The Tamil Nadu Cultivating Tenants (Special Provisions) Amendment Act, 1985

(1) This Act may be called the Tamil Nadu Cultivating Tenants (Special Provisions) Amendment Act, 1985. (2) The provisions of this Act, except sections 4 and 5, shall be deemed to have come into force on the 1st July 1984.

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles laid down in clause (c) of Article 39 of the Constitution.

Notwithstanding anything contained in the principal Act,- (a) where a decree has been passed on or after the 1st July 1984 and before the date of the publication of this Act in the Tamil Nadu Government Gazette, on the ground that the cultivating tenant has failed to pay the first, second and third instalments of the arrears of rent referred to in sub-section (1) of section 5 of the principal Act, on or before the 30th June 1984, 31st December 1984 and 30th June 1985, respectively, such decree shall not be executed, unless such cultivating tenant fails to make the payment of the said instalments on or before the 15th November 1985, 31st March 1986 and 15th November 1986, respectively; (b) where any suit has been filed on or after the 1st July 1984 and pending on the date of the publication of this Act in the Tamil Nadu Government Gazette, for the recovery of the first, second and third instalments of the arrears of rent referred to in clause (a), the court shall pass a decree for the payment of such instalments as may become payable under the provisions of sub-section (1) of section 5 of the principal Act, as amended by this Act.

(1) Notwithstanding anything contained in the principal Act as amended by this Act, every cultivating tenant who had been evicted from any land before the date of the publication of this Act in the Tamil Nadu Government Gazette, on the ground that he has failed to pay the first, second and third instalments respectively, of the arrears of rent referred to in sub-section (1) of section 5 of the principal Act, shall, on application to the competent authority, within such period as may be prescribed, be entitled to be restored to possession of such land and to hold it with all the rights and subject to all the liabilities of a cultivating tenant under the Tenants Protection Act or, under the Public Trusts Act, as the case may be. (2) The provisions of sub-section (4) of section 4 of the Tenants Protection Act or, as the case may be, sub-section (2) of section 20 of the Public Trusts Act shall, so far as may be, apply to applications under sub-section (1).