marginal noteRight to restoration of possession
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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