Vidhi Codex

The Mahe Land Reforms Act, 1968

The Mahe Land Reforms Act, 1968

Civil1968209 sections

The Mahe Land Reforms Act, 1968, regulates agricultural land ownership, tenancy agreements, rent limits, and land ceiling limits in the Mahe region of the Union Territory of Puducherry. It applies to landowners, intermediaries, tenant farmers, agricultural labourers, and landless hutment dwellers. The legislation guarantees fixity of tenure, protects tenants from arbitrary eviction, fixes fair rents, and provides mechanisms for tenants and hutment dwellers to purchase ownership rights to their holdings. By redistributing rights and placing limits on landholdings, this law seeks to eliminate oppressive land structures, promote social justice, and secure agrarian stability for rural communities.

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  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Exemptions
  4. 4. Certain persons occupying land honestly believing to be tenants, to be deemed tenants
  5. 4A. Certain persons occupying land for not less than ten years to be deemed tenants
  6. 4B. Certain persons occupying lands under leases granted by incompetent persons to be deemed tenants
  7. 4C. Certain persons who have paid amounts for occupation of land shall be deemed to be tenants
  8. 4D. Certain surrendered documents to be inadmissible in evidence
  9. 5. Certain persons who were cultivating land on varam arrangements to be deemed tenants
  10. 6. Certain mortgagees and lessees of mortgagees to be deemed tenants
  11. 6A. Certain persons who were holding land on or after 1st July, 1958, to be deemed tenants
  12. 6B. Certain mortgagees holding property in consideration of payment of customary dues etc. to be deemed tenants
  13. 7. Right to prove real nature of transaction
  14. 8. Right of tenants to fixity of tenure
  15. 8A. Restoration of possession of persons dispossessed on or after 22nd March, 1968
  16. 8B. Restoration of possession of certain holdings sold for arrears of rent
  17. 8C. Cancellation of certain sales for arrears of rent
  18. 8D. Cancellation of certain sales for damages
  19. 9. Resumption for extension of places of public religious worship
  20. 10. Resumption for construction of residential buildings
  21. 11. Resumption for personal cultivation from tenant holding more than ceiling area
  22. 11A. Resumption by small holder from tenants holding more than the ceiling area
  23. 12. Resumption by small holder
  24. 13. Cases where resumption permissible
  25. 14. Priority for resumption
  26. 15. Procedure for resumption
  27. 16. Tenants form whom land is resumed to be paid compensation for improvement, and solatium
  28. 17. Tenant may remove buildings, works or trees not deemed improvements
  29. 18. Improvement producing an increase in the value of the annual net produce
  30. 19. Trees or plants spontaneously grown
  31. 20. Other kinds of improvements
  32. 21. Value of improvement to be ascertained in the way most favourable to the tenant
  33. 21A. kaipad system of cultivation
  34. 22. Improvement consisting in protection and maintenance of trees and plants
  35. 23. Power to frame tables of maximum and minimum rates of compensation
  36. 23A. karaima
  37. 23B. karinilam
  38. 24. Power to prepare tables of prices of produce, etc.
  39. 25. Values how ascertained when no table has been prepared or the presumption is rebutted
  40. 25A. kuzhichuvaipum kudiyiruppum
  41. 26. Tables to be published
  42. 27. Compensation when area is over planted
  43. 28. Contracts affecting tenant’s right to make improvements
  44. 29. Tenant’s right to sue for restoration of possession of land
  45. 30. Limitation for application for restoration under section 29
  46. 31. Effect of an order of restoration
  47. 31A. Contract rent in the case of certain tenants
  48. 31B. Determination of proportionate rent
  49. 32. Recovery of arrears of rent by summary procedure
  50. 33. Fair rent
  51. 34. Exclusion of certain lands, from liability to fair rent
  52. 35. Preparation of record of rights and bar of proceedings under Chapter XII of the Code of Criminal Procedure
  53. 35A. Bar of proceedings under Chapter X of the Code of Criminal Procedure in certain cases
  54. 35B. Disputes regarding right to cultivate land
  55. 36. Rent payable by an intermediary
  56. 36A. Jenmikaram payable where rent payable to kanam tenant is reduced
  57. 37. Determination of fair rent by Land Tribunal
  58. 38. Bar of suits for eviction etc., pending application for determination of fair rent
  59. 39. Agreement as to fair rent
  60. 40. Refund of payments is certain cases where fair rent is fixed
  61. 41. Rent payable when Land Tribunal has not determined fair rent
  62. 42. Mode of payment of rent
  63. 43. Liability for assessment
  64. 44. Remission of rent
  65. 45. Abatement or reduction of rent
  66. 46. Invalidity of claims of dues other than rent payable
  67. 47. Arrears of rent to bear interest
  68. 48. Priority of claim for arrears of rent
  69. 49. Publication of prices of commodities
  70. 50. Publication of statistics relating to gross produce of lands
  71. 51. Tenant’s right to obtain receipt
  72. 51A. Adjustment of rent paid after 1st March, 1970
  73. 52. Application to Land Tribunal when landlord refuses to accept a tender
  74. 53. Procedure on application under section 52
  75. 54. Apportionment of rent on severance of interest of landlord or tenant
  76. 55. Notice to landlord and intermediary when the interest in the holding of the tenant is acquired
  77. 56. Rights of tenant to be heritable and alienable
  78. 56A. Extent of tenant’s right to use his holding
  79. 57. Surrender by tenant
  80. 58. Abandonment by a tenant
  81. 59. Landlord not to enter on surrendered or abandoned land
  82. 60. Rights as to timber trees
  83. 61. Cultivating tenant’s right to purchase landlord’s rights
  84. 62. Application for purchase of landlord’s rights by cultivating tenants
  85. 63. Purchase price
  86. 64. Purchase price to be distributed among landowner and intermediaries
  87. 65. Procedure before Land Tribunal
  88. 66. Purchase price payable in instalments or in lump
  89. 67. Deposit of purchase price and issue of certificate of purchase
  90. 68. Interest on defaulted instalments
  91. 69. Cultivating tenant to pay rent pending determination of purchase price
  92. 70. Recovery of instalments of purchase price on default
  93. 71. Payment of purchase price, amount of encumbrance, maintenance or alimony
  94. 72. Payment of purchase price to the landowner, or Intermediary to be full discharge
  95. 73. Special provisions relating to religious, charitable and educational institutions of a public nature
  96. 74. Procedure for vesting of rights of religious, charitable or educational institutions in Government and for determination of annuity
  97. 75. Payment of annuity
  98. 76. Vesting of the rights of religious, charitable or educational institutions in the Government not to operate as bar to the purchase of landlord’s rights by cultivating tenants
  99. 77. Government entitled to purchase price in certain cases
  100. 78. Institution entitled to rent for certain period
  101. 79. Tenant holding under institution to continue as tenant under the Government
  102. 80. Vesting of landlord’s rights in Government
  103. 80A. Compensation to landlords for vesting of their rights in Government
  104. 80B. Cultivating tenants’ right to assignment
  105. 80C. Right of landlord to apply for assignment and compensation
  106. 80D. Assignment where the application is not made by cultivating tenant
  107. 80E. Purchase price
  108. 80F. Rent of holdings vested in Government but not assigned to cultivating tenants
  109. 80G. Constitution of village committees
  110. 80H. Land Tribunal to issue notices and determine the compensation and purchase price
  111. 80I. Apportionment of compensation by the Land Tribunal
  112. 80J. Part payment of compensation, discharge of encumbrances etc., by Land Tribunal
  113. 80K. Determination and payment of balance compensation
  114. 80L. Payment of compensation to landowner and intermediary to be full discharge
  115. 80M. Issue of certificate of purchase
  116. 80N. Purchase price payable in instalments or in lump
  117. 80O. Deposit of purchase price
  118. 80P. Assignment by mutual agreement
  119. 80Q. Special provisions relating to institutions which have opted for annuity purchase price
  120. 80R. Rent paid by cultivating tenant to be adjusted towards purchase price and compensation in certain cases
  121. 80S. Applications under section 62 and proceedings relating thereto to abate on the date notified under section 80
  122. 80T. Vesting of landlords’ right not to affect right to recover arrears of rent
  123. 80U. Special provisions regarding jenmikaram
  124. 80V. Liability for assessment after the date of vesting under section 80
  125. 81. Discharge of arrears of rent
  126. 82. Prohibition of future tenancies
  127. 83. Kudikidappukaran to have fixity
  128. 84. Rent payable by kudikidappukaran
  129. 85. Procedure to enforce shifting of kudikidappu in certain cases
  130. 86. Right of Kudikidappukaran to be heritable but not alienable except in certain cases
  131. 87. Right of kudikidappukaran to maintain, repair, etc., homestead or hut
  132. 87A. Customary and other rights of kudikudappukaran
  133. 88. Register of kudikidappukars
  134. 88A. Right of kudikidappukaran to purchase his kudikidappu
  135. 88B. Procedure for purchase by kudikidappukaran
  136. 88C. Deposit of purchase price and issue of certificate of purchase
  137. 88D. Interest on defaulted instalments of purchase price
  138. 88E. Payment of purchase price, amount of encumbrance, maintenance or alimony
  139. 88F. Payment of purchase price to landowner etc., to be full discharge
  140. 88G. Contribution towards purchase price
  141. 89. Prevention of eviction of Scheduled Castes
  142. 90. Stay of suits or other proceedings for eviction
  143. 91. Exemptions
  144. 92. Ceiling area
  145. 93. No person to hold land in excess of the ceiling area
  146. 94. Certain voluntary transfers to be null and void
  147. 95. Surrender of excess lands
  148. 95A. Certain persons to file statements
  149. 96. Vesting of excess lands in Government
  150. 97. Excess land obtained by gift etc., to be surrendered
  151. 98. Persons surrendering land entitled to compensation
  152. 99. Payment of advance towards compensation
  153. 100. Preparation of compensation roll
  154. 101. Payment compensation
  155. 102. Payment of compensation and amount of encumbrance
  156. 103. Payment of compensation to be full discharge
  157. 104. Omitted
  158. 105. Application for assignment of land
  159. 106. Assignment of lands by Land Board
  160. 107. Payment of purchase price
  161. 108. Management of surrendered lands till assignment
  162. 108A. Interpretation
  163. 109. Constitution of Land Tribunal
  164. 109A. Constitution of appellate authority
  165. 110. Constitution of Land Board
  166. 110A. Constitution of Land Reforms Review Board
  167. 110B. Powers of the Land Reforms Review Board
  168. 111. Power of the Land Board and Land Tribunal
  169. 112. Appeal to appellate authority
  170. 113. Revision by High Court
  171. 114. Proceedings by or against joint families, etc.
  172. 115. Authorised officer empowered to obtain information from persons
  173. 115A. Appointment of officers for certain purposes
  174. 116. Special provisions relating to leases for commercial or industrial purposes
  175. 116A. Special provisions relating to buildings used by kudikidappukars for commercial or industrial purposes
  176. 117. Costs
  177. 118. Special provisions for application of the Act
  178. 118A. Constitution of Agriculturist Rehabilitation Fund and Kudikidappukars Benefit Fund
  179. 118B. Solatium to small holders
  180. 119. Restoration of possession of land to certain evicted tenants
  181. 119A. Mortgage money not to be returned in certain cases
  182. 120. Apportionment of land value in cases of acquisition
  183. 121. Prices published under section 49 to be deemed to be market rates
  184. 122. Appearance before Land Tribunal or Land Board
  185. 123. Court fees
  186. 124. Members of Land Board, appellate authority and Land Tribunal to be deemed public servants
  187. 125. Penalty for disturbance of customary, easement and other rights of kudikidappukars
  188. 126. Penalty for failure to furnish return
  189. 126A. Penalty for failure to furnish statement under section 95A
  190. 127. Penalty for furnishing false returns or information
  191. 128. Penalty for making false declaration
  192. 128A. Registering officer not to register in certain cases
  193. 129. Penalty for contravention of any lawful order
  194. 130. Penalty for eviction
  195. 131. Penalty for cutting trees or for removing machinery, etc.
  196. 131A. Offences by companies
  197. 132. Cognizance of offences
  198. 133. Protection of action taken under Act
  199. 134. Bar of jurisdiction of civil courts
  200. 135. Construction of references to acres and cents
  201. 136. Act to over-ride other laws, etc.
  202. 137. Power to remove difficulties
  203. 137A. Wrong or excess payments recoverable under Revenue Recovery Act
  204. 138. Power to make rules
  205. 139. Limitation
  206. 140. Repeal and savings
  207. SCHEDULE – I. Rates of Standard acres
  208. SCHEDULE – II. Rates of fair rent
  209. SCHEDULE – III. RATES OF COMPENSATION

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