puducherry · Act 9 of 1971

19THE PUDUCHERRY CULTIVATING TENANTS PROTECTION ACT, 1970

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 536

 
THE PUDUCHERRY CULTIVATING TENANTS 

PROTECTION ACT, 1970 
(No. 9 of 1971) 

________________________________________________________________________ 
 

ARRANGEMENT OF SECTIONS 
 

SECTION 
 

1. Short title, extent and commencement. 

2. Definitions. 

         2A. Act not to apply in certain cases. 

3. Landlords not to evict cultivating tenants. 

4. Rights to restoration of possession. 

5. Right of certain landlord to resume land for personal cultivation. 

6. Special privileges for members of the Armed Forces. 

7. Execution of lease. 

8. Bar of jurisdiction of Civil Courts. 

9. Transfer of certain suits to the Revenue Courts by Civil Courts. 

          10. Revision by the High Court. 

          11. Transfer of application or other proceeding by High Court. 

          12. Surrenders. 

          13. Abandonment by cultivating tenant. 

          14. landlord to take possession in specified cases. 

          15. Penalty. 

          16. Power to make rules. 

          17. Repeal and savings. 

 
 
 

________ 
 
 



 537

 
THE PUDUCHERRY CULTIVATING TENANTS 

PROTECTION ACT, 1970 
 

(Act No. 9 of 1971) 
30th March, 1971. 

AN ACT 
for the protection from eviction of cultivating tenants and matters incidental 

thereto in certain areas in the Union territory of Puducherry. 
 
BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first 

Year of the Republic of India as follows: 
 

Short title, extent and commencement 
1. (1) This Act may be called the Puducherry Cultivating Tenants Protection 

Act, 1970. 
     (2) It extends to the regions known as Puducherry, Karaikal and Yanam in 

the Union territory of Puducherry. 
     (3) It shall come into force on such 1date as the Government may, by 

notification in the Official Gazette, appoint: 
 
Provided that different dates may be appointed for different provisions of 

this Act or for different areas and any reference in any such provision to the 
commencement of this Act shall be construed, in relation to any area, as a reference 
to the coming into force of that provision in such area. 

Definitions. 
2. In this Act, unless the context otherwise requires:- 
 
(a) “cultivating tenant” means a person who contributes his own physical 

labour or that of any member of his family in the cultivation of any land belonging 
to another, under an agreement express or implied on condition of paying rent 
therefor in cash or in kind or delivering or receiving a share of the produce and 
includes -- 

(i) any such person who continues in possession of the land after the 
determination of the agreement; 

(ii) the heir of such person, if the heir contributes his own physical labour or 
that of any member of his family in the cultivation of such land; 

(iii) a sub-tenant if he contributes his own physical labour or that of any 
member of his family in the cultivation of such land; 
 
______________________________________________________________________________ 

1. The Act came into force in Puducherry, Karaikal and Yanam regions on the 10th day of April 1971 vide Notification 
No. 6896/70/E, dated 10th April 1971. 

______________________________________________________________________________ 



 538

   (iv) any such sub-tenant who continues in possession of the land 
notwithstanding that the person who sublet the land to such sub-tenant ceases to 
have the right to possession of such land; and 

 
    (v) a person who cultivates the land on payment of waram; 

but does not include a mere intermediary or his heir; 
 

(b) “cultivation” means the use of lands for the purpose of agriculture or 
horticulture and a person 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; 

(c) “garden land” means dry land irrigated by lifting water from wells or 
other sources; 

(d) “Government” means the Administrator appointed by the President 
under article 239 of the Constitution; 

(e) “holding” means a parcel or parcels of land held by a cultivating tenant; 
(f) “land” means land used for the purpose of agriculture or horticulture and 

includes any building, or any waste, vacant or forest land, appurtenant thereto, and 
any house-site belonging to the landlord and let to the cultivating tenant under the 
same agreement of tenancy; 

 
1[(g) landlord” in relation to a holding or part thereof means the person 

entitled to receive the rent due in respect of such holding or part;] 
 
(h) “prescribed” means prescribed by rules made under this Act; 
 
(i) “Revenue Court” means the Revenue Court constituted by notification in 

the Official Gazette by the Government; and 
 
(j) “Wet land” means land registered as such in the revenue accounts. 
 
Explanation. --- One hectare of wet land shall be deemed to be equivalent to 

one and a half hectares of garden land or three hectares of dry land and any 
reference to hectares of wet land shall be deemed to include a reference to dry or 
garden land reduced to their equivalent extent of wet land. 

 
 
 
 

_______________________________________________________________________ 
1. Substituted by Act 9 of 1972, section 2, with effect from 10-4-1971. 
__________________________________________________________________________________________________________ 

 

 



 539

1 [Act not to apply in certain cases. 
 
     2-A. Nothing in this act shall apply, to --- 
 

    (i) leases or tenancies of lands belonging to or vested in the Government of the 
Union territory of Puducherry, the Central Government, a State Government, a local 
authority, or a corporation owned or controlled by any of the said Governments, or 
authority; or 

 
    (ii) leases or tenancies of lands created by the Administrator General or the 

Official Trustee or an Official Receiver or officer appointed by a Court under the provisions 
of any law, or by any person holding under or deriving title from any of the Officers 
aforesaid.] 

 
Landlords not to evict cultivating tenants. 

 
3. (1) Notwithstanding anything to the contrary in any law, custom, usage or 

contract or any decree or order of court, no cultivating tenant shall be evicted from his 
holding or any part thereof, by or at the instance of his landlord except as provided in this 
section. 

 
(2) Subject to the next succeeding sub-section, sub-section (1) shall not apply to a 

cultivating tenant --- 
 

     (a) who, in the areas where the Karaikal Tenants Protection Order, 1960 was in 
force immediately before the commencement of this Act, if in arrear at such commencement 
with respect to the rent payable to the landlord does not pay such within such time as may 
be prescribed or who in respect of rent payable to the landlord after the commencement of 
this Act, does not pay such rent within a month, after such rent becomes due; or 

 
     (b) who, in the other areas, if in arrear at the commencement of this act, with 

respect to the rent payable to the landlord and accrued due subsequent to 31st March, 1970, 
does not pay such rent within such time as may be prescribed, or who in respect of rent 
payable to the landlord after the commencement of this Act, does not pay such rent within 
a month after such rent becomes due; or 

 
    (c) who has done any act or has been guilty of any negligence which is destructive 

of, or injurious to, the land or any crop thereon or has altogether ceased to cultivate the 
land; or who has used the land or any purpose not being an agricultural or horticultural 
purpose; or 

 
    (d) who has wilfully denied the title of the landlord to the land; 
 
 

______________________________________________________________________________ 
1. Inserted by Act 9 of 1972, section 3, with effect 
 from 10-4-1971. 



 540

Explanation. --- A denial of the landlord’s title under a bona fide mistake of 
fact is not wilful within the meaning of this clause. 

 
(3) (a) A cultivating tenant may deposit in Court the rent or, if the rent be 

payable in kind, its market value on the date of deposit, to the account of the 
landlord:- 

 
    (i) in the case of rent accrued due subsequent to the 31st March, 1970 

within such time as may be prescribed; 
 
    (ii) in the case of rent accrued due after the commencement of this Act, 

within a month after the date on which the rent accrued due. 
 
(b) (i) The court shall cause notice of the deposit to be issued to the landlord 

and determine, after a summary inquiry, whether the amount deposited represent 
the correct amount of rent due from the cultivating tenant and if the Court finds 
that any further sum is due, it shall allow the cultivating tenants such time as it may 
consider just and reasonable having regard to the relative circumstances of the 
landlord and the cultivating tenant, for depositing such further sum inclusive of 
such costs as the court may allow. 

 
     (ii) If the Court adjudges that no further sum is due, or if the cultivating 

tenant deposits within the time allowed such further sum as is ordered by the 
Court, the cultivating tenant shall be deemed to have paid the rent within the 
period specified in the last foregoing sub-section. 

 
     (iii) If, having been ordered to deposit a further sum, the cultivating 

tenant fails to do so within the time so allowed by the Court, the landlord may evict 
the cultivating tenant as provided in sub-section (4). 

 
Explanation. --- The expression “Court” in this sub-section means the Court 

which passed the decree or order for eviction or where there is no such decree or 
order, the Revenue Court. 

 
(4) (a) Every landlord seeking to evict a cultivating tenant falling under sub-

section (2), shall, whether or not there is an order or decree of a Court for the 
eviction of such cultivating tenant, make an application to the Revenue Court and 
such application shall bear a court-fee stamp of one rupee. 
 
 
 
 
 



 541

(b) (i) On receipt of such application, the Revenue Court shall, after giving a 
reasonable opportunity to the landlord and the cultivating tenant to make their 
representations, hold a summary inquiry into the matter and pass an order either 
allowing the application or dismissing it and in a case falling under clause (a) or (b) 
of sub-section (2) in which the tenant had not availed of the provisions contained in 
sub-section (3), the Revenue Court may allow the cultivating tenant such time as he 
considers just and reasonable having regard to the relative circumstances of the 
landlord and the cultivating tenant for depositing the arrears of rent payable under 
this Act inclusive of such costs as he may direct. 

 
    (ii) If the cultivating tenant deposits the sum as directed he shall be 

deemed to have paid the rent under clause (b) of sub-section (3) and if the 
cultivating tenant fails to deposit the sum as directed, the Revenue Court shall pass 
an order for eviction. 

 
Right to restoration of possession. 

 
4. (1) Every cultivating tenant who was in possession of any land on the 

1st December, 1969 and who is not in possession thereof at the commencement of 
this Act shall, on application to the Revenue Court, be entitled to be restored to such 
possession on the same terms as those applicable to the possession of the land on 
the 1st December, 1969. 
 

(2) Nothing in sub-section (1) shall be deemed to entitle any such cultivating 
tenant to restoration of possession:- 

 
     (i) If, at the commencement of this Act, he is in possession, either as owner 

or as tenant or as both, of land exceeding the extent specified in the Explanation 
below or if he has been assessed to any sales tax, profession-tax or income-tax 
under the respective laws relating to the levy of such taxes during 1967-68 or 1968-
69; or 

 
     (ii) If the landlord, after evicting such cultivating tenant from the land has 

been carrying on personal cultivation on the land provided as follows: -- 
 
(a) the total extent of land held by such landlord inclusive of the land, if any, 

held by him as a tenant does not exceed the extent specified in the Explanation 
below; and 
 

(b) the landlord has not been assessed to any sales tax, profession-tax or 
income-tax under the respective laws relating to the levy of such taxes during 1967-
68 or 1968-69; or 
 



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(iii) If subsequent to the 1st December, 1969 the landlord has bona fide 
admitted some other cultivating tenant to the possession of the land and such other 
tenant has cultivated the land before the commencement of this 
Act: 
 

Provided that where such other tenant is in possession, either as owner or as 
tenant or as both of any other land which exceeds the extent specified in the 
Explanation below and the cultivating tenant who was evicted is not in possession 
of any land or is in possession of any other land which is less than the extent 
specified in the said Explanation, the cultivating tenant shall be entitled to 
restoration of possession. 

 
Explanation. -- The extent referred to in clause (i) to (iii) above is 2 2/3 

hectares of wet land. 
 
(3) Every application to the Revenue Court under sub-section (1), shall be 

made within such time as may be prescribed and shall bear a court- fee stamp of 
one rupee: 

 
Provided that the application may be received after the prescribed period, if 

the applicant satisfies the Revenue Court that he had sufficient cause for not 
making the application within that period. 

 
(4) On receipt of an application under sub-section (3), the Revenue Court 

shall, after giving a reasonable opportunity to the landlord and the cultivating 
tenant, if any, in possession of the land, to make their representations, hold a 
summary inquiry into the matter and pass an order either allowing the application 
or dismissing it and in passing an order allowing the application, the Revenue 
Court may impose such conditions as it may consider just and equitable including 
conditions in regard to:- 

 
     (i) the payment by the applicant of any arrear of rent already due from 

him to the landlord, but not exceeding one year’s rent, and 
 
     (ii) the reimbursement by the applicant of the landlord or the other 

cultivating tenant in respect of the expenses incurred or the labour done by him 
during the period when the applicant was not in possession, 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. 
 
 
 
 



 543

Explanation. - In lieu of imposing any condition in relation to 
reimbursement as provided in clause (ii), 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) Any cultivating tenant who after the commencement of this Act has been 

evicted except under the provisions of sub-section (4) of section 3 shall be entitled to 
apply to the Revenue Court within two months from the date of such eviction for 
the restoration to him of the possession of the lands from which he was evicted and 
to hold them with all the rights and subject to all the liabilities of a cultivating 
tenant and the provisions of sub-section (4) shall, so far as may be, apply to such an 
application: 

 
*[provided that the Revenue Court may, if satisfied that the applicant had 

sufficient cause for not making the application within the said period of two 
months, consider the application even after expiry of such period]. 

 
5. **[Omitted] 
 

Special privileges for members of the Armed Forces. 
 
6. (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. 

 
7. (1) In the case of every tenancy agreement entered into after the coming 

into force of this Act between a cultivating tenant and a landlord, a lease deed shall 
be executed in triplicate in the prescribed form, within a reasonable time after the 
commencement of such tenancy, specifying the name and description of the 
cultivating tenant, the name (if any), survey number, description and extent of the 
land leased out, and the terms of the tenancy; and shall be signed both by the 
landlord or his agent and by the cultivating tenant. One of the three copies shall be 
kept by the landlord, one shall be kept by the cultivating tenant and the third shall 
be caused to be lodged in the Taluk Office or Sub-Taluk Office, as the case may be, 
by the landlord or his agent within a fortnight of the date on which the cultivating 
tenant signs it: 

 
Provided that if the landlord or the cultivating tenant refuses or delays 

unreasonably to execute the lease deed, it shall be open to the cultivating tenant or 
the landlord, as the case may be, to lodge the deed in the Taluk Office or the Sub-
Taluk Office, as the case may be, with a declaration that the other party has refused 
or delayed unreasonably to execute it. 
 

(2) No stamp need be affixed to the lease deed. 
 
 



 546

 
(3) In the case of any tenancy, if the landlord or his agent or the cultivating 

tenant refuses to sign or fails to lodge the lease deed in accordance with the 
provisions of sub-section (1), the Revenue Court may impose on the landlord or the 
cultivating tenant, as the case may be, a penalty which may extend to fifty rupees; 
and any penalty so imposed may be recovered as it were an arrear of land revenue. 

Bar of jurisdiction of Civil Courts 
 
8. No Civil Court shall, except to the extent specified in sub-section (3) of 

section 3, have jurisdiction in respect of any matter which the Revenue Court is 
empowered by or under this Act to determine and no injunction shall be granted by 
any Court in respect of any action taken or to be taken in pursuance of any power 
conferred by or under this Act. 

 
Transfer of certain suits to the Revenue Court by Civil Courts. 

 
9. If in any suit before any court for possession of or injunction in relation to 

any land, it is proved by affidavit or otherwise that the defendant is a cultivating 
tenant entitled to the benefits of this Act, the Court shall not proceed with the trial 
of the suit but shall transfer it to the Revenue Court which shall thereupon deal 
with and dispose of it as though it were an application under this Act and all the 
provisions of this Act shall apply to such an application and the applicant. 

 
Revision by the High Court 

 
10. The Revenue Court shall be deemed to be a Court subordinate to the 

High Court for the purposes of section 115 of the Code of Civil Procedure, 1908 
(Central Act 5 of 1908), and its orders shall be liable to revision by the High Court 
under the provisions of that section. 

 
Transfer of application or other proceeding by High Court 

 
11. (1) On the application of any of the parties and after notice to the parties 

and after hearing such of them as desired to be heard, of its own motion without 
such notice, the High Court may, at any stage, transfer any application or other 
proceedings under this Act pending before any Revenue court for disposal to any 
other Revenue Court. 
 
 
 
 
 
 



 547

(2) Where any application or other proceeding has been transferred under sub-
section (1), the Revenue Court which thereafter holds the enquiry may, subject to any 
special directions in the case of an order of transfer, either hold the inquiry de novo or 
proceed from the point at which the said application or other proceedings stood when it 
was transferred. 

 
Surrenders 

 
12. (1) No surrender of land made by a cultivating tenant after the commencement 

of this Act shall be valid unless it is made in such manner as may be prescribed. 
 
    (2) Where a surrender of land is made under sub-section (1) the rights of the 

cultivating tenant shall vest in the Government and the Government may assume the 
management of the land or settle another cultivating tenant thereon. 

 
    (3) Where the management of the land is assumed under sub-section (2) the 

Government shall be liable to pay to the landlord fair rent payable under the Puducherry 
Cultivating Tenants (Payment of Fair Rent) Act, 1970 and the liability of the cultivating 
tenant who has surrendered his holding to pay the rent to the landlord in respect of that 
land shall cease from the date 1[on which the management of the land is assumed by the 
Government]. 

 
Provided that nothing contained in this sub-section shall affect the 

liability of such tenant to pay rent in respect of any period before such date. 
 

     (4) Where in pursuance of surrender under sub-section (1), another cultivating 
tenant has been settled by the Government, 1[the cultivating tenant so settled by the 
Government shall] with effect on and from the date on which he was so settled, pay to the 
landlord fair rent as payable under the Puducherry Cultivating Tenants (Payment of Fair 
Rent) Act, 1970. 

 
Abandonment by cultivating tenant. 

 
13. (1) No landlord shall enter on any land which has been abandoned by a 

cultivating tenant. 
 
(2) If a cultivating tenant abandons his tenancy and ceases to cultivate his holding 

either by himself or by some other person, the landlord of such tenancy shall, within thirty 
days of such abandonment, inform the Government in writing that the cultivating tenant 
has abandoned such tenancy and the Government shall, on receipt of such intimation, 
forthwith take possession of the land appertaining to such tenancy. 
 
 
 
______________________________________________________________________________ 
1. Substituted by Act 9 of 1972. section 5, with effect from 10-4-4971. 



 548

(3) The Government shall pay to the landlord fair rent payable under the 
Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 1970, for the land 
possessed by that Government under sub-section (2) from the date on which the 
Government takes possession of such land. 

 
(4) The Government may settle any other cultivating tenant on any land 

possession of which has been taken under sub-section (2). 
 
(5) The cultivating tenant settled under sub-section (4) shall pay the fair rent 

as payable under the Puducherry Cultivating Tenants (Payment of Fair Rent) Act, 
1970, directly to the landlord and the Government’s liability under sub-section (3) 
with regard to the payment of fair rent for such land shall, on and from the date on 
which the cultivating tenant has been settled on the land, cease. 

 
Landlord to take possession in specified cases. 

 
14. No landlord shall obtain possession of any land held by a cultivating 

tenant at the commencement of this Act, except where such tenant is evicted under 
section 3 or where the land is surrendered or abandoned by a cultivating tenant 
under section 12 or section 13, as the case may be. 

 
Penalty. 

 
15. Whoever contravenes the provisions of section 13 shall, on conviction, be 

punishable with fine which may extend to two hundred and fifty rupees and the 
possession of the land shall be restored to the cultivating tenant. 

 
Power to make rules. 

 
16. (1) The Government may, by notification in the Official Gazette, make 

rules to carry out the purposes of this Act. 
 
(2) All rules made under this Act shall, as soon as may be after they are 

made, be laid before the Legislative Assembly of Puducherry while it is in session 
for a total period of fourteen days, which may be comprised in one session or in two 
successive sessions, and, if before the expiry of the session in which it is so laid or 
the session immediately following, the Legislative Assembly makes any 
modification in the rule or decides that any such rule should not be made, that rule 
shall thereafter have effect only in such modified form or be of no effect, as the case 
may be, so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule. 
 
 



 549

 
Repeal and saving 

 
17. (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. 

 
 

_________ 
 
 
 
 


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