The Pondicherry Occupants of Kudiyiruppu (Protection from Eviction) Act, 1970
The Pondicherry Occupants of Kudiyiruppu (Protection from Eviction) Act, 1970
1. Short title, extent and duration
Short title, extent and duration.
2. Definitions
(ii) does not include house-site or land used exclusively for non-agricultural purposes; (3) "agriculturist" means a person who cultivates agricultural land by the contribution of his own manual labour or of the manual labour of any member of his family; (4) "authorised officer" means any Gazetted Officer authorised by the Government by notification in the Official Gazette to exercise the powers conferred on, and discharge the duties imposed upon the authorised officer under this Act for such area as may be specified in the notification; (5) "Government" means the Administrator of the Union territory appointed by the President under article 239 of the Constitution; (6) "Kudiyiruppu" means the site of any dwelling house or hut occupied, either as tenant or as licensee by any agriculturist or agricultural labourer and includes such other area adjacent to the dwelling house or hut as may be necessary for the convenient enjoyment of such dwelling house or hut; Explanation.—It shall be presumed that any person occupying the kudiyiruppu is an agricultural labourer or an agriculturist, until the contrary is proved. (7) "prescribed" means prescribed by rules made under this Act; (8) "tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed
2A. Act not to apply in certain cases
Act not to apply in certain cases.
5. Authorised officer to hgld summary inquiry
Authorised officer to hold summary inquiry.
5. The authorised officer shall, after giving a reasonable opportunity to the parties concerned to make their representations, either allowing the application or dismissing it and shall issue a copy of such order to the party concerned.
8. Act to over-ride otiwr laws, dontraciq ctc
Act to over-ride other laws, contract etc. 8. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage or contract or decree or order of a court or other authority.
9. Costs
Costs 9.
11. The costs of, and incidental to, all proceedings before the authorised officer or the Collector shall be in his discretion.
Indemnity Indemnity 11. No suit, prosecution or other legal proceeding shall lie against the authorised officer for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
12. Power to make rules
Power to make rules 12.
- (1) The Government may make rules to carry out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
- (a) the form of application to be made to the authorised officer under section 4 or section 5;
- (b) the manner of appeal under section 6;
- (c) the fee to be paid under sub-section
- (3) of section 7.
13. Power to remove difficulties
Power to remove difficulties 13. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, do anything not inconsistent with such provisions which appears to the Government to be necessary for the purpose of removing the difficulty:
16. Provided that no such order shall be made under this section after the expiration of two years from the commencement of this Act.
Bar of jurisdiction of ddl courts Bar of jurisdiction of civil courts 16. No civil court shall have jurisdiction in respect of any matter in which the authorised officer 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 exercise of any power conferred by or under this Act.
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