GOVERNMENT OF PUDUCHERRY

PUDUCHERRY CODE
VOLUME - II

LAW DEPARTMENT
PUDUCHERRY
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THE PUDUCHERRY CODE

VOLUME-II

Published by the Law Department, Government of Puducher

 3

The Law Department, Government of Puducherry.

SECOND EDITION 2012

(As codified upto 31st December, 2011)

This edition has been revised and updated by

Thiru K. Oumabady,
Assistant Library and Information Officer,
Law Department, Puducherry.

Disclaimer: Although due care and caution have been taken to avoid any mistakes, errors or omissions while editing and publishing the
Statutes/Rules/Orders/Notifications published in this e-book, readers should verify its correctness respectively from the relevant Gazettes. The Department shall not
be held responsible in any manner for any loss or damage caused to any person on account of errors or omissions which might have crept in.

Printed by the Directorate of Stationery and Printing, Puducherry – 605 009.

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FOREWORD

For effective functioning of the general administration as well as the Judiciary,

an accurate compilation of laws as amended from time to time by the Legislature is
absolutely essential.

Twenty-nine years have elapsed since the first edition of the Pondicherry Code
Volume II was published. During this gap many changes have taken place in the field
of legislation in the Union territory of Puducherry. The present work of compilation
of the local laws with all amendments from 1967 to 1972 is a timely endeavour by
the Law Department.

I take this opportunity to appreciate the efforts put in by the Law Department.
I hope that this Puducherry Code Volume-II would be an indispensable reference
book for the Executives as well as the Bench, the Bar and the general public.

Puducherry,
31-01-2012 CHIEF SECRETARY TO GOVERNMENT
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FOREWORD
From the end of the second world war the social fabric all over the world is
changing at an accelerated pace. Changes are very significant in India which has
shed the colonial rule to steer by itself its destiny. Law whose role is to accompany
the society has necessarily to undergo corresponding modifications. This is what
happened in the Union Territory of Puducherry as well. Under these circumstances
this updated version of the volume II of the Puducherry Codes published in 1983 is
most welcome.
This volume appears almost one year after the publication of the revised
edition of volume I. For this achievement the Law Secretary, J.C.P. Mariadassou
who has taken the meritorious initiative of bringing updated versions of the
Puducherry codes has to be thanked. His aide, K. Oumabady, the tireless librarian
of the Law Department is to be complimented for the meticulous work
accomplished. These two publications in quick succession give the hope of the
publication of volumes III and IV in the near future.
Any one interested on a point of law would like to know the latest position.
It is not feasible to publish every year an updated version of codes. However the
new technological devices make it possible to everyone to know the position of law
as on the date of his search. For that purpose it will be enough to put in the internet
the law of Puducherry and all modifications as and when they occur. This may be
contemplated by the Government of Puducherry.
It is to be recognised that codes will not be of any use for the common man
who cannot understand the English legal language. To afford him the possibility of
knowing the law in the area of his interest, there is a need of a guide book of law in
Tamil language, presenting the main provisions of important areas of law in
alphabetical manner. This will promote legal education of the people, which is a
main factor of the prevalence of the rule of law. The Legal Services Authority,
Puducherry may join hands with the Law department to carry forward this task
with the blessing of the Government.

Puducherry, JUSTICE DR. DAVID ANNOUSSAMY

03.02.2012 FORMER JUDGE OF THE MADRAS HIGH COURT
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PREFACE

In the legal profession one of the arduous task of a Legal Advisor, Judge or
Advocate is at the initial stage to wade through a plethora of legal materials and
finally to cull out the appropriate law on the subject in respect of a case and to see
whether the materials so collected are up-to-date. It is also hard to come across the
law or legal materials at a single place. This task is oft and on time-consuming,
leading to avoidable delay. Such laborious process in a legal profession is made
simple by means of codification of the laws. It is only with this in mind, in order to
quicken the decision-making process and to benefit the legal professional that
codification has been contemplated and effectively attempted in the Law
Department.

The Law Department has prepared the revised edition of the Puducherry
Code Volume-II. This Code contains Acts codified with all amendments between
the years 1966 and 1972. The Statement of Objects and Reasons for all the Principal
Acts as well as Amendment Acts have been included in this Code. This is the
special feature of this book, which will be highly beneficial to the end-users.

I take this opportunity to place on record my appreciation of the strenuous

efforts put in by Mr. K. Oumabady, Assistant Library and Information Officer in the
Law Department for shouldering this task in right earnest. My thanks are also due
to Mr. N. Rajendiran, Retired Under Secretary (Law), Law Department, for having
overseen this work. I hope and trust that this codification work would be
appreciated by one and all.

Puducherry, JOHN CLAUDE POMPEI MARIADASSOU, M.A., M.L., D.F.L.,

03-02-2012 LAW SECRETARY TO GOVERNMENT
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PUDUCHERRY CODE
Volume – II

CONTENTS
_______________________________________________________________
Year No. Short Title Page

1967 4 The Puducherry Notaires Decree (Amendment) Act, 1967. 1

1967 5 The Puducherry Motor Vehicles Taxation Act, 1967. 3
1967 6 The Puducherry General Sales Tax Act, 1967. 39
1967 7 The Puducherry Municipal Decree (Amendment) Act, 1967. 39
1967 8 The Puducherry Survey and Boundaries Act, 1967. 40
1968 1 The Mahe Land Reforms Act, 1968. 53
1968 6 The Puducherry Prevention of Cow Slaughter Act, 1968. 205
1968 4 The Puducherry Municipal Decree (Amendment) Act, 1968. 212
1968 9 The Puducherry (Application of Motor Vehicles Act)
order (Amendment) Act, 1968. 213
1969 4 The Puducherry Monts De Piete Institutions
(Abolition) Act, 1969. 214
1969 5 The Puducherry Buildings (Lease and Rent Control)
Act, 1969. 216
1969 8 The Indian Partnership (Puducherry Amendment)
Act, 1969. 258
1969 9 The Societies Registration (Puducherry Amendment)
Act, 1969. 260
1969 10 The Indian Ports (Puducherry Amendment)
Act, 1969. 267
1970 11 The Payment of Wages (Puducherry Amendment)
Act, 1970. 270
1970 12 The Puducherry Excise Act, 1970. 272
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(ii)
_______________________________________________________________
Year No. Short Title Page

1970 13 The Puducherry Town and Country Planning Act, 1969. 317
1970 14 The Puducherry Revenue Recovery Act, 1970. 379
1970 16 The Puducherry Plant Diseases and Pests Act, 1970. 403
1970 17 The Registration (Puducherry Amendment)
Act, 1970. 415
1970 21 The Indian Stamp (Puducherry Amendment)
Act, 1970. 428
1970 23 The Puducherry Patente (Abolition) Act, 1970. 441
1970 25 The Karaikal Agricultural Labourer Fair Wages Act, 1970. 443
1970 26 The Puducherry Money Lenders Act, 1970. 452
1970 28 The Puducherry Settlements Act, 1970. 474
1971 2 The Puducherry Land Encroachment Act, 1970. 493
1971 3 The Puducherry State Aid to Industries Act, 1970. 502
1971 4 The Puducherry Occupants of Kudiyiruppu
(Protection from Eviction) Act, 1970. 515
1971 5 The Puducherry Cultivating Tenants (Payment of Fair Rent)
Act, 1970. 524
1971 9 The Puducherry Cultivating Tenants Protection Act, 1970. 536
1971 12 The Parliamentary Secretary (Payment of Special
Allowance and Prevention of Disqualification) Act, 1971. 551
1971 14 The Hindu Marriage (Puducherry Amendment) Act, 1971. 553
1971 16 The Puducherry Landing and Shipping Fees Act, 1971. 557
1972 10 The Puducherry Hindu Religious Institutions Act, 1972. 563
 9

THE PUDUCHERRY NOTAIRES DECREE

(AMENDMENT) ACT, 1967
(No. 4 of 1967)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement.
2. Amendment of Article 47.
3. Validation.
______

THE PUDUCHERRY NOTAIRES DECREE (AMENDMENT) ACT, 1967

(Act No. 4 of 1967)
9th October, 1967
AN ACT

to amend the French Decree dated the 24th August, 1887 relating
to the organisation of Notaires in the Union territory of
Puducherry.
BE it enacted by the Legislative Assembly of Puducherry in the Eighteenth
Year of the Republic of India as follows:-

Short title and commencement

1. (1) This Act may be called the Puducherry Notaires Decree (Amendment)
Act, 1967.
(2) It shall come into force at once.

Amendment of Article 47

2. In Article 47 of the French Decree dated the 24th August, 1887, for the sixth
and seventh paragraphs, the following paragraph shall be substituted and shall be
deemed to have been substituted with effect from the 1st August, 1964, namely: -

“Notwithstanding anything contained in the foregoing paragraph, the

Government may, if it thinks fit so to do in public interest, by order, retain any
Notaire in service after he has completed the age of sixty-five years, for such period
or periods as it thinks fit, so however that the period or the aggregate of the periods
of such retention in service shall not, in any case, exceed five years.”
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Validation

3. Notwithstanding anything contained in any judgment, decree or order of any

court, no act, thing or proceeding done or taken under the French Decree dated the
24th August, 1887, during the period between the 1 st August, 1964, and the
commencement of this Act (both days inclusive), by any Notaire or First Clerk of
any Notaire shall be deemed to be illegal or invalid or ever to have become illegal
or invalid merely on the ground ---

(a) that the Notaire has discharged the functions assigned to him under the
Decree aforesaid after completing the age of sixty-five years, or

(b) that the First Clerk has discharged the functions of a Notaire under the
aforesaid Decree during the temporary absence of the Notaire,

and all such acts, things or proceedings shall, for all purposes, be deemed to have
been validly done or taken in accordance with law.
______

STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1967

The institution of Notaires is governed by the Decree dated 24.8.1887. Article

47 of the said Decree lay down that Notaires shall be compelled to relinquish the
office at the age of 65 years and replaced. However, there is a transitory provision
under paragraph 7 of the said Article which could be applied for a period of five
years from 2.5.1938. Since this transitory period has already expired, it may not be
possible to exercise the powers envisaged under this proviso. Since some of the
Notaires have already attained the age 65 years, it may be necessary to suitably
amend paragraphs 6 and 7 of the said Article enabling the Government to continue
the Notaires in service. It is, therefore, proposed to empower the Government to
retain any Notaire in service after he has completed the age of 65 years and the
period or the aggregate of the periods of such retention shall not, in any case,
exceed five years.

The Madras High Court has in a recent judgment held that the First Clerk of
a Notaire can only carry out the incidental clerical duties and he cannot act and
discharge the functions of a Notaire during his absence, and as such a clause
validating these acts is necessary. Similarly, it is necessary to insert a clause
validating the acts done by the Notaires who have attained the age of 65 years.
Accordingly a validation clause has been incorporated.

The present Bill seeks to achieve the above objects.

_______
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THE PUDUCHERRY MOTOR VEHICLES TAXATION ACT, 1967

(No. 5 of 1967)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement.

2. Definitions.
3. Imposition of a tax on motor vehicles.
4. Payment of tax and issue of licence.
5. Production of Certificate of insurance.
6. Liability to pay arrears of tax by person succeeding to the
ownership, possession or control of motor vehicle.
7. Manner of payment of tax under this Act.
8. Carriage of licence on vehicle and duty to stop it on demand by
police officer.
9. Penalty payable where tax not paid.
10. Power to seize and detain motor vehicles in case of non-payment
of tax.
11. Recovery of tax as an arrear of land revenue.
12. Utilisation of the proceeds of the tax.
13. Exemptions.
14. Saving as to vehicles used for agricultural purposes.
15. Appeal.
16. Protection in respect of acts done in good faith.
17. Trial of offences.
18. Procedure in certain cases.
19. Power to make rules.
20. Power of Government to amend Schedules.
21. Power to remove difficulties.
22. Repeal.
23. Validation.
______
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THE PUDUCHERRY MOTOR VEHICLES TAXATION ACT, 1967

(Act No. 5 of 1967)
AN ACT 16th October, 1967.

to levy taxes on motor vehicles in the Union territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Eigteenth

Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Motor Vehicles Taxation Act,
1967.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall be deemed to have come into force on the 1st day of July, 1966.
Definitions

2. In this Act, unless the context otherwise requires, --

(a) the following expressions used but not defined in this Act and defined in
the 1[MotorVehicles Act, 1988 (Central Act 59 of 1988)] shall have the meanings
respectively assigned to them in that Act: -
(i) “goods”;
(ii) 1[“goods carriage”];
(iii) “invalid carriage”’;
(iv) “motor vehicle”;
(v) “trailer”; and
(vi) “unladen weight”;
(b) “Central Act” means the 1[Motor Vehicles Act, 1988 (59 of 1988)].
(c) “Government” means the Administrator appointed by the President
under article 239 of the Constitution;
(d) “laden weight” in relation to a motor vehicle means,
(i) in case a permit is issued to the vehicle under the Central Act, the
maximum laden weight specified in such permit;
(ii) if no such permit is issued, the maximum laden weight specified in the
registration certificate of the vehicle;

1 Substituted vide Act No.9 of 1990 w.e.f 01-07-1990 and published in EG Pt-II No.37 dated 9.11.1990.
 5

(iii) if no weight is specified in the registration certificate, the maximum

laden weight of the vehicle determined in such manner as the licensing officer may
deem fit;

(e) “laden weight” in relation to a trailer means,

(i) in case a permit is issued to the vehicle to which the trailer is attached
under the Central Act , the maximum laden weight specified in such permit in
respect of the trailer;

(ii) if no such permit is issued, the maximum laden weight specified in

respect of the trailer in the registration certificate of the vehicle to which the trailer
is attached;

(iii) if such weight is not specified in the registration certificate, the

maximum laden weight of the trailer determined in such manner as the licensing
officer may deem fit;

(f) “licensing officer” means an officer appointed by the Government to

exercise the powers and perform the functions of a licensing officer under this Act;

1[(g)
“local body” means any municipal council constituted under the
Puducherry Municipalities Act, 1973 and any village panchayat and commune
panchayat council constituted under the Puducherry Village and Commune
Panchayats Act, 1973;]
(h) “Puducherry” means the Union territory of Puducherry;

(i) “prescribed” means prescribed by rules made under this Act;

(j) “public road” means any street, road, square, court, alley, passage or
riding path over which the public have a right of way, whether a thoroughfare or
not, and includes the roadway over any public bridge or causeway;

(k) “registered owner” means the person in whose name a motor vehicle is
registered or deemed to be registered under the Central Act;

(l) “tax” means the tax leviable under sub-section (1) of section 3; and

1 Substituted by Act 9 of 1973, section 513, w.e.f. 26-1-1974.

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1 [(m)“urban area” means such area as the Government may from time to time
declare as urban area, by notification in the Official Gazette]
2 [(n)
“year” means the financial year; “half-year” means the first six months or
the second six months of such year; and “quarter” means the first three months or
the second three months of such half-year.]
Imposition of a tax on motor vehicles

3. (1) The Government may, by notification in the Official Gazette, from time to
time, direct that a tax shall be levied on every motor vehicle 3[used or kept for use in
the Union territory of Puducherry].

(2) The notification issued under sub-section (1) shall specify the rates at
which, and the quarter from which, the tax shall be levied:

Provided that the rates shall not exceed the maximum amounts specified in
Schedule I:
5[Provided further that 6[where] in the case of ---

(a) a motor-cycle (including motor scooters and cycles with attachment for
propelling the same by mechanical power); and

(b) an invalid carriage and a motor vehicle weighing not more than 3,000
Kilograms unladen, not being a motor vehicle plying for hire or used for the
transport of passengers or in respect of which permits have been issued under the
Motor Vehicles Act, 1988 (Central Act, 59 of 1988), 6[the registered owner or the
person having possession or control of the motor vehicle makes an application in
writing for payment of one-time tax, the tax shall be levied at the rates specified in
Schedule IA].
4 [Provided
further that the tax already paid in respect of one category of
permit viz., a 1 [goods carriage] permit or a zonal permit or a national permit for a
goods vehicle shall be allowed to be adjusted against the tax payable for the grant
of another category of such permits.]

1. Substituted vide Act No.9 of 1990 w.e.f 01-07-1990 and published in EG Pt-II No.37 dated 9.11.1990.
2. Relettered by Act 7 of 1977, section 2, w.e.f. 30-9-1977.
3 Substituted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003
4. Inserted by Act 7 of 1977, section 3, w.e.f. 30-9-1977.
5. Inserted vide Act No.13 of 1988 w.e.f 19-5-1988 EG Pt-II No.36 dated 23.5.1988.
6. Substituted vide Act No.4 of 1989 w.e.f 25-4-1989 EG Pt-II No.17 dated 25.4.1989.
 7

Payment of tax and issue of licence

4. (1) (a) The tax levied in pursuance of a notification issued under sub-section
(1) of section 3 shall be paid by the registered owner or person having possession or
control of the motor vehicle, at his choice, either quarterly, half-yearly or annually,
upon a quarterly, half-yearly or annual licence to be taken out by him.
Explanation. – The tax for a half-yearly licence shall not exceed twice and the
tax for an annual licence shall not exceed four times the tax for a quarterly licence.
The Government shall have power to grant a suitable rebate in case of the half
yearly and annual licences.
(b) Where the tax for any motor vehicle has been paid for any quarter,
half-year or year and the vehicle has not been used during the whole of that
quarter, half-year or year or a continuous part thereof not being less than one
month, a refund of the tax at such rates as may, from time to time, be notified by the
Government, shall be payable subject to such conditions as may be specified in such
notification.
1[Provided that nothing in this clause shall apply to any motor vehicle in

respect of which tax has been paid under the second proviso to sub-section (2) of
section 3.]
(c) Notwithstanding anything contained in section 3 or in clauses (a) and
(b), the Government may, by notification in the Official Gazette, from time to time,
direct that a temporary licence for a period not exceeding thirty days at a time may
be issued in respect of any class of motor vehicles on payment of such tax (not
exceeding the maximum amounts specified in Schedule II) and subject to such
conditions, as may be specified in such notification.
2[ (cc) Notwithstanding anything contained in the foregoing clauses, the tax

levied under the second proviso to sub-section (2) of section 3 shall be paid in
advance in a lumpsum by the registered owner or the person having possession or
control of the motor vehicle and the tax shall be for the life time of the vehicle:]
3[ Omitted]

(d) No motor vehicle shall be used on any public road in Puducherry at

any time after the issue of a notification under sub-section (1) of section 3, unless a
licence permitting such use during such time has been obtained under clause (a) or
clause (c).
(2) Notwithstanding anything contained in sub-section (1), no person shall be
liable to tax during any period on account of any taxable motor vehicle, the tax due
in respect of which for the same period has already been paid by some other
person.

1. Inserted vide Act No.13 of 1988 w.e.f 19.5.1988 published in EG Pt-II No.36 dated 23.5.1988.
2. Inserted vide Act 13 of 1988 w.e.f 19.5.88.
3. Omitted vide Act No.4 of 1989 w.e.f 25.4.1989
 8

(3) (a) When any person pays the amount of tax due in respect of a motor
vehicle using any public road in Puducherry or proves to the satisfaction of the
licensing officer that no tax is payable in respect of such vehicle, the licensing officer
shall –
(i) grant to such person a licence, in such form as may be notified by the
Government to use the vehicle on public roads in Puducherry for the period
concerned; and
(ii) in the case referred to in clause (a) of sub-section (1) record that the tax
has been paid for a specified period or that no tax is payable in respect of the
vehicle as the case may be in the certificate of registration granted or deemed
to be granted in respect of the vehicle under the Central Act , or in the case of
vehicles not registered or deemed to be registered under that Act, in a
certificate in such form as may be notified by the Government.
(b) Every licence granted under clause (a) shall be valid throughout the
areas of Puducherry.

Refund of tax

1[4A. (1) Where the tax for any motor vehicle has been paid for any quarter, half
year, year or the life time and the vehicle has not been used on any public road
during the whole of that quarter, half year, year or life time or a continuous part
thereof not being less than one month, a refund of the tax at such rates as may, from
time to time, be notified by the Government, shall be payable on an application
made within such period as may be prescribed and subject to such conditions as
may be specified in such notification.

(2) Where a life time tax for any motor vehicle has been paid and the
registration of the vehicle has been cancelled for any reason whatever or the vehicle
has been removed to any place outside the Union territory of Puducherry on
account of transfer of ownership or change of address, a refund of the tax at such
rates as may, from time to time, be notified by the Government shall be payable on
an application made within such period, as may be specified in such notification:

1 Substituted vide Act No.6 of 1996 w.e.f 01.10.1996 and published in EG Pt-II No.25 dated 21.09.1996.
 9

Provided that in the case of removal of a vehicle to any place outside the Union
territory of Puducherry on account of transfer of ownership or change of address,
the refund of tax shall be considered only after the receipt of proof for having
effected such transfer of ownership or change of address.

(3) Where any tax is paid by mistake or in excess, the tax so paid or collected
shall, on an application made within such period, be refunded to such person in
such manner and subject to such conditions as may be prescribed.

(4) Where any penalty is paid or collected ---

(a) by mistake, or
(b) in excess of, or
(c) when such penalty is not due,

the penalty so paid or collected shall be refunded to such person, in such manner
and subject to such conditions as may be prescribed].

Production of certificate of insurance

5. Every registered owner or person having possession or control of a motor

vehicle shall, at the time of making payment of the tax, produce before the licensing
officer a valid certificate of insurance in respect of the vehicle complying with the
requirement of 1[Chapter XI] of the Central Act.

Liability to pay arrears of tax by person succeeding to the

ownership, possession or control of motor vehicle

6. (1) If the tax leviable in respect of any motor vehicle remains unpaid by any
person liable for payment thereof and such person before having paid the tax has
transferred the ownership of such vehicle or has ceased to be in possession or
control of such vehicle, the person to whom the ownership of the vehicle has been
transferred or the person who has possession or control of such vehicle shall be
liable to pay the said tax to the licensing officer.

(2) Nothing contained in this section shall be deemed to affect the liability to
pay the said tax of the person who has transferred the ownership or has ceased to
be in possession or control of such vehicle.

1 Substituted vide Act No.9 of 1990 w.e.f 01-07-1990 EG Pt-II No.37 dated 9.11.1990.
 10

Period within which tax is to be paid

1[6-A. The tax due under this Act shall be paid within such period, not being less
than seven days or more than thirty days from the commencement of the quarter,
half-year or year, as may be prescribed and different periods may be prescribed for
different classes of motor vehicles:
Provided that the tax due under this Act in respect of the classes of vehicles
specified in the second proviso to sub-section (2) of section 3 for the quarter
commencing from the 1st April, 1989 may be paid within thirty days from the date
of commencement of the Puducherry Motor Vehicles Taxation (Amendment) Act,
1989].

Application for fitness certificate not to be entertained

2[6-B. Notwithstanding anything contained in section 6-A or in the Motor

Vehicles Act, 1988 (Central Act 59 of 1988), no application for the grant or renewal
of fitness certificate in respect of a transport vehicle under the said Motor Vehicles
Act, 1988 (Central Act 59 of 1988), shall be entertained unless the tax due under this
Act in respect of such vehicle has been paid:
Provided that nothing contained in this section shall apply to a new
transport vehicle produced for registration.

Application for duplicate certificate of registration not to be entertained

2[6-C. Notwithstanding anything contained in section 6-A or in the Motor

Vehicles Act, 1988, no application for the issue of a duplicate certificate of
registration in respect of a motor vehicle (other than a transport vehicle) under the
Motor Vehicles Act, 1988 shall be entertained unless the tax, as on the date of such
application, due under this Act in respect of that vehicle has been paid and the
proof for such payment of tax is produced:
Provided that in cases where an application for the issue of duplicate
certificate of registration is made without the proof for having paid the tax due
under this Act in respect of the vehicle for the whole period commencing from the
date of registration of the vehicle and ending with the date of such application or
for any part of the said period, such application may be considered by the
registering authority subject to the provisions of section 9-A and on payment of the
tax due under this Act in respect of the vehicle for the period for which the proof
for payment of such tax has not been produced together with the penalty referred to
in section 9].

1 Inserted vide Act No.4 of 1989 w.e.f 25.4.1989 published in EG Pt-II No.17 dated 25.4.1989.
2 Inserted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003.
 11

Manner of payment of tax under this Act

7. Payment of every amount due under this Act shall be made by the production
before the licensing officer of treasury challans to the value for which payment is
required or in such other manner as may be prescribed.

Rounding off of tax, fee, penalty, fine, etc.

1[7-A. The amount of tax, fee, penalty, fine or any other sum payable and the
amount of refund due, under the provisions of this Act shall be rounded off to the
nearest rupee and, for this purpose, where such amount contains a part of a rupee
consisting of paise, then, if such part is fifty paise or more, it shall be increased to
one rupee and if such part is less than fifty paise, it shall be ignored].

Carriage of licence on vehicle and duty to stop it on demand

by police officer

8. (1) The licence granted in respect of a motor vehicle under clause (a) of sub-
section (3) of section 4 shall be carried in a conspicuous place upon the vehicle in
such manner as may be notified by the Government and if such a licence is not so
carried upon such vehicle, the registered owner or the person having possession or
control thereof shall be punishable with fine which may extend to fifty rupees.

(2) Any police officer in uniform who is not below the rank of Sub-Inspector
or an officer of the Motor Vehicles Department not below the rank of a Motor
Vehicles Inspector or a Regional Transport Officer or such other officer as may be
authorised by the Government in this behalf, may require the driver of any motor
vehicle on any public road to stop the vehicle and cause it to remain stationary so
long as may reasonably by necessary for the purpose of satisfying himself that a
licence has been duly obtained in respect of such vehicle.

(3) Any person failing to stop a motor vehicle when required to do so by an

officer under sub-section (2) or resisting such officer shall be punishable with fine
which may extend to fifty rupees.

* Inserted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003.
 12

Penalty payable where tax not paid

9. When any registered owner or any person who has possession or control of
any motor vehicle used or kept for use in Puducherry is in default in making
payment of the tax, the licensing officer may direct that, in addition to the amount
of arrears, a sum not exceeding the annual tax payable in respect of such vehicle
shall be recovered from him by way of penalty:

Provided that before giving any such direction, the registered owner or such
person shall be given a reasonable opportunity of being heard.

1[Recovery of tax which escaped assessment

9-A. Where for any reason, the whole or any portion of the tax which would have
been payable in respect of any motor vehicle under this Act for any period has not
been paid, the licensing officer may, at any time, within a period of five years from
the expiry of the period to which the tax relates and after issuing a notice to the
registered owner or the person having the possession or control of the motor
vehicle and making such inquiry as he may consider necessary, direct such owner
or other person to pay the whole or any portion of such tax, which has not been
paid:

Provided that in computing the period of five years for the purpose of this
section, the period or periods, if any, during which the collection of such tax has
been stayed by an order of any court shall be excluded].

Power to seize and detain motor vehicles in case of

non-payment of tax

10. Without prejudice to the provisions of section 6 and 7, where any tax due in
respect of any motor vehicle has not been paid as specified in section 4, such officer
as may be authorised may seize and detain the motor vehicle in respect of which
the tax is due under this Act and for this purpose take or cause to be taken any steps
he may consider proper for the temporary safe-custody of the vehicle, until the tax
due in respect of the vehicle is paid.

1 Inserted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003.
 13

Recovery of tax as an arrear of land revenue

11. Any tax due under this Act may also be recovered in the same manner as an
arrear of land revenue under the law for the time being in force for the recovery of
land revenue. The motor vehicle in respect of which the tax is due or its accessories
may be distrained and sold in pursuance of this section, whether or not such vehicle
or accessories are in the possession or control of the person liable to pay the tax.

Utilisation of the proceeds of the tax

12. (1) (a) The proceeds of the tax collected under this Act every year
shall be credited to the Consolidated Fund of Puducherry.
(b) There shall be paid to each local body which, at the
commencement of this Act, was levying tolls or vehicle tax on
motor vehicles or both, a sum equivalent to the average annual
income derived by such local body during the three years ending
on the 30 th day of June, 1966, from such tolls or vehicle tax on
motor vehicles, or both, as the case may be.
(c) The Government shall determine the sums which should be
credited to it or paid to local bodies under clauses (a) and (b) and
such determination shall be final.

(2) In determining the amount payable to a local body under clause (b) of
sub-section (1), the Government shall take into account, ---
(a) the arrears of tolls or vehicle tax on motor vehicles left uncollected,
which could have been collected;
(b) the amount which the local body should have paid to any other
local body on account of collections made on behalf of the latter
and remaining to be adjusted; and
(c) the vehicle tax payable on vehicles owned by the local body or by
its employees in respect of which exemptions were granted by the
local body.

(3) All sums payable to local bodies under this section shall be expenditure
charged on the Consolidated Fund of Puducherry.
 14

1[Permit to be ineffective if tax not paid

12-A. Notwithstanding anything contained in the Motor Vehicles Act, 1988

(Central Act 59 of 1988), if the tax due in respect of a transport vehicle is not paid
within the prescribed period, the validity of the permit shall become ineffective
from the date of expiry of the said period until such time the tax is actually paid.

Offences by companies

12-B. (1) Where an offence against any of the provisions of this Act or any rule
made thereunder has been committed by a company, every person, who at the time
the offence was committed, was in-charge of, and was responsible to the company
for the conduct of the business of the company as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:

Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence punishable under this act has been committed by a company, and it is
proved that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.

Explanation. --- For the purposes of this section, ---

(a) "company" means any body corporate and includes a firm, society or other
association of individuals; and
(b) "director" in relation to --
(i) "a firm" means a partner in the firm,
(ii) "a society or other association of individuals" means the person
who is entrusted under the rules of the society or other association with the
management of the affairs of the society or other association, as the case may
be.]

1. Inserted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003.
 15

Exemptions

13. (1) The Government may, by notification in the Official Gazette, make an
exemption, reduction in the rate or other modification in regard to the tax payable –
(i) by any person or class of persons, or
(ii) in respect of any motor vehicles or class of motor
vehicles or motor vehicles running in any particular
area.

(2) Every notification issued under sub-section (1) shall be laid on the table
of the Legislative Assembly for a period of two months when the Assembly is in
session.

Remissions

1[13-A. The Government may, in such circumstances and subject to such

conditions as may be prescribed, by notifications, --

(1) remit, whether prospectively or retrospectively, the whole or any part

of the tax or penalty or both, payable under this Act or the rules made thereunder -
--
(a) by any person or class of persons, or
(b) in respect of any motor vehicle or class of motor vehicles or
motor vehicles running in any particular area; and

(2) cancel or vary such notification.]

Saving as to vehicles used for agricultural purposes

14. Nothing in this Act shall apply to a motor vehicle used solely for the
purposes of agriculture.

Explanation. --- A motor vehicle used for transporting agricultural produce

shall not, for the purpose of this section, be deemed to be used solely for the
purpose of agriculture.

1 Inserted vide Act No.6 of 2003 w.e.f 19.5.2003 published in EG Pt-II No.20 dated 20.5.2003.
 16

Appeal

15. (1) Any person who is aggrieved by any order or direction of the licensing
officer may file an appeal before such person or authority, in such manner, within
such time and on payment of such fees, as may be prescribed.

(2) The appeal shall be heard and decided in such manner as may be
prescribed.

Protection in respect of acts done in good faith

16. No prosecution, suit or other legal proceeding shall lie against any person for
anything in good faith done or intended to be done under this Act.

Trial of offences

17. No court inferior to that of a Magistrate of the first class shall try any offence
punishable under this Act.

Procedure in certain cases

18. (1) A court taking cognizance of an offence punishable under sub-section (1)
of section 8 or under sub-section (3) of that section, in so far as it relates to failure to
stop a motor vehicle when required to do so by an officer, may state upon the
summons to be served on the accused person that he ---
(a) may appear by an Advocate and not in person, or
(b) may, by a specified date prior to the hearing of the charge, plead
guilty to the charge by registered letter and remit to the court such
sum not exceeding fifty rupees, as the court may specify.

(2) Where an accused person pleads guilty and remits the sum specified by
the court, no further proceedings in respect of the offence shall be taken against
him.
Power to make rules

19. (1) The Government may make rules for carrying out all or any of the
purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for ---
 17

(a) the authority to which, the time within which and the
manner in which the appeal may be made;
(b) the fees to be paid in respect of such appeal;
(c) the procedure to be followed in disposing of the appeal;
and
(d) any other matter required to be prescribed by or provided
for by rules under this Act.

(3) In making a rule under this Act, the Government may provide that a
contravention thereof shall be punishable with fine which may extend to fifty
rupees.

(4) Every rule made under this Act shall, as soon as may be after it is issued,
be laid before the Legislative Assembly, Puducherry, while it is in session for a total
period of fourteen days, which may be comprised in one session or in two or more
successive sessions, and, if before the expiry of the session in which it is so laid or
the successive sessions aforesaid, the Legislative Assembly makes any modification
in the rule or decides that any such rule should not be issued, that rule shall
thereafter have effect only in such modified form or have 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.

Power of Government to amend Schedules

20. (1) The Government may, by notification, alter, add to or cancel any of the
Schedules.

(2) Where a notification has been issued under sub-section (1), there shall,
unless the notification is in the meantime rescinded, be introduced in the Legislative
Assembly, as soon as may be, but in any case during the next session of the
Legislative Assembly following the date of the issue of the notification, a Bill on
behalf of the Government, to give effect to the alteration, addition or cancellation, as
the case may be, of the Schedules specified in the notification, and the notification
shall cease to have effect when such Bill becomes law, whether with or without
modifications, but without prejudice to the validity of anything previously done
thereunder:

Provided that if the notification under sub-section (1) is issued when the
Legislative Assembly is in session, such a Bill shall be introduced in the Legislative
Assembly during that session:
 18

Provided further that where for any reasons a Bill as aforesaid does not
become law within six months from the date of its introduction in the Legislative
Assembly, the notification shall cease to have effect on the expiration of the said
period of six months.

(3) All references made in this Act to any of the Schedules shall be construed
as relating to the Schedules as for the time being amended in exercise of the powers
conferred by this section.

Power to remove difficulties

21. If any difficulty or doubt arises in giving effect to the provisions of this Act,
the Government may, by order published in the Official Gazette, make such
provision or give such directions not inconsistent with the provisions of this Act as
appears to it to be necessary or expedient for the removal of the difficulty or doubt;
and the order of the Government, in such cases, shall be final.

Repeal

22. The Puducherry Motor Vehicles Taxation Act, 1966, (Act No. 4 of 1966) is
hereby repealed.

Validation

23. Notwithstanding anything contained in any judgment, decree or order of

any Court to the contrary, all taxes levied or collected or purporting to have been
levied or collected under the Puducherry Motor Vehicles Taxation Act, 1966 (Act
No. 4 of 1966) (hereinafter referred to as the said Act), shall, for all purposes, be
deemed to be and to have always been, validly levied or collected under the
provisions of this Act, and accordingly ---

(a) any rule, order or appointment purporting to have been made, any
decision or direction purporting to have been given, any action or proceeding
purporting to have been taken, or anything purporting to have been done under
any provision of the said Act shall be deemed to be and to have been a rule, order
or appointment made, decision or direction given, action or proceeding taken, or
thing done under the corresponding provision of this Act;

(b) no suit or other proceedings shall be maintained or continued in any

Court against the Government or any person or authority whatsoever for the refund
of any taxes so paid; and

(c) no Court shall enforce any decree or order directing the refund of any
taxes so paid.
 19

1[SCHEDULE -I

[See section 3(2)]

_____________________________________________________________________
Classes of Vehicle

Quarterly tax
Rs. P.
1. Goods carriages ---

(i) (a) Goods carriages not exceeding

3,000 kgs. in weight laden 350. 00

(b) Goods carriages exceeding

3,000 kgs. but not exceeding
5,500 kgs. in weight laden 700.00

(c) Goods carriages exceeding

5,500 kgs. but not exceeding
9,000 kgs. in weight laden 1,000.00

(d) Goods carriages exceeding

9,000 kgs. but not exceeding
12,000 kgs. in weight laden 1,500.00

(e) Goods carriages exceeding

12,000 kgs. but not exceeding
13,000 kgs. in weight laden 1,600.00

2 [(f) Goods carriages exceeding

13,000 kgs. but not exceeding
15,000 kgs. in weight laden 1,800.00

(g) Goods carriages exceeding

15,000 kgs. in weight laden 1,800.00
(plus Rs.50 for every
250 kgs. of weight or
part thereof in excess
of 15,000 kgs. in
weight laden)];

1 Amended vide Act No.6 of 1996 w.e.f 01.10.1996 published in Extraordinary Gazette Pt-II No.25 dated
21st September 1996.
2 Amended vide Act No.12 of 2002 w.e.f 01-04-2002 published in Extraordinary Gazette Pt-II No.46
dated 29 th November 2002.
 20

Quarterly tax
Rs. P.

(ii) Trailers used for carrying goods other than those

falling under item 4,8,9 and 10 of this Schedule ---

(a) for each trailer not exceeding

3,000 kgs, in weight laden 150. 00

(b) for each trailer exceeding

3,000 kgs. but not exceeding
5,500 kgs. in weight laden 300. 00

(c) for each trailer exceeding

5,500 kgs. but not exceeding
9,000 kgs. in weight laden 550. 00

(d) for each trailer exceeding

9,000 kgs. but not exceeding
12,000 kgs. in weight laden 650. 00

(e) for each trailer exceeding

12,000 kgs. but not exceeding
13,000 kgs. in weight laden 800. 00

(f) for each trailer exceeding

13,000 kgs. but not exceeding
15,000 kgs. in weight laden 1,000. 00

(g) for each trailer exceeding

15,000 kgs. in weight laden 1,000. 00
plus Rs.50 for
every 250 kgs. of
weight or part thereof
in excess of 15,000 kgs.
in weight laden.
 21

1 [2. Motor vehicles plying for hire and used for the
transport of passengers and in respect of which
permits have been issued under the Motor Vehicles
Act, 1988 (Central Act 59 of 1988) –
Quarterly tax
Rs. P.
I. Vehicles permitted to carry in all, --
(a) Not more than three persons including
the driver 40.00
(b) More than three persons but not more
than four persons including the driver 65.00
(c) More than four persons but not more
than six persons including the driver 190.00
(d) More than six persons but not more
than ten persons including the driver
for every person other than the driver 95.00
(e) More than ten persons but not more
than thirteen persons including the driver,
for every person other than the driver 110.00
(f) More than thirteen persons but not more
than twenty-seven persons including the
driver, for every person other than the driver 250.00]
2[(g) More than twenty-seven persons other than

the driver, for every person other than the driver 300.00
(h) Heavy Passenger Motor Vehicle having
seating capacity not exceeding 54 persons, including
the driver, for every person other than the
driver considered as "Deluxe Contract Carriage" 550.00
(i) Heavy Passenger Motor Vehicle having
seating capacity exceeding 54 persons,
including the driver, for every person other
than the driver considered as "Ordinary
Contract Carriage 350.00]
2[II. Vehicles carrying more than five persons other

than the driver and attendant classified as Tourist

Vehicle permitted to ply under sub-section (9)
of section 88 of the Motor Vehicles Act, 1988
(Central Act 59 of 1988) for every person permitted
to carry other than the driver and the attendant 750.00]

1 Substituted Vide Act No. 4 of 1997 w.e.f 01.04.1997 published in Extraordinary Gazette pt-II No.15
dated 14 th May 1997.
2 Amended Vide Act No. 12 of 2002 w.e.f 01.04.2002 published in Extraordinary Gazette pt-II No.46
dated 29 th November 2002.
 22

Quarterly tax
Rs. P.
1 [III
(a) Vehicles to carry more than
twelve persons (other than the
driver and conductor) and
plying exclusively within the limits
of the urban areas, for every person
permitted to carry other than the
driver and conductor 125.00
(b) Vehicles to carry more than
twelve persons (other than the
driver and conductor) and
plying exclusively within the limits
of this territory, for every person
permitted to carry other than the
driver and conductor 250.00
Explanation –
"Limits of this territory" includes, the
distance covered in the enclaves of other
States, if any, lying in between different
Commune Panchayats of this Territory, if
such distances covered in the enclaves in the
aggregate on a particular route do not exceed
16 kms.
(c) Vehicles to carry more than twelve persons
(other than the driver and conductor) and
plying on the routes partly lying in this
Territory and partly lying in other States, for
every person permitted to carry, other than
the driver and conductor --
(i) Ordinary Stage Carriage 340.00
(ii) Express Stage Carriage 350.00

Note: These will also include routes, the termini of which lie within the limits
of this Territory by intervening distance of the enclaves of other States in the
aggregate exceeding 16 kms.

The tax payable in respect of a reserve stage carriage or a bus shall be three-
fourths of the maximum rates payable per passenger for any one of the regular stage
carriages of the permit holder].

1 Substituted Vide Act No. 12 of 2002 w.e.f 01.04.2002 published in Extraordinary Gazette pt-II No.46
dated 29 th November 2002.
 23

3. Motor vehicles not themselves constructed to carry any load

(other than water, fuel, accumulators and other equipments
used for the purpose of propulsion, loose tools and loose
equipments used for haulage only) ---
Quarterly tax
Rs. P.
(a) weighing not more than 2,500 kgs.
unladen 120.00

(b) weighing not more than 2,500 kgs.

unladen 150.00

4. Fire engines, fire tenders and road water sprinklers --

(a) not exceeding 1,000 kgs. in weight laden 20.00

(b) exceeding 1,000 kgs. but not exceeding

1,500 kgs. in weight laden 30.00

(c) exceeding 1,500 kgs. but not exceeding

2,000 kgs. in weight laden 40.00

(d) exceeding 2,000 kgs. but not exceeding

3,000 kgs. in weight laden 50.00

(e) exceeding 3,000 kgs. but not exceeding

4,000 kgs. in weight laden 60.00

(f) exceeding 4,000 kgs. but not exceeding

5,500 kgs. in weight laden 75.00

(g) exceeding 5,500 kgs. but not exceeding

7,500 kgs. in weight laden 90.00

(h) exceeding 7,500 kgs. but not exceeding

9,000 kgs. in weight laden 110.00

(i) exceeding 9,000 kgs. in weight laden 120.00

 24

Quarterly tax
Rs. P.
(j) Additional tax payable in respect of such
vehicles used for drawing trailers including
fire engines trailer pumps –

(i) for each trailer not exceeding 1,000 kgs.

in weight laden 15.00

(ii) for each trailer exceeding 1,000 kgs.

but not exceeding 1,500 kgs. in weight laden 20. 00

(iii) for each trailer exceeding 1,500 kgs.

but not exceeding 2,000 kgs. in weight laden 25. 00

(iv) for each trailer exceeding 2,000 kgs.

in weight laden 40. 00

Provided that two or more vehicles shall not be chargeable

under this item in respect of same trailer.

5. Motor cycles (including motor scooters and cycles with

attachment for propelling the same by mechanical powers)
not exceeding 408 kgs. in weight, unladen –
Annual tax
Rs. P.
(a) motor cycle 56 CC to 75 CC 50.00
(b) motor cycle exceeding 75 CC to 170 CC 100.00
(c) motor cycle exceeding 170 CC and tricycle 150.00

6. Invalid carriages 32.00

7. Motor vehicles other than those liable to tax under the

foregoing provisions of the items 1 to 6 of this Schedule--
Annul tax
Rs. P.
(a) motor vehicles more than 3,000 kgs.
unladen weight owned by Educational
Institutions 1,200.00
(b) motor vehicles with/without trailer fitted
with equipments life Rig, Generators,
Compressors irrespective of laden weight 2,000.00
 25

1[8. Motor vehicles other than those liable to tax under the
foregoing provisions of the items 1 to 7 of this Schedule--
Annul tax
Rs. P.

(a) weighing not more than 700 kgs. unladen 500.00

(b) weighing more than 700 kgs. but not
more than 1,500 kgs. unladen 650.00
(c) weighing more than 1.500 kgs. but not
more than 2,000 kgs. unladen 800.00
(d) weighing more than 2,000 kgs. but not
more than 3,000 kgs. unladen 850.00
(e) weighing more than 3,000 kgs. unladen
in respect of which private transport vehicle
permit is not required under the Motor
Vehicles Act, 1988 900.00]

9. Motor vehicles, other than those liable to tax under the

foregoing, provisions of the items 1 to 8 of this Schedule
weighing more than 3,000 kgs. unladen and covered by
private transport vehicle permit and those in respect of
which private service vehicle permit is required under the
Motor Vehicles Act, 1988.
Quarterly tax
Rs. P.
(a) In respect of the Private Service Vehicle 300.00
(b) In other cases ---
for every person (other than the driver)
which the vehicle is permitted to carry 50.00

10. Additional tax payable in respect of vehicle referred to in

item 8 and 9 used for drawing trailers ---

(i) for each trailer not exceeding 1 tonne

in weight unladen 20.00
(ii) for each trailer exceeding 1 tonne
in weight unladen 30.00

Provided that two or more vehicles shall not be chargeable under

items 8,9 and10 of this Schedule in respect of the same trailer.

1 Substituted Vide Act No. 4 of 1997 w.e.f 01.04.1997 published in Extraordinary Gazette pt-II No.15 dated
14 th May 1997.
 26

1 [SCHEDULE - IA
[See section 3 (2) second proviso]
SCHEDULE OF ONE TIME TAX
Class of Vehicles

Motor Motor Motor Motor Motor Motor

cycle cycle cycle vehicle vehicle vehicle
56 CC exceeding exceeding weighing weighing weighing
Sl. Vehicle but not 75 CC 170 CC not more more than more than
No. exceeding but not and 700 kgs. 700 kgs. 1,500 kgs.
75 CC exceeding tricycle unladen but not unladen
170 CC more than
1,500 kgs.
unladen
(1) (2) (3) (4) (5) (6) (7) (8)

RATE OF TAX
Rs. Rs. Rs. Rs. Rs. Rs.
1. At the time of registration
of new vehicle 350 700 1,000 4,500 5,500 7,500
2. If the vehicle is already
registered and its age from the
month of registration is ---
(i) Not more than 1 year 315 630 945 4,000 5,200 6,000
(ii) More than 1 year but
not more than 2 years 285 565 850 3,600 4,680 5,400
(iii) More than 2 years but
not more than 3 years 250 500 755 3,200 4,160 4,800
(iv) More than 3 years but
not more than 4 years 220 440 660 2,800 3,640 4,200
(v) More than 4 years but
not more than 5 years 190 380 565 2,400 3,120 3,600
(vi) More than 5 years but
not more than 6 years 155 315 475 2,000 2,600 3,000
(vii) More than 6 years but
not more than 7 years 125 250 380 1,600 2,080 2,400
(viii) More than 7 years but
not more than 8 years 95 190 285 1,200 1,560 1,800
(ix) More than 8 years but
not more than 9 years 65 125 190 800 1,040 1,200
(x) More than 9 years but
not more than 10 years 30 65 95 400 520 600
(xi) More than 10 years 20 40 50 250 300 400]

1 Amended vide Act 6 of 1996 w.e.f 01.10.1996 and published in EG Pt-II No.25 dated 21.09.1996.
Note: Schedule-IB was originally inserted by Act 13 of 1988, section 4, w.e.f 19.05.1988 consequent of insertion of new section ibid.
Consequent on the amendement of section 4A by Act 6 of 1996 Schedule I-B was omitted vide Act 6 of 1996 w.e.f 01.10.1996 and published in
EG Pt-II No.25 dated 21.09.1996.
 27

1 SCHEDULE - II
[See section 4 (1) (c)]

Rate of taxes
Sl. Class of vehicles For a period For a period
No. not exceeding exceeding
seven days seven days but
not exceeding
thirty days

(1) (2) (3) (4)

Rs. P. Rs. P.
1. Motor Vehicles whether used for drawing a trailer or
side car or not including motor scooters and cycle with
attachment for propelling the same by mechanical
power 5.00 15.00
2. Invalid Carriages 2.00 5.00

3. Goods Carriages ---

(a) vehicles not exceeding 3,000 kgs.
in weight laden 30.00 90.00
(b) vehicles exceeding 3,000 kgs.
but not exceeding 5,500 kgs.
in weight laden 50.00 150.00
(c) vehicles exceeding 5,500 kgs.
but not exceeding 9,000 kgs.
in weight laden 100.00 300.00
(d) vehicles exceeding 9,000 kgs.
but not exceeding 12,000 kgs.
in weight laden 200.00 600.00
(e) vehicles exceeding 12,000 kgs.
but not exceeding 13,000 kgs.
in weight laden 250.00 750.00
2 [(f) vehicles exceeding 13,000 kgs.
but not exceeding 15,000 kgs.
in weight laden 320.00 960.00
(g) vehicles exceeding 15,000 kgs.
in weight laden 320. 00 960.00]
plus* plus*
Rs.5.00 Rs.15.00
* (for every 250 kgs. in excess or
part thereof.)]

1 Amended vide Act 6 of 1996 w.e.f 01.10.1996 and published in EG Pt-II No.25 dated 21.09.1996.
2 Substituted Vide Act No. 12 of 2002 w.e.f 01.04.2002 published in Extraordinary Gazette pt-II No.46
dated 29th November 2002.
 28

Rate of taxes
Sl. Class of vehicles For a period For a period
No. not exceeding exceeding
seven days seven days
but not exceeding
thirty days

(1) (2) (3) (4)

Rs. P. Rs. P.
4. Trailers used for carrying goods other than those falling
under item 4 of Schedule I --

(a) for each trailer not exceeding

3,000 kgs. in weight laden 30.00 90.00

(b) for each trailer exceeding 3,000 kgs.

but not exceeding 5,500 kgs. in weight laden 50.00 150.00

(c) for each trailer exceeding 5,500 kgs.

but not exceeding 9,000 kgs. in weight laden 100.00 300.00

(d) for each trailer exceeding 9,000 kgs.

but not exceeding 12,000 kgs. in weight laden 200.00 600.00

(e) for each trailer exceeding 12,000 kgs.

but not exceeding 13,000 kgs. in weight laden 250.00 750.00

(f) for each trailer exceeding 13,000 kgs.

but not exceeding 15,000 kgs. in weight laden 300.00 900.00

(g) for each trailer exceeding 15,000 kgs.

in weight laden 300.00 900.00
plus plus
Rs.5 Rs.15
for every for every
250 kgs. 250 kgs.
in excess in excess
or part or part
thereof thereof
5. Motor vehicle plying for hire and used for the
transport of passengers and in respect of which
permits have been issued under the Motor Vehicles Act ---
(a) to carry not more than three persons
(other than the driver) 20.00 60.00
 29

Rate of taxes
Sl. Class of vehicles For a period For a period
No. not exceeding exceeding
seven days seven days
but not exceeding
thirty days

(1) (2) (3) (4)

Rs. P. Rs. P.
(b) to carry more than three persons (other than
the driver) but not more than five persons
(other than the driver) for every person (other
than the driver) which the vehicle is permitted
to carry 25.00 75.00
(c) vehicles permitted to ply as stage carriage
and to carry more than six persons (other
than the driver and conductor) for every
person (other than the driver and conductor)
which the vehicle is permitted to carry 30.00 90.00
1[(d) Vehicles permitted to ply solely as Contract

Carriage (not being Stage carriage plying as

Contract Carriages) and to carry more than five
persons (other than the driver) in respect of
Light Motor Vehicles and Medium Motor Vehicles,
for every person (other than the driver) which
the vehicle is permitted to carry 40.00 120.00
(e) Heavy Passenger Motor Vehicles having
seating capacity not exceeding 54 persons,
including the driver, for every person other than
the driver considered as "Deluxe
Contract Carriage" 75.00 225.00
(f) Heavy Passenger Motor Vehicles having
seating capacity exceeding 54 persons,
including the driver, for every person
other than the driver considered as "ordinary
Contract Carriage" 45.00 135.00]
2[5A. Vehicles carrying more than five persons other than

the driver and conductor, classified as Tourist Vehicle

permitted to ply under sub-section (9) of section 88 of the
Motor Vehicles Act, 1988 (Central Act 59 of 1988), for every
person permitted to carry other than the driver
and the attendant 100.00 300.00]

1 Substituted Vide Act No. 12 of 2002 w.e.f 01.04.2002 published in Extraordinary Gazette pt-II No.46
dated 29th November 2002.
2 Inserted Vide Act No. 12 of 2002 w.e.f 01.04.2002 published in Extraordinary Gazette pt-II No.46
dated 29th November 2002.
 30

Rate of taxes
Sl. Class of vehicles For a period For a period
No. not exceeding exceeding
seven days seven days
but not exceeding
thirty days

(1) (2) (3) (4)

Rs. P. Rs. P.
6. Motor vehicles other than those liable to tax under the
foregoing provisions of this Schedule ---
(a) weighing not more than 700 kgs. unladen 10.00 30.00
(b) weighing more than 700 kgs. but not
more than 1,500 kgs. unladen 20.00 60.00
(c) weighing more than 1,500 kgs. but not
more than 2,000 kgs. unladen 30.00 90.00
(d) weighing more than 2,000 kgs. but not
more than 3,000 kgs. unladen 40.00 120.00
(e) weighing more than 3,000 kgs. unladen
in respect of which private transport
vehicle permit is not required under the
Motor Vehicles Act 50.00 150.00
(f) Additional tax payable in respect of
vehicles referred to in item 4 and used for
drawing trailers –
(i) for each trailer not exceeding 1 tonne
in weight unladen 10.00 30.00
(ii) for each trailer exceeding 1 tonne
in weight unladen provided that two
or more vehicles shall not be chargeable
under this item in respect of the
same trailer 20.00 60.00

_______
 31

STATEMENT OF OBJECTS AND REASONS FOR ACT 5 OF 1967

The Madras Motor Vehicles taxation Act, 1931 (Madras Act No. 3 of 1931)
has been made applicable to this Union Territory with suitable modifications under
the Puducherry Motor vehicles taxation Act, 1966 (Act No.4 of 1966) with effect
from 1-7-1966. In view of the fact that doubts have been expressed with regard to
the vires of certain provisions of the said Act, it had been decided to exact afresh a
consolidated Act with retrospective effect from 1-7-1966. The present Bill seeks to
achieve the above object.
_____
STATEMENT OF OBJECTS AND REASONS FOR ACT 24 OF 1970
The Puducherry Motor Vehicles Taxation Act, 1967 is based on the
corresponding Act of Tamil Nadu and for collecting tax under the Act, the same
rates as were obtaining in Tamil Nadu at that time have been adopted.
Subsequently the Government of Tamil Nadu have revised the rates of tax in
respect of certain classes of vehicles. Normally, out rates of tax must be slightly less
than those which are prevalent in the neighbouring State in the interest of the
residents of this Union territory. It is, therefore, proposed to enhance the present
rates keeping them below the revised rates actually in vogue in Tamil Nadu.

2. A Notification was, therefore, issued by the Government on 26-3-1970

amending Schedules I and II to the Act to achieve the objects in view. This Bill is
intended to give effect to the amendments specified in the above- said notification.
Vide sub-section (2) of section 20 of the Act.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 9 OF 1973

Under Schedules I and II of the Puducherry Motor Vehicles Taxation Act,
1967, the maximum permitted laden weight for which tax prescribed was upto
10,500 kgs. for goods vehicles. This was due to the fact that sub-rule (1) of rule 6 (1)
of the Delhi Motor Vehicles Rules 1940 as applicable to this Union territory of
Puducherry restricted the maximum laden weight of a goods vehicles to 12 tons.
Due to the advance in the manufacturing techniques of motor vehicles to withstand
higher load capacity and due to improvement of roads, this restriction was
removed by an amendment to the said rule in 1971 in line with other States. This
necessitated fixation of tax slab rates for the goods vehicles whose permitted laden
weights exceeded 10,500 kgs.

A notification was therefore issued by the Government altering the

Schedules I and II to the Act to achieve the objects in view. This bill is intended to
give effect to the amendments specified in the abovesaid notification.
_______
 32

STATEMENT OF OBJECTS AND REASONS FOR ACT 1 of 1974

Under schedules I and II of the Puducherry Motor vehicles Taxation Act,

1967, the maximum permitted laden weight for which tax prescribed was upto 10,
500 kgs. For goods vehicles. This was due to the fact that sub-rule (i) of rule 6.1 of
the Delhi Motor Vehicles rules 1940 as applicable to this Union territory of
Puducherry restricted the maximum laden weight of a good vehicles to 12 tons.
Due to the advance in the manufacturing techniques of motor vehicles to withstand
higher load capacity and due to improvement of roads, this restriction was
removed by an amendment to the said rule in 1971 in line with other States, this
necessitated fixation of tax sub rates for the goods vehicles whose permitted laden
weights exceeded 10,500 kgs.

A notification was therefore issued by the government altering the schedules

I and II to the Act to achieve the objects in view. This bill is intended to give effect to
the amendments specified in the above said notification.
_____
STATEMENT OF OBJECTS AND REASONS FOR ACT 7 OF 1977

The proposed amendment to the Puducherry Motor Vehicles Taxation Act,

1967 is aimed to amend the Act on three scores. In the first instance, a definition of
“Urban area” is proposed, to be inserted in Section 2, so that the demand of the tax
based on the specific slab for vehicles plying within the urban area is duly protected
by law. In the second instance, a proviso in section 3 (1) is proposed, to enable
adjustment of tax paid among the different category of public carrier permits viz.
Regional, Zonal and National permits. Thirdly, a revision of the existing tax rates
contained in Schedule I of the Act is proposed in order to suitably revise the taxes
on certain categories of motor vehicles.

The amendment seeks to achieve the above objects.

________
 33

STATEMENT OF OBJECTS AND REASONS FOR ACT 9 OF 1980

In Schedule I, attached to the Puducherry Motor Vehicles Taxation Act, 1967, (Act 5
of 1967) under sub-item (iii) of item 4, the rate of tax for contract carriages used for tourist
purposes is provided.

The present rate of Rs.100 per seat is meant for mere contract carriages which are
permitted to ply within the Union territory of Puducherry and to ply outside the State
under section 63 (6) of the Motor Vehicles Act. But an omni bus which is permitted under
All India Tourists Motor Vehicles (Puducherry) Rules, 1977 has a vast scope of operation
throughout India and thus has better earning capacity than the ordinary contract carriages.
It is, therefore, proposed now to fix the rate of tax applicable to such omni buses covered by
permits for all India operation as Rs.150 per seat while maintaining the present rate of tax
for the ordinary contract carriages. This revision involves additional revenue to the State.
No increase in the rate of tax is proposed for tourist taxis covered by All India Tourist
Permits, since those tax are normally working on petrol.
The amendment seeks to achieve the above objects.
______

STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1985

In schedule I, attached to the Puducherry Motor Vehicles Taxation Act, 1967 (Act 5
of 1967), under sub-item (iii) of item 4, the rate of tax for contract carriages used for tourist
purposes has been provided.

The present rate of Rs.100/- per seat is meant for mere contract carriages having
seating capacity if more than five persons but not more than twelve persons other than the
driver and which are permitted to ply within the Union territory of Puducherry and to ply
outside the state under section 13 (6) of the Motor Vehicles Act, 1939. The present rate of
Rs.150/- is meant for contract carriages having seating capacity of more than twelve
persons (other than the driver) and which are permitted to ply within the Union territory of
Puducherry and to ply outside states under section 63 (6) of the Motor Vehicles Act. As the
tourist taxi/motor cab which is permitted under the All India Tourist Motor Vehicles
(Puducherry) Rules, 1977 having seating capacity of more than five persons (other than the
driver) is having vast scope of operation throughout India and thus has better earning
capacity than the ordinary contract carriage which are permitted to ply within the Union
territory of Puducherry only and hence the present rate of Rs.150/-. per seat is fixed. An
omni bus which is permitted under the All India Tourist Motor Vehicles (Puducherry)
Rules, 1977 is also having vast scope of operation and having better earning capacity. It is,
therefore, proposed to fix the rate of tax as Rs.180/- per seat while maintaining the present
rate of tax of Rs.150/- per seat for ordinary contract carriages which are permitted to ply in
the Union territory of Puducherry only.

The Bill seeks to active the above objects.

________
 34

STATEMENT OF OBJECTS AND REASONS FOR ACT 13 OF 1988

The Puducherry Motor Vehicles Taxation Act, 1967 (No.5 of 1967) provides in
sections 3 and 4, payment of tax on motor vehicles using public roads in Puducherry
quarterly, half-yearly or annually, The Conference of Transport Ministers have
recommended that the registered owners of non- transport vehicles may be required to pay
tax in respect of their vehicles in one go. Collecting one time tax is considered to be
beneficial and convenient both to Government and the Public. For the purposes of
collecting one time tax, the life of the vehicle is taken as 15 years and a rebate of 10% is
allowed on account of the advance payment of tax. When a vehicle is transferred to another
State, provisions should be made for refund of tax. For these purposes, it is proposed to
amend sections 3 and 4 of the Act and also add a new section 4A providing for refund of
tax. It is also necessary to amend the Schedule I and insert the new Schedule IA prescribing
the Schedule of one time tax and Schedule lB prescribing the rate of refund of tax.

The Bill seeks to achieve the above objects.

________

STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1989

The Puducherry Motor Vehicles Taxation Act, 1967 was amended by Act No.13 of
1988 providing for payment of tax in advance in lumpsum by the registered owner of the
non-transport motor vehicles. The payment of this one-time tax is made compulsory and
this has caused inconvenience and hardship to many. It is therefore proposed to make the
payment of one-time tax optional and such one-time tax shall be collected only where the
registered owner makes an application in writing in that behalf. It is necessary to amend
the second proviso to sub-section (2) of section 3 of the Act to achieve the above purpose
and also to make other consequential and incidental amendments in the Puducherry Motor
Vehicles Taxation Act. It is also necessary to take powers to prescribe the period within
which tax is to be paid.
The Bill seeks to achieve the above objects.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT .9 OF 1990

For the purpose of augmenting and generating funds to the exchequer, rates of tax
on transport vehicles are proposed to be enhanced. Also in the levy of tax on stage
carriages, the quantum of tax to be collected on stage carriages which are not covered in
inter-State agreement has not been prescribed in Schedule-I. This has to be rectified. In the
case of All India Tourist Omni bus, even through the Central Motor Vehicles Rules, 1989
provides for seating arrangement to an attendant, the taxation Schedule does not provide
for exemption for the attendant from the levy of tax. This has to be specifically provided for
in the Act. These necessitated amendment to Schedule I and Schedule II of the Puducherry
Motor Vehicles Taxation Act, 1967 (hereinafter referred to as the principal Act).

In the above circumstances, a notification was issued in Welfare Secretariat

(Transport) [Link]. No.42/90-Wel. (Tr.)., dated 24th September, 1990 making amendment
to schedules I and II of the principal Act. Thereafter, a notification under sections 3 and 4 of
 35

the said Act was issued prescribing the revised rates of tax to be effective from the quarter
commencing on the 1st July, 1990 in Welfare Secretariat (Transport) [Link].43/ 90-
Wel.(Tr.), dated 24th September, 1990. The amendment to the notification and the levy of
the revised rates of tax from 1st July, 1990 has to be regularised and validated by
introducing a Bill in the Legislative Assembly as required under sub-section (2) of section
20 of the principal Act. It is also pointed out that before the issue of the said notification in
[Link]. No.43/90-Wel.(Tr.), dated 24th September, 1990, there was no appropriate entry in
Schedule I to levy tax on vehicles permitted to ply as stage carriages and to carry more than
six persons (excluding the driver) and plying on inter-State routes not covered by any inter-
State agreement for the levy of single point tax. However, the Government has been
collecting from 1st October, 1983 for such vehicles, taxes at the rate covered by inter-State
tax. This has to be validated by making the amendment to the entry against sub-item 2(c) of
item 4 of the First Schedule to the principal Act to be effective from 1st October, 1983. There
are a few other formal amendments required to the Act consequent on the enactment of the
Motor Vehicles Act, 1988 and the change in the nomenclature of goods vehicles into goods
carriage. Necessary amendments to these effects have to be made in the principal Act
together with a suitable provision for validation.
3. The Bill seeks to achieve the above object.

______
STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1992

For the purpose of augmenting and generating funds to the chequer, the rates of tax
on transport vehicles are proposed to enhanced. In schedules I, IA, and IB, to the
Puducherry Motor Vehicles Taxation Act, 1967, the classification of personalized vehicles
has been shown according to the horse power of the vehicles. This classification is required
to be changes according to the cubic capacity of the vehicles as the Motor Vehicles Act,
1988, stresses importance on cubic capacity. The revision tax and classification of
personalized vehicles necessitate amendment to Schedules I, IA, TB, and II of the
Puducherry Motor Vehicles Taxation Act, 1967 (hereinafter referred to as the principal Act)

A notification was issued in Chief Secretariat (Transport) [Link]. No. 13/92-Wel.

(Tr.), dated 1st April 1992, making amendments to Schedules I and II of the principal Act.
Thereafter another notification under section 3 and 4 of the said Act was used prescribing
the revised rates of tax to be effective from the quarter commencing on the 1st day of April
1992. There are a two other formal amendments requires to the schedules IA, and lB the
principal Act based on the changes proposed to be made the classification of vehicles.
Necessary amendments to these effects have to be made to the principal Act.
This Bill seeks to achieve the above objects.

______
STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1993

In deference to the demand of Puducherry Lorry Owners’ Association who have

been representing for reduction of quarterly tax levied on goods carriages, it is proposed to
revert to the rates which were existing prior to April, 1002 in respect of goods carriages.
The revision in tax and classification of goods carriages according to laden weight
 36

necessitate amendment to Schedules I and II of the Puducherry Motor Vehicles Taxation

Act, 1967 (hereinafter referred to as the principal Act).

A notification was issued in chief secretariat (Transport) [Link]. No. 16/93-

Wel.(Tr.), dated 1st April, 1993, making amendments to Schedules-I and II of the principal
Act. Thereafter another notification under sections 3 and 4 of the said Act was issued
prescribing the revised rates of tax to be effective from the quarter commencing on the 1st
day of April, 1993, vide [Link]. No. 17/93-Wel. (Tr), dated 1st April, 1993. Necessary
amendments to these effects have to be made to the principal Act.
This Bill seeks to achieve the above objects.
______
STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1996

In order to mobilize the additional resources of revenue to this Additional

ministration in the interest of public and to rationalise the tax, some of the provisions of the
Puducherry Motor Vehicles Taxation Act. 1967 need change. To achieve the above object
insertion of certain new provisional and modification in the Schedules to the Act are very
much necessitated. It had been proposed to enhance the rate of tax on several categories of
vehicles.
The Bill seeks to achieve the above object.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1997

In order to mobilise the additional resources of revenue to this Administration and

to rationalise the tax, it has been proposed to enhance quarterly tax in respect of
autorickshaw, taxi, vikram three wheelers, stage carriages of certain categories and to
enhance the annual tax in respect of certain motor vehicles.

2. A notification was issued in [Link]. 28/97-Wel.(Tr.), dated the 1st April, 1997
of the Chief Secretariat (Transport) making amendments to Schedule-I to the Puducherry
Motor Vehicles Taxation Act, 1967. Simultaneously another notification under section 3 of
the said Act was issued prescribing the revised rates of tax to be effective from the quarter
commencing on and from the 1st day of April, 1997, vide [Link]. No.27/97- Wel. (Tr.),
dated the 1st April, 1997 of the chief Secretariat (Transport). Necessary amendments to
these effects have to be made to the Principal Act.

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1999

In order to mobilize the additional resources of revenue to Administration and to

rationalize the tax, it has been proposed to enhanced quarterly tax in respect of stage
carriages of certain categories
 37

2. A notification was issued in [Link]. No.9/99-Wel(Tr), dated 1st April, 1999 of

the Chief Secretariat (Transport), Puducherry make amendments to schedule I to the
Puducherry Motor Vehicles Taxation 1967. Simultaneously another notification under
section 3 of the said was issued prescribing the revised rates of tax to be effective from the
quarter commencing on and from the 1st say of April 1999, vide [Link]. 8 Wel. (Tr),
dated 1st April, 1999 of the Chief Secretariat, Puducherry. Necessary amendments to these
effectives have to be made to the principal.

3. The Bill seeks to achieve the above object.

______
STATEMENT OF OBJECTS AND REASONS FOR ACT 12 OF 2002

In order to mobilize the additional resources of revenue to this Administration and

to rationalise the tax, it has been proposed to enhance quarterly tax in respect of Goods
Carriages, Omni Buses, Tourist Vehicles, Stage Carriages and Contract Carriages.

2. Notifications were issued in [Link]. No.29/2002 (Tr.), dated 24th May 2002 and
[Link]. No.31/2002 (Tr.), dated 24th May, 2002 of the Transport Department (Secretariat
Wing), Puducherry making amendments to Schedule I and Schedule II to the Puducherry
Motor Vehicles Taxation Act, 1967. Simultaneously notifications under sub-section (1) of
section 20 and clause (c) of sub-section (1) of section 4 of the Puducherry Motor Vehicles
Taxation Act, 1967 were issued prescribing the revised rates of tax to be effective from the
quarter commencing on and from 1st April, 2002 in [Link].30/2002 (Tr.), dated 24th
May, 2002 and [Link]. No.32/2002 (Tr.), dated 24th May, 2002 of the Transport
Department (Secretariat Wing), Puducherry. Necessary amendments to these effects have
to be made to the principal Act.

3. This Bill seeks to achieve the above objects.

_________
 38

STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 2003

The Puducherry Motor Vehicles Taxation Act, 1967 provides for the levy of taxes on
motor vehicles in the Union Territory of Puducherry.

2. It is found that the existing provisions of the Puducherry Motor Vehicles Taxation
Act, 1967 do not help much to control the number of the tax defaulters which has been on
the steady increase. It has therefore been proposed to amend the provisions of the said Act
to provide for the prompt levy of taxes by including certain provisions in the said Act,
whereby applications for fitness certificate and duplicate certificate of registration will not
be entertained unless the tax due in respect of the vehicle is paid. The validity of the permit
in respect of a transport vehicle shall also become ineffective if tax is not paid within the
prescribed period. The amendment also proposed to provide for the recovery of tax which
escaped assessment and to provide for fixing responsibility and liability in respect of
offences committed by companies. It is also proposed to provide for the remission of both
prospectively and retrospectively, the tax or penalty or both in respect of notified cases
under prescribed circumstances and conditions. Further, it is proposed to levy tax in
respect of motor vehicles kept for use in Puducherry also by amending section 3 of the
Puducherry Motor Vehicles Taxation Act, 1967.

3. The Bill seeks to achieve the above objects.

_______
 39

THE PUDUCHERRY GENERAL SALES TAX ACT, 1967

(No. 6 of 1967)

Repealed by the Puducherry Value Added Tax Act, 2007 (Act No. 9 of 2007).

________

THE PUDUCHERRY MUNICIPAL DECREE

(AMENDMENT) ACT, 1967
(No. 7 of 1967)

Repealed by the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973).

________
 40

THE PUDUCHERRY SURVEY AND BOUNDARIES

ACT, 1967
(No. 8 of 1967)

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

SECTION

1. Short title, extent and commencement.

2. Definitions.
3. Government to appoint survey officers.

CHAPTER II

SURVEY OF LANDS

4. Government may direct the survey of land or of any boundary of

such land.
5. Notification to be published by survey officers.
6. Survey Officer to carry out the survey in the prescribed manner.
7. Cost to be charged to persons interested in the lands surveyed.
8. Power of survey officer to determine and record an undisputed
boundary.
9. Power of survey officer to determine and record a disputed
boundary.
10. Appeals against orders under section 8 or 9.
11. Completion of demarcation to be notified.
12. Institution of a suit in civil court within three years to establish
rights claimed in respect of the boundary of the property surveyed.
13. Registered holders responsible for the maintenance of survey
marks.
14. Duties of village officers.
 41

CHAPTER III

LAND RECORDS

15. Preparation of record of rights. omitted

16. Publication of the record of rights. omitted
17. Jurisdiction of civil courts to decide disputes. omitted
18. Correction of bona fide mistake in register. omitted
19. Register of mutations. omitted
20. Penalty for neglect to afford information. omitted
21. Assistance in preparation of maps. omitted
22. Certified copies. omitted
23. Maps and other records open to inspection. omitted

CHAPTER IV

MISCELLANEOUS

24. Power to enter upon, examine and clear obstruction on lands.

25. Power to summon witnesses and require production of
documents.
26. Reference to arbitration.
27. Registered holder may recover expenses paid by him from the
owner of the land may acquire a charge upon the land to that
extent.
28. Power to make rules.
29. Protection of action taken.
30. Power to remove difficulties.
31. Repeal and saving.
______
 42

THE PUDUCHERRY SURVEY AND BOUNDARIES ACT, 1967

(No. 8 of 1967)

AN ACT

to amend the law relating to survey of land and settlement of boundary

disputes in the Union territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Eighteenth

year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY
Short title, extent and commencement

1. (1) This Act may be called the Puducherry Survey and Boundaries Act,
1967.

(2) It extends to the whole of the Union territory of Puducherry.

*[(3) It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint and different dates may be appointed
for different areas.
Definitions

2. In this Act, unless the context otherwise requires, --

(a) ‘Collector’ means any officer appointed by the Government to exercise
and perform all or any of the powers and functions of a Collector under this Act;
(b) ‘Controller’ means an officer of the Contributions Department
competent to assess all direct and indirect taxes;
(c) ‘Government’ means the Administrator appointed by the President
under article 239 of the Constitution;
(d) ‘prescribe’ means prescribed by rules framed under this Act;
(e) ‘Registered holder’ of any land means the person in whose name the
land in question is registered in the Government accounts of the village:

* The Act came into force from 1st March, 1968 vide EG. No.10 dated 17.02.1968.
-
 43

Provided that when any person other than the registered holder is in lawful
management of land otherwise than as agent or servant of the registered holder or
as mortgagee or lessee, such person shall be deemed to be the registered holder in
respect of such land;

(f) ‘Registered holder’ in case of joint registration means where the land is
registered in the names of two or more persons jointly, the person who is
recognised by the other joint holders as the manager or who, in case of disputes, is
recognised by the Collector as senior joint holder;

(g) ‘Revenue Officer’ means any officer appointed by Government in this

behalf and includes all officers of the Contributions Department not below the rank
of Karnam (Surveillant de Domaine);

(h) ‘Survey’ includes all operations incidental to the determination,

measurement and record of a boundary or boundaries, or any part of a boundary
and includes a resurvey;

(i) ‘Survey mark’ means any mark or object erected, made, employed or
specified by a survey officer to indicate or determine or assist in determining the
position or level of any point or points;

(j) ‘Survey Officer’ means any person appointed to be a survey officer

under section 3;

(k) ‘Union territory’ means the Union territory of Puducherry;

(l) ‘Village Headman’ and ‘Village Accountant’ include “Agent de

Recettes” and “Surveillant de Domaine”.

Government to appoint survey officers

3. (1) The Government may, by notification in the Official Gazette, appoint

any person either by name or by virtue of his office to be a survey officer for all or
any of the purposes of this act.

(2) Subject to the control of the Government and of any officer or authority
appointed by it in this behalf, every person so appointed shall exercise and perform
the powers and duties of a survey officer within such local limits and for such
periods of time as the Government may direct.

(3) The Government may delegate its powers under sub-sections (1) and (2)
to such officer or authority as it thinks fit.
 44

CHAPTER II

SURVEY OF LANDS

Government may direct the survey of land or of any

boundary of such land

4. The Government or, subject to the control of the Government, any officer or
authority to whom his power may be delegated by it may, by notification, order a
survey of any land or of any boundary of such land.

Notification to be published by survey officers

5. (1) When any survey is ordered under section 4, the survey officer shall
publish a notification in the prescribed manner inviting all persons having any
interest in the land or in the boundaries of which the survey has been ordered to
attend either in person or by agent at a specified place and time and from time to
time thereafter when called upon for the purpose of pointing out boundaries and
supplying information in connection therewith.

(2) A notification published under sub-section (1) shall be held to be a valid

notice to every person having any interest in the land or in the boundaries of which
the survey has been ordered.

Survey officer to carry out the survey in the prescribed manner

6. The survey officer shall carry out the survey in the prescribed manner.

Cost to be charged to persons interested in the lands surveyed

7. (1) The cost, if any, of the labour employed and of the survey marks used in
any survey notified under section 4 shall be determined or apportioned in the
prescribed manner among the persons who have any interest in the land or in the
boundaries of which the survey has been ordered and shall be recoverable from
such persons as an arrear of land revenue under the law for the time being in force
in that behalf. Notice of such determination and apportionment shall be given in the
prescribed manner to the persons aforesaid.

(2) Any person affected by a decision under sub-section (1) may appeal to
the prescribed officer whose decision, with reasons therefor, shall be recorded in
writing and notice of such decision shall be given in the prescribed manner to the
parties to the appeal.
 45

(3) An appeal under sub-section (2) shall be preferred within three months
from the date of service of notice under sub-section (1), after excluding the time
taken for obtaining a copy of the decision.

(4) Any appeal may be admitted after the period of limitation mentioned in
sub-section (3) when the appellant satisfies the appellate authority that he had
sufficient cause for not preferring the appeal within such period.

Explanation. --- The fact that notice under sub-section (1) was not served
personally on the appellant shall be deemed to be good and sufficient cause within
the meaning of this sub-section.

(5) A copy of the order under sub-section (2) shall be furnished to any
person interested in such order on his application and on payment of the prescribed
cost.

Power of survey officer to determine and record

an undisputed boundary

8. (1) The survey officer shall have power to determine and record as
undisputed any boundary in respect of which no dispute is brought to his notice.

(2) Notice of every decision of the survey officer under sub-section (1) shall
be given in the prescribed manner to the registered holders of the lands, the
boundaries of which may be affected by the decision.

Power of survey officer to determine and record

a disputed boundary

9. (1) Where a boundary is disputed, the survey officer, after making such
enquiry as he considers necessary, shall determine the boundary and record it in
accordance with his decision. The survey officer shall record in writing the reasons
for his decision.

(2) Notice of every decision of the survey officer under sub-section (1) shall
be given in the prescribed manner to the parties to the dispute and other registered
holders of the lands, the boundaries of which may be affected by the decision.
 46

Appeals against orders under section 8 or 9

10. (1) Any person affected by a decision under section 8 or 9 may appeal to
the prescribed authority. The decision of the appellate authority with reasons
therefor shall be recorded in writing and notice of such decision shall be given in
the prescribed manner to the parties to the appeal. Any modification of the survey
officer’s decision, ordered by the appellate authority, shall be noted in the record
prepared under section 8 or 9, as the case may be.

(2) A copy of the order and a copy of the map recording the boundaries as
determined under section 8, 9 or sub-section (1) of this section shall be furnished to
any person interested in such order or map, as the case may be, on his application
and on payment of the prescribed cost.

(3) An appeal under sub-section (1) shall be preferred within three months
from the date of service of notice under section 8 or 9:

Provided that in computing the period of limitation the time taken for
obtaining a copy of the decision and of the map shall be excluded.

(4) Any appeal may be admitted after the period of limitation mentioned in
sub-section (3) when the appellant satisfies the appellate authority that he had
sufficient cause for not preferring the appeal within such period.

Explanation. – The fact that notice under section 8 or 9 was not served
personally on the appellant shall be deemed to be good and sufficient cause within
the meaning of this sub-section.

(5) No appeal shall be admitted under sub-section (4) after the issue of the
notification specified in section 11.

Completion of demarcation to be notified

11. When the survey of any land or boundary which has been notified under
section 4 has been completed in accordance with the orders passed under section 8,
9 or 10, the survey officer shall notify the fact in the Official Gazette and a copy of
such notification shall be pasted in the village chavadi, if any, of the village to
which the survey relates; unless the survey so notified is modified by a decree of a
civil court under the provisions of section 12, the record of the survey shall be
conclusive proof that the boundaries determined and recorded therein have been
correctly determined and recorded.
 47

Institution of a suit in civil court within three years to establish

rights claimed in respect of the boundary of the
property surveyed

12. (1) Any person aggrieved by the determination of any boundary under
section 8, 9 or 10 may, subject to the provisions of parts II and III of the Limitation
Act, 1963 (No. 36 of 1963), institute a suit within three years from the date of the
notification under section 11 to set aside or modify the said determination and the
survey shall, if necessary, be altered in accordance with the final decree in the suit
and the alteration, if any, shall be noted in the record.

(2) The plaintiff in such suit shall join as parties to it all persons whom he
has reason to believe to be interested in the boundary which is the subject of the
suit.
Registered holders responsible for the
maintenance of survey marks

13. (1) Subject to such conditions as may be prescribed in this behalf, every
registered holder of land shall be bound to maintain, renew and repair the survey
marks on or within the boundaries of his holding and in default of his doing so the
survey officer or the Collector may, at the cost of the Government, maintain, renew
and repair such survey marks determine and apportion the cost of so doing, and
recover such cost as an arrear of land revenue. Such cost may include the cost of all
operations incidental to such renewal or repair but not any charges on account of
survey officers and supervising establishment.

(2) Before a survey officer or Collector maintains, renews or repairs any

survey marks, he shall serve a notice in writing on the registered holder in the
prescribed manner giving particulars of the survey marks in respect of which
default has been committed and calling upon him to maintain, renew or repair the
same within the time to be specified in such notice which shall be not less than 15
days from the date of service thereof.

(3) If the notice under sub-section (2) cannot be served personally on the
registered holder, a copy of the same shall be served also on the cultivator or other
person interested in the land.
 48

Duties of village officers

14. It shall be the duty of every village headman and of every village
accountant ---
(i) to prevent the destruction, injury, removal or alteration of any survey
mark on or within the limits of his jurisdiction; and

(ii) when he becomes aware that any such mark has been destroyed,
injured, removed or altered, to report the fact to the prescribed officer.

*[CHAPTER III]
CHAPTER IV
MISCELLANEOUS

Power to enter upon, examine and clear obstruction on lands

24. For the purposes of any survey, inquiry or other proceedings under this Act, the
survey officer or the Collector or any of the subordinates of such officers shall have power
to enter upon, examine and measure any land under survey, to carry out inspection of
current land utilisation and crops and to clear by cutting down or removing any trees,
jungle fences, standing crops or other material obstructions, the boundaries or other lines
the clearance of which may be necessary for the purposes of the survey.
Power to summon witnesses and require production
of documents
25. Any survey officer generally or specially authorised in that behalf, or the Collector
or any officer to whom an appeal is preferred under any of the provisions of this Act, may
for the purpose of rendering assistance in the survey of any land, summon and enforce the
attendance of any person who has an interest therein and may for the purposes of any
survey, inquiry or other proceedings under this Act, summon and enforce the attendance of
any person for giving evidence and for the production of documents and the procedure
prescribed in the law relating to civil procedure for the time being in force in that behalf
shall be followed as far as it can be applicable.

Reference to arbitration
26. (1) The Collector or the survey officer may, with the consent of all the parties
concerned, refer to arbitration any dispute as to a boundary.

*Chapter III (sections 15 to 23) deleted by Act 28 of 1970 w.e.f 11.01.1971 vide Notification in Gaz. No.1
dated 05.01.1971.
 49

(2) The decision of the Collector or the survey officer passed in accordance
with such award shall be conclusive between the parties to such arbitration and
those claiming under them.

Registered holder may recover expenses paid by him from

the owner of the land, may acquire a charge upon the
land to that extent

27. (1) In the absence of a contract to the contrary, a registered holder of land
under survey who incurs any expenses or from whom any expenses are recovered
under this Act, in respect of such survey, shall, if he be not the owner thereof,
acquire the charge on such land to the extent of the expenses so incurred or
recovered from him with interest thereon at the rate of 9 per cent per annum.

(2) It shall be lawful for any person claiming an interest in land under
survey to pay the charges payable under this Act in respect of the survey of such
land, though he be not the registered holder thereof; and all such sums, if paid by a
tenant or lessee, may be deducted from any rent then or afterwards due by him in
respect of such land and if paid by any other person interested or bona fide
claiming an interest in the land, shall be a charge upon such land. Such sums shall
bear interest at 9 per cent per annum.

(3) Where a person entitled under this section to a charge on land is a co-
owner of such land, such charge shall extend only to so much of the amount
recovered from or expended or paid by him as is due in respect of the share of the
other co-owners in such land with interest at the rate aforesaid.

Power to make rules

28. (1) The Government may make rules for carrying out the purposes of this
Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may prescribe ---
(a) the unit of survey, the sub-divisions thereof and the description
of the survey marks; and the maintenance, renewal and repair of such
marks;
(b) the collection and record of any information in respect of any
land which has been or is about to be surveyed;
 50

(c) the classes of officers to be appointed and the powers to be

exercised by such officers;
(d) the procedure to be followed by these officers in the conduct of
proceedings;
(e) the publication of all notifications, the form, issue and service of
all orders, communications and notices to be issued, communicated,
given or served;
(f) furnishing of survey marks, labour and other matters necessary
to surveys and the recovery of charges incidental thereto where they are
recoverable;
(g) the apportionment of all charges, directed to be apportioned by
this Act and for the determination of the cost of labour employed and of
the survey marks used in any such survey;
(h) the fees payable for processes issued and copies granted;
1[ (i) *** *** ***
(j) *** *** ***
(k) *** *** ***]
(l) the manner in which arbitrators are to be appointed and the
procedure to be followed by them; and
(m) any other matter which is to be or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are
made, be laid before the Legislative Assembly 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 Assembly makes any modifications in the rule
or decides that the rule should not be made, the 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.

1. Omitted by Act 8 of 1978, section 2, w.e.f. 31-5-1978.

 51

Protection of action taken

29. No suit or other legal proceedings shall lie against any person for anything
which is in good faith done or intended to be done under this Act or any rule made
thereunder.

Power to remove difficulties

30. If any difficulties arises in giving effect to the provisions of this Act, the
Government may, by order in the Official Gazette, make such provisions or give
such directions as appear to it to be necessary for the removal of the difficulty in so
far as it is not inconsistent with the provisions of this Act.

Repeal and saving

31. All laws in force in the Union territory corresponding to the provisions of
this Act shall stand repealed as from the commencement of this Act:

Provided that anything done or any action taken, including any

notification, instruction or direction issued under the law so repealed, shall be
deemed to have been done or taken under the provisions of this Act and shall
continue to be in force accordingly unless and until superseded by anything done
or any action taken under this Act.

______
 52

STATEMENT OF OBJECTS AND REASONS FOR ACT NO.8 OF 1967

The survey of Puducherry was done in 1889 and of Karaikal and Mahe in
1912 and 1929. It has been decided to undertake resurvey of the holdings in the
Union Territory of Puducherry on the lines of the system obtaining in the State of
Madras. The present Bill has been drafted on the lines of the Madras Survey and
Boundaries Act, 1923. The Bill gives effect to the above proposal and also provides
for preparation of records of tenants and for attaching presumptive evidence value
to such records.

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 28 OF 1970

Chapter-III of the Puducherry Survey and Boundaries Act, 1967 (Act No.8 of
1967) contained provisions for the preparation and publication of the Record of
Rights of land-holders, their tenants and others interested in the lands and
corrections thereto as a result of claims and objections. The Puducherry Settlement
Act, 1970 (Act No.28 of 1970) which was passed by the Legislature subsequently
made similar provisions and also deleted sections 15 to 20 in the said Chapter-III. It
is necessary to delete clauses (i), (j), and (k) of sub-section (2) of section 28 of the
Puducherry Survey and Boundaries Act, 1967 which deals with the rule making
power of the Government in regard to the preparation, publication and correction
of the Record of Rights.

The present bill seeks to achieve this objects.

_______
 53

THE MAHE LAND REFORMS ACT, 1968

(No. 1 of 1968)

ARRANGEMENT OF SECTIONS
CHAPTER I
Preliminary
SECTION
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Provision regarding tenancies
3. Exemptions.
4. Certain persons occupying land honestly believing to be tenants, to be
deemed tenants.
4A. Certain persons occupying land for not less than ten years to be deemed
tenants.
4B. Certain persons occupying lands under leases granted by incompetent
persons to be deemed tenants.
4C. Certain persons who have paid amounts for occupation of land shall be
deemed to be tenants.
4D. Certain surrendered documents to be inadmissible in evidence.
5. Certain persons who were cultivating land on varam arrangements
to be deemed tenants.
6. Certain mortgagees and lessees of mortgagees to be deemed tenants.
6A. Certain persons who were holding land on or after 1st July, 1958, to be
deemed tenants.
6B. Certain mortgagees holding property in consideration of payment of
customary dues etc. to be deemed tenants.
7. Right to prove real nature of transaction.
8. Right of tenants to fixity of tenure.
8A. Restoration of possession of persons dispossessed on or after 22nd
March, 1968.
8B. Restoration of possession of certain holding sold for arrears of rent.
8C. Cancellation of certain sales for arrears of rent.
8D. Cancellation of certain sales for damages.
9. Resumption for extension of places of public religious worship.
10. Resumption for construction of residential buildings.
11. Resumption for personal cultivation from tenant holding more than
ceiling area.
11A. Resumption by small holder from tenants holding more than the celling
area.
12. Resumption by small holder.
13. Cases where resumption permissible.
 54

14. Priority for resumption.

15. Procedure for resumption.
16. Tenants from whom land is resumed to be paid compensation for
improvements and solatium.
17. Tenant may remove buildings, works or trees not deemed
improvements.
18. Improvements producing an increase in the value of the annual net
produce.
19. Trees or plants spontaneously grown.
20. Other kinds of improvements.
21. Value of improvement to be ascertained in the way most favourable to
the tenant.
22. Improvement consisting in protection and maintenance of trees and
plants.
23. Power to frame tables of maximum and minimum rates of
compensation.
24. Power to prepare tables of prices of produce, etc.
25. Values how ascertained when no table has been prepared or the
presumption is rebutted.
26. Tables to be published.
27. Compensation when area is over planted.
28. Contracts affecting tenant’s right to make improvements.
29. Tenant’s right to sue for restoration of possession of land.
30. Limitation for application for restoration under section 29.
31. Effect of an order of restoration.
31A. Contract rent in the case of certain tenants.
31B. Determination of proportionate rent.
32. Recovery of arrears of rent by summary procedure.
33. Fair rent.
34. Exclusion of certain lands, from liability to fair rent.
35. Preparation of record of rights and bar of proceedings under Chapter
XII of the Code of Criminal Procedure.
35A. Bar of proceedings under Chapter X of the Code of Criminal Procedure
in certain cases.
35B. Disputes regarding right to cultivate land.
36. Rent payable by an intermediary.
36A. Jenmikaram payable where rent payable to kanam tenant is reduced.
37. Determination of fair rent by Land Tribunal.
38. Bar of suits for eviction etc., pending application for determination of
fair rent.
39. Agreement as to fair rent.
40. Refund of payments is certain cases where fair rent is fixed.
41. Rent payable when Land Tribunal has not determined fair rent.
 55

42. Mode of payment of rent.

43. Liability for assessment.
44. Remission of rent.
45. Abatement or reduction of rent.
46. Invalidity of claims of dues other than rent payable.
47. Arrears of rent to bear interest.
48. Priority of claim for arrears of rent.
49. Publication of prices of commodities.
50. Publication of statistics relating to gross produce of lands.
51. Tenant’s right to obtain receipt.
51A. Adjustment of rent paid after 1st March, 1970.
52. Application to Land Tribunal when landlord refuses to accept a tender.
53. Procedure on application under section 52.
54. Apportionment of rent on severance of interest of landlord or tenant.
55. Notice to landlord and intermediary when the interest in the holding
of the tenant is acquired.
56. Rights of tenant to be heritable and alienable.
56A. Extent of tenant’s right to use his holding.
57. Surrender by tenant.
58. Abandonment by a tenant.
59. Landlord not to enter on surrendered or abandoned land.
60. Rights as to timber trees.
61. Cultivating tenant’s right to purchase landlord’s rights.
62. Application for purchase of landlord’s rights by cultivating tenants.
63. Purchase price.
64. Purchase price to be distributed among landowner and intermediaries.
65. Procedure before Land Tribunal.
66. Purchase price payable in instalments or in lump.
67. Deposit of purchase price and issue of certificate of purchase.
68. Interest on defaulted instalments.
69. Cultivating tenant to pay rent pending determination of purchase
price.
70. Recovery of instalments of purchase price on default.
71. Payment of purchase price, amount of encumbrance, maintenance or
alimony.
72. Payment of purchase price to the landowner, or intermediary to be full
discharge.
73. Special provisions relating to religious, charitable and educational
institutions of a public nature.
74. Procedure for vesting of rights of religious, charitable or educational
institutions in Government and for determination of annuity.
75. Payment of annuity.
 56

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.
77. Government entitled to purchase price in certain cases.
78. Institution entitled to rent for certain period.
79. Tenant holding under institution to continue as tenant under the
Government.
80. Vesting of landlord’s rights in Government.
80A. Compensation to landlords for vesting of their rights in Government.
80B. Cultivating tenant’s right to assignment.
80C. Right of landloard to apply for assignment and compensation.
80D. Assignment where the application is not made by cultivating tenant.
80E. Purchase price.
80F. Rent of holdings vested in Government but not assigned to cultivating
tenants.
80G. Constitution of village committees.
80H. Land Tribunal to issue notices and determine the compensation and
purchase price.
80I. Apportionment of compensation by the Land Tribunal.
80J. Part payment of compensation, discharge of encumbrances etc., by
Land Tribunal.
80K. Determination and payment of balance compensation.
80L. Payment of compensation to landowner and intermediary to be full
discharge.
80M. Issue of certificate of purchase.
80N. Purchase price payable in instalments or in lump.
80O. Deposit of purchase price.
80P. Assignment by mutual agreement.
80Q. Special provisions relating to institutions which have opted for annuity
purchase price.
80R. Rent paid by cultivating tenant to be adjusted towards purchase price
and compensation in certain cases.
80S. Applications under section 62 and proceedings relating thereto to abate
on the date notified under section 80.
80T. Vesting of landlords’ right not to affect right to recover arrears of rent.
80U. Special provisions regarding jenmikaram.
80V. Liability for assessment after the date of vesting under section 80.
81. Discharge of arrears of rent.
82. Prohibition of future tenancies.
83. Kudikidappukaran to have fixity.
84. Rent payable by Kudikidappukaran.
85. Procedure to enforce shifting of kudikidappu in certain cases.
 57

86. Right of Kudikidappukaran to be heritable but not alienable except in

certain cases.
87. Right of Kudikidappukaran to maintain repair, etc., homestead or hut.
87A. Customary and other rights of kudikudappukaran.
88. Register of Kudikidappukars.
88A. Right of kudikidappukaran to purchase his kudikidappu.
88B. Procedure for purchase by kudikidappukaran.
88C. Deposit of purchase price and issue of certificate of purchase.
88D. Interest on defaulted instalments of purchase price.
88E. Payment of purchase price, amount of encumbrance, maintenance or
alimony.
88F. Payment of purchase price to landowner etc., to be full discharge.
88G. Contribution towards purchase price.
89. Prevention of eviction of Scheduled Castes.
90. Stay of suits or other proceedings for eviction.

CHAPTER III
Restriction on ownership and possession of land in excess of ceiling area
and disposal of excess lands
91. Exemptions
92. Ceiling area.
93. No person to hold land in excess of the ceiling area.
94. Certain voluntary transfers to be null and void.
95. Surrender of excess lands.
95A. Certain persons to file statements.
96. Vesting of excess lands in Government.
97. Excess land obtained by gift, etc. to be surrendered.
98. Persons surrendering land entitled to compensation.
99. Payment of advance towards compensation.
100. Preparation of compensation roll.
101. Payment compensation.
102. Payment of compensation and amount of encumbrance.
103. Payment of compensation to be full discharge.
104. Omitted.
105. Application for assignment of land.
106. Assignment of lands by Land Board.
107. Payment of purchase price.
108. Management of surrendered lands till assignment.
108A. Interpretation.
CHAPTER IV
Miscellaneous
109. Constitution of Land Tribunal.
109A. Constitution of appellate authority.
110. Constitution of Land Board.
110A. Constitution of Land Reforms Review Board.
110B. Powers of the Land Reforms Review Board.
 58

111. Power of the Land Board and Land Tribunal.

112. Appeal to appellate authority.
113. Revision by High Court.
114. Proceedings by or against joint families, etc.
115. Authorised officer empowered to obtain information from persons.
115A. Appointment of officers for certain purposes.
116. Special provisions relating to leases for commercial or industrial
purposes.
116A. Special provisions relating to buildings used by kudikidappukars for
commercial or industrial purposes.
117. Costs.
118. Special provisions for application of the Act.
118A. Constitution of Agriculturist Rehabilitation Fund and
Kudikidappukars Benefit Fund.
118B. Solatium to small holders.
119. Restoration of possession of land to certain evicted tenants.
119A. Mortgage money not to be returned in certain cases.
120. Apportionment of land value in cases of acquisition.
121. Prices published under section 49 to be deemed to be market rates.
122. Appearance before Land Tribunal or Land Board.
123. Court fees.
124. Members of Land Board and Land Tribunal to be deemed public servants.
125. Penalty for disturbance of customary, easement and other right of
kudikidappukars.
126. Penalty for failure to furnish return.
126A. Penalty for failure to furnish statement under section 95A.
127. Penalty for furnishing false returns or information.
128. Penalty for making false declaration.
128A. Registering officer not to register in certain cases.
129. Penalty for contravention of any lawful order.
130. Penalty for eviction.
131. Penalty for cutting trees or for removing any machinery, etc.
131A. Offences by companies.
132. Cognizance of offences.
133. Protection of action taken under Act.
134. Bar of Jurisdiction of civil courts.
135. Construction of references to acres and cents.
136. Act to override other laws, etc.
137. Power to remove difficulties.
137A. Wrong or excess payments recoverable under Revenue recovery Act.
138. Power to make rules.
139. Limitation.
140. Repeal and savings.

_______
 59

THE MAHE LAND REFORMS ACT, 1968

(Act No. 1 of 1968)

AN ACT

to enact a comprehensive legislation relating to land reforms in Mahe region

of the Union territory of Puducherry.

WHEREAS it is expedient to enact a comprehensive legislation relating to

land reforms in the Mahe region of the Union territory of Puducherry;

BE it enacted by the Legislative Assembly of Puducherry in the Nineteenth

year of the Republic of India as follows:-
CHAPTER – I

PRELIMINARY
Short title, extent and commencement

1. (1) This Act may be called the Mahe Land Reforms Act, 1968.

(2) It extends to the whole of Mahe region of the Union territory of

Puducherry.
1(3) The provisions of this Act, except this section which shall come into
force at once, shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of

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

1. The Act came into force from 22 nd March, 1968 vide Extraordinary Gazette No. 23, dated
22nd March, 1968.
 60

Definitions

2. In this Act, unless the context otherwise requires, --

*[ (1) “adult unmarried person” means an unmarried person who has

attained eighteen years of age;]

*[ (1A)] “Agricultural labourer” means a person whose principal means of

livelihood is the income he gets as wages, in connection with the agricultural
operations he performs;

(2) “Agricultural year” means the year commencing with the 1st April in
any year and ending with the 31st March of the year next succeeding, provided that
the Collector may, with respect to any crop, area or category of land, by notification
in the Official Gazette, specify the year between such other dates, as he may deem
fit, as an agricultural year;

*[ (2A) “appellate authority” means an appellate authority constituted under

section 109A];

(3) “ceiling area” means the extent of land specified in section 92 as the
ceiling area;

(4) “Collector” means the chief officer in charge of the revenue

administration of the Union territory of Puducherry, and includes in relation to any
function to be performed by the Collector under this Act, such other officer not
below the rank of a gazetted officer as the Government may, by notification in the
Official Gazette, appoint for the purpose;

(5) “commercial site” means any land *[(not being a kudiyiruppu or

kudikidappu or karaima)] which is used principally for the purposes of any trade,
commerce, industry, manufacture or business;

(6) “court” means where a particular court is not specifically mentioned,

the court having jurisdiction, under the law for the time being in force relating to
civil procedure, to entertain the suit for the possession of the holding or part thereof
to which any legal proceeding under this Act relates;

* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 61

(7) “cultivate” with its grammatical variations means cultivate either solely
by one’s own labour or with the help of the members of his family or hired
labourers or both, or personally direct or supervise cultivation by such members or
hired labourers or both, provided that such members or hired labourers have not
agreed to pay or to take any fixed proportion or the produce of the land they
cultivate as compensation for being allowed to cultivate it or as remuneration for
cultivating it *[and in the case of a member of the Armed Forces or a seaman,
“cultivation” includes cultivation on his behalf by any other person].

Explanation. – For the purposes of this clause, “members of family” shall

mean, --

(i) in the case of lands held by a joint family, members of such family; and
(ii) in any other case, wife or husband, as the case may be, and the lineal
descendants;

(8) “cultivating tenant” means a tenant who is in actual possession of, and is
entitled to cultivate, the land comprised in his holding;

(9) “customary dues” means anything, other than rent, michavaram or renewal
fees, --

(i) payable in cash or in kind by a tenant to his landlord; or

(ii) allowed to be taken by the landlord form the holding.

periodically or on the happening of any event or on the occasion of any festival, and
includes onakazhcha, utsavakoppu, perunnalkazhcha, nombacharam and
vishoukazhcha;

(10) “double-crop nilam” means nilam on which more than one crop of
paddy is ordinarily raised in an agricultural year;

(11) “dry land” means land which is not nilam, garden or palliyal land;

(12) “eviction” means the recovery of possession of land from a tenant or

the recovery of a kudikidappu from the occupation of the kudikidappukaran;

(13) “fair rent” means the rent payable by a cultivating tenant under section
33 or section 37 or section 39;
 62

(14) “family” means husband, wife and their unmarried minor children or
such of them as exist;

(15) “garden” means land used principally for growing coconut tree,
arecanut trees or pepper vines, of any two or more of the same;

(16) “Government” means the Administrator of the Union territory of

Puducherry appointed by the President of India under article 239 of the
Constitution;

(17) “gross produce”, in the case of a nilam means the normal produce of
than nilam less the cost of harvesting and, in the case of a garden or dry land,
means the normal produce of that garden or dry land:

*[ omitted ]

*[ (18) “holding” means a parcel or parcels of land held under a single

transaction by a tenant from a landlord and shall include any portion of a holding
as above defined which the landlord and the tenant have agreed or are bound to
treat as a separate holding.

Explanation I. – Where by act of parties or by operation of law, the interest

of the tenant in his holding has been severed before the commencement of the Mahe
Land Reforms (Amendment) Act, 1980, splitting up the holding into two more
parts, or where a portion of the holding has been sub-leased, before the
commencement of this Act, each such part or, as the case may be, each of the
portions retained by the tenant and sub-leased, shall be deemed to be a separate
holding.

Explanation II. – Any land in respect of which a person is deemed to be a

tenant under section 4, section 4A, section 4B, section 5, section 6, section 6A or
section 6B shall be a holding for the purposes of this Act;

(19) “improvement” means any work or product of a work which adds to

the value of the holding, and includes ---

(a) the erection of dwelling houses, building, appurtenant thereto and farm
buildings;
(b) the construction of tanks, wells, channels, dams and other works for the
storage or supply of water for agricultural or domestic purposes;
(c) the preparation of land for irrigation;
(d) the conversion of single-crop into double-crop land;

* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 63

(e) the drainage, reclamation from rivers or other waters or protection

from floods or from erosion or other damage by water, of land used for
agricultural purposes or of waste-land which is culturable;
(f) the reclamation, clearance, enclosure or permanent improvement of land
for agricultural purposes;

(g) the renewal or reconstruction of any of the foregoing works, or

alternations therein or additions thereto; and

(h) the planting or protection and maintenance of fruit trees, timber trees
and other useful trees and plants;

(20) “intermediary” means any person who, not being a landowner, has an
interest in the land and is entitled, by reason of such interest, to possession thereof,
but has transferred such possession to any other person.

Explanation. – Where such a person has transferred possession only of a

portion of the land which he is so entitled to possess, he shall be deemed to be an
intermediary in respect of that portion];

(21) “joint family” means a Hindu undivided family, a marumakkathayam

tarwad or tavazhi, an aliasanthana kutumba or kavaru or a nambudiri illam;

*[(21A) “kaipad system of cultivation” means the system of cultivation, by

whatever name called, under which paddy is cultivated on land which is saline
either throughout the year or during any part of the year, by raising small mounds
of earth and sowing seeds or planting seedlings thereon, whether the mounds are
demolished after such sowing or planting or not]:

*[ (22) “kanam” means ---

(a) the transfer for consideration, in money or in kind or in both, by a person

of an interest in specific immovable property to another person, and described in
the document evidencing the transaction as kanam or kanapattam, the incidents of
which transfer include –

(i) a right in the transferee to hold the said property liable for the
consideration paid by him or due to him;
(ii) the liability of the transferor to pay to the transferee interest on such
consideration unless otherwise agreed to by the parties; and
(iii) payment of michavaram or customary dues, or renewal on the expiry of
any specified period; or

* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 64

(b) the transfer for consideration in money or in kind or in both by a person of

an interest in specific immovable property to another person for the latter’s
enjoyment, whether described in the document evidencing the transaction as otti,
karipanayam, Panayam, pattapanayam, nerpanayam or by any other name, and
which has the incidents specified in items (i) and (ii) of sub-clause (a) and also one
or more of the following incidents: --
(A) renewal on the expiry of any specified period;
(B) payment of michavaram;
(C) payment of customary dues;

Explanation. – For the purposes of this clause, where there has been no
stipulation in the document evidencing the transaction for renewal on the expiry of
any specified period, but there has been a renewal or payment of renewal fees, it
shall be deemed that there had been a provision for such renewal in the document;]

*[ (23) “Kanam-kuzhikanam” means a transfer by a landlord to another

person of garden lands or of other lands or of both --
(i) with all or any of the trees, if any, standing thereon at the time of the
transfer; or
(ii) without such trees,
for the purpose of planting trees or pepper vines or both thereon and for the
enjoyment of the trees transferred, if any, the incidents of which transfer includes --
(a) a right in the transferee to hold the said lands liable for the consideration
paid by him or due to him, which consideration is called ‘kanartham’; and
(b) the liability of the transferor to pay to the transferee interest on the
kanartham unless otherwise agreed to by the parties;]
*[ (23A) “karaima” means a transfer of lands in consideration of ground rent,
principally for the purpose of erecting a homestead, and described as karaima in the
document, if any, evidencing the transfer;

(23B) “karinilam” means lands, by whatever name known, --

(i) reclaimed from swampy areas called “kari” with black and loose peaty
soil, the sub-soil of which consists of partially decomposed organics matter;and ‘

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 65

(ii) in which paddy is cultivated;]

*[ (24) “kudikidappukaran” means a person who has neither a homestead nor

any land exceeding in extent five cents in possession either as owner or as tenant,
on which he could erect a homestead, and ---

(a) who has been permitted with or without an obligation to pay rent by a
person in lawful possession of any land to have the use and occupation of a portion
of such land for the purpose of erecting a homestead; or
(b) who has been permitted by a person in lawful possession of any land to
occupy, with or without an obligation to pay rent, a hut belonging to such person
and situate in the said land; and “kudikidappu” means the land and the homestead
or the hut so permitted to be erected or occupied together with the easements
attached thereto.

Explanation I. – For the purposes of this clause, ---

(a) “hut” means any dwelling house constructed by a person other than the
person permitted to occupy it ---

(i) at a cost, at the time of construction, not exceeding seven hundred and
fifty rupees; or
(ii) which could have at the time of construction yielded a monthly rent not
exceeding seven rupees and fifty paise, and includes any such dwelling house
reconstructed by the kudikidappukaran in accordance with the provisions of
section 87; and
(b) “homestead“ means, unless the context otherwise requires, any dwelling
house erected by the person permitted to have the use and occupation of any land
for the purpose of such erection, and includes any such dwelling house
reconstruction by the kudikidappukaran in accordance with the provisions of
section 87.

Explanation II. – Notwithstanding any judgment, decree or order of any

court, a person, who, on the 22nd day of March, 1968, was in occupation of any land
and the dwelling house thereon (whether constructed by him or any of his
predecessors-in-interest or belonging to any other person) and continued to be in
such occupation till the 24th January, 1971, be deemed to be a kudikidappukaran:

Provided that no such person shall be deemed to be a kudikidappukaran,

if---
(a) in cases where the dwelling house had not been constructed by such
person or by any of his predecessors-in-interest, if ---
_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 66

(i) such dwelling house was constructed at a cost at the time of construction,
exceeding seven hundred and fifty rupees; or
(ii) such dwelling house could have, at the time of construction, yielded a
monthly rent exceeding seven rupees and fifty paise, or

(b) if he has a building or is in possession of any land exceeding in extent five

cents either as owner or as tenant, on which he could erect a building.

Explanation III. - Where any kudikidappukaran secures any mortgage

with possession over the land in which the kudikidappu is situate, his kudikidappu
rights shall revive on the redemption of the mortgage, provided that he has at the
time of the redemption no other homestead or any land exceeding five cents in
possession either as owner or as tenant, on which he could erect a homestead.

Explanation IV. - Where a mortgagee with possession erects for his

residence a homestead, or resides in a hut already in existence, on the land to which
the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be
deemed to be a kudikidappukaran in respect of such homestead or hut, provided
that at the time of redemption ---

(a) he has no other kudikidappu or residential building belonging to

him, or any land exceeding five cents in possession either as owner
or as tenant, on which he could erect a homestead; and

(b) his annual income does not exceed two thousand rupees.

Explanation V. - Where a kudikidappukaran transfers his rights in the

kudikidappu to another person, such person shall be deemed to be a
kudikidappukaran if ---

(a) he has no other homestead or any land in possession, either as owner or

as tenant, on which he could erect a homestead; and
(b) his annual income does not exceed two thousand rupees;

Explanation VI. – For the removal of doubts it is hereby declared that a

person occupying a homestead or hut situate on a land held or owned by the
Government of the Union territory of Puducherry or the Government of any State
in India or the Government of India shall not be deemed to be a
kudikidappukaran;]
 67

(25) “kudiyiruppu” means a holding or part of a holding consisting of the site

of any residential building, the site or sites of other buildings appurtenant thereto,
such other lands as are necessary for the convenient enjoyment of such residential
building and easements attached thereto, but does not include a kudikidappu;

*[(25A) “kuzhichuvaipum kudiyiruppum” means a transfer by a landlord to

another person of garden lands or of other lands or of both, reserving the right to
enjoy the fruit-bearing trees standing thereon at the time of the transfer, for the
purpose of making improvements thereon, and described as such in the contract of
tenancy:

(26) “kuzhikanam” means a transfer by a landlord to another person of garden

lands or of other lands or of both with all or any of the trees, if any, standing
thereon at the time of the transfer, or without such trees, for the purpose of planting
trees or pepper vines or both thereon, and for the enjoyment of the trees transferred,
if any; ]
(27) “landlord” means a person under whom a tenant holds *[omitted], and
includes a landowner;
(28) “landowner” or “owner” means a person entitled to the absolute
proprietorship of land and includes ---
(a) a trustee in respect thereof; and
*[(b)a kanam tenant];
(29) “Land Board” means the Land Board constituted under section 110;
(30) “Land Tribunal” means a Land Tribunal constituted under section 109;
(31) “licensee” means any person who is in occupation of any nilam belonging
to another and who, under any local custom or usage or under an agreement,
cultivates that nilam with paddy for a remuneration and with the risk of cultivation,
but does not include a person who cultivates the nilam of another merely as an
agent or servant;
*[(31A). “local authority” means a local authority as defined in the Puducherry
Municipalities Act, 1973(Act No.9 of 1973)];
*[(32) “Mahe” means the sub-taluk of Mahe in the Union territory of
Puducherry];
(33) “member of the Armed Forces” means a person in the service of the Air
Force, Army or Navy of the Union of India;

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 68

*[ (34) “michavaram” means the money or produce or both specified as

michavaram in the document evidencing the transfer by a person of an interest in
specific immovable property to another person, and includes the balance of money
or produce or both payable periodically under the document evidencing such
transfer after deducting from the money or produce or both due to the transferor,
the interest due on the amount advanced to the transferor, but does not include
customary dues;

(34A) “minor” means a person who has not attained the age of eighteen
years];

(35) “net income” means income derived from any property after
deducting thereform the cultivation expenses or charges for maintaining fruit trees,
timber trees or other useful trees and plants, and taxes and cesses due to the
Government or any local authority.

(36) “nilam” means land adapted for the cultivation of paddy;

*[ (36A) “normal produce” in respect of any land means the produce which
would be raised on that land if the rainfall and the seasons were of a normal
character:
Provided that the normal produce in respect of any nilam irrigated with
water for the first time after the commencement of the tenancy in respect of that
nilam from an irrigation work constructed, repaired or maintained wholly at the
cost of the Government or the local authority or a co-operative society within the
meaning of the Puducherry Co-operative Societies Act, 1972, or by the tenant shall
be determined as if the nilam had not been so irrigated:

Provided further that in determining the normal produce in the case of any
double-crop nilam, account shall be taken as though only a single paddy crop
which shall be the principal crop has been raised on the land if it had been
converted from single-crop into double-crop nilam at the tenant’s expense and as
though two paddy crops have been raised on the land in other cases.

Explanation. – In ascertaining the normal produce, the yield of the second

crop shall be deemed to be half of that of the principal crop which shall be deemed
to be the first crop:

(36B) “Ottikuzhikanam” means a transfer for consideration by a person to

another of any land other than nilam for the enjoyment of that land and for the
purpose of making improvements thereon, but shall not include a mortgage within
the meaning of the Transfer of Property Act, 1882 (Central Act 4 of 1882)];

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 69

(37) “palliyal land” means land which is used ordinarily for raising
seedlings of paddy and includes land so used and known as pallimanayal, myal,
potta nijal, njattadi or banabettu;

(38) “pay” with its grammatical variations includes deliver:

(39) “person” shall include a company, family, joint family, association or

other body of individuals, whether incorporated or not, and any institution capable
of holding property;

*[ (40) “possession” in relation to land includes occupation of land by a

person deemed to be a tenant under section 4, section 4A, section 4B, section 5,
section 6 or section 6A;]

(41) “prescribed” means prescribed by rules made under this Act;

(42) “rent” means whatever is lawfully payable in money or in kind or in

both by a person permitted to have the use and occupation of any land to the
person so permitting, and includes michavaram, but does not include customary
dues;
(43) “resumption” means the recovery of possession of land from a tenant;
(44) “Scheduled Castes” means the Scheduled Castes in relation to the
Union territory of Puducherry as specified in the Constitution (Puducherry)
Schedule Castes Order, 1964;
(45) “seaman” means every person (including a master, pilot or apprentice)
employed or engaged as a member of the crew of a ship or a sailing vessel to which
the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;
(46) “small holder” means a landlord who does not have interest in land
exceeding eight standard acres or *[ten acres] in extent, whichever is less, as owner,
intermediary, or cultivating tenant, or in two or more of the above capacities, so,
however, that the extent of non-resumable land in his possession as owner, or as
cultivating tenant, or partly as owned and partly as cultivating tenant, does not
exceed ---

(i) *[two and a half standard acres]; or

(ii) four acres in extent,
whichever is greater.

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 70

Explanation. – For the purposes of this clause, a person who was in

possession of, or had interest in, land exceeding the limits specified in this clause
immediately before the 28th April, 1962, but such extent of land was reduced to the
said limits or below by partition or transfer effected after the date mentioned above,
shall not be deemed to be a small holder; nor shall such partition or transfer entitle
the allottee or transferee to exercise the rights of a small holder in respect of the
land allotted or transferred to him;

(47) “standard acre” means, in relation to any class of land specified in Schedule
I, the extent of land specified against it in that Schedule;

*[(48) “tenant” means any person who has paid or has agreed to pay rent or other
consideration for his being allowed to possess and to enjoy any land by a person
entitled to lease that land, and includes ---
(a) the heir, assignee or legal representative of, or any person deriving
rights through, any such person who has paid or has agreed to pay rent or other
consideration,
(b) an intermediary,
(c) a kanamdar,
(d) a kanam-kuzhikanamdar,
(e) a kuzhikanamdar,
(f) an ottikuzhikanamdar,
(g) a varamdar,
(h) a verumpattamdar,
(i) the holder of a kudiyiruppu,
(j) a person holding lands under a kuzhichuvaipum kudiyiruppum,
(k) the holder of a karaima, and
(l) a person who is deemed to be a tenant under section 4, section 4A,
section 4B, section 5, section 6, section 6A or section 6B;]
(49) “timber trees” means trees, the yield or income from which has not to be
taken into account for the determination of fair rent;

(50) “to hold land” means to be in possession of land as owner or as tenant or

partly as owner and partly as tenant *[or, in respect of any land owned by the
Government, to be in occupation either as lessee or otherwise];

(51) “Union territory” means the Union territory of Puducherry;

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 71

(52) “usufructuary mortgage” means a transaction wherein the mortgagor

delivers possession or expressly or by implication binds himself to deliver
possession of the mortgaged property to the mortgagee, and authorizes him to
retain such possession until payment of the mortgage-money, and to receive the
rents and profits accruing from the property or any part of such rents and profits
and to appropriate the same in lieu of interest, or in payment of the mortgage-
money, or partly in lieu of interest or partly in payment of the mortgage-money;

(53) “varam” means an arrangement for the cultivation of nilam with

paddy and sharing the produce, made between the owner or other person in lawful
possession of the nilam and the person who undertakes cultivation under such
arrangement, and includes the arrangements known as pathivaram, pankuvaram
and pankupattam; and “varamdar” means the person who undertakes cultivation
under a varam arrangement;

(54) “verumpattamdar” means a lessee or sub-lessee of immovable

property, whether called verumpattamdar, or venpattamdar, who has expressly or
impliedly contracted to hold the same under a lease with or without security for
rent, but does not include a kanamdar, kanam-kuzhikanamdar, or kuzhikanamdar.
*[ (55) “village officer or karnam” means the person appointed as a village
officer in respect of a village;
(56) “wakf” means the permanent dedication by a person professing Islam
of any movable or immovable property for any purpose recognised by the Muslim
Law or any other law in force as pious, religious or charitable, and includes a wakf
by user, but does not include a wakf such as is described in section 3 of the
Musalman Wakf Validating Act, 1913 (Central Act 6 of 1913) under which any
benefit is for the time being claimable for himself by the person by whom the wakf
was created or by any member of his family or descendants.]
CHAPTER - II
PROVISION REGARDING TENANCIES

Exemptions

3. Nothing in this Chapter shall apply to --

(i) leases of lands or of buildings or of both, belonging to or vested in the
Government of the Union territory of Puducherry, the Government of India, the
Government of any State in India, a local authority, or a Corporation owned or
controlled by any of the said Governments or authority; *[omitted]

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 72

*[Explanation I. – Lands, the right, title and interest in respect of which have
vested in the Government under sub-section (9) of section 74 or section 80, shall not
be deemed to be lands belonging to or vested in the Government of the Union
territory of Puducherry for the purposes of this clause.

Explanation II. – For the purpose of this clause, lands held under leases
whether current or time expired at the time when such lands came to belong to or
vested in a local authority shall not be deemed to be lands belonging to or vested in
a local authority if the lessee or his successor-in-interest was continuing in
possession of such lands at the commencement of this Act; or]

(ii) leases only of buildings, including a house, shop or warehouse, and the
site thereof, with the land, if any, appurtenant thereto.

Explanation. – Permission given to a kudikidappukaran to occupy a hut

shall not be deemed to be a lease of building for the purposes of this clause; or

(iii) leases of land or of buildings or of both specifically granted for

industrial or commercial purposes; or

(iv) tenancies of land or of buildings or of both created by the

Administrator-General or the Official Trustee or an Official Receiver of officer
appointed by a court under the provisions of any law, or by the court of wards, or
by any person holding under or deriving title from any of the officers or the court
aforesaid:

*[ Provided that the provisions of this clause shall not apply to ---
(a) a tenancy created in favour of a person who was a tenant under a lease
whether current or time-expired on the date on which the land or building or both
came under the control of any of the said officers or the court of wards; or
(b) a tenancy renewed in favour of any such person; or
(c) a tenancy created not less than thirty years before the commencement of the
Mahe Land Reforms (Amendment) Act, 1980 (whether subsequently renewed or
not), by an officer appointed by a court under the provisions of any law, if such
officer was, before the commencement of the legal proceedings in which he was so
appointed, entitled to lease the land to which the tenancy relates:

Provided further that the provisions of this clause shall not apply or shall
cease to apply to ---

_____________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 73

(a) a tenancy created by the court of wards, where the landlord on whose
behalf the tenancy was created has not terminated or does not terminate the
tenancy by registered notice within a period of six months from the date on which
the property was released from the superintendence of the court of wards; or

(b) any tenancy created by an officer appointed by a court under the

provisions of any law, where the person declared or found by the court to be
entitled to possess the land or any person acting on his behalf has not instituted or
does not institute legal proceedings to put him in possession of such land within a
period of five years from the date on which such declaration or finding became
final; or; ]

(v) tenancies in respect of land or of buildings or of both created by mortgages

in possession or by persons deriving title from such mortgages; *[omitted].

*[provided that nothing in this clause shall apply to such tenancies —

(i) created before the commencement of this Act; or

(ii) created before the commencement of this Act, where the lessee is entitled to
fixity of tenure under section 6; or

(iii) where the mortgagee or his successor-in-interest, has acquired or acquires

equity of redemption; or;]

(vi) tenancies in respect of land or of buildings or of both created by

persons having only life interest or other limited interest in the land
or in the buildings or in both:

*[ Provided that the provisions of this clause shall not apply to a tenancy
created by a nissanthathi kavaru in respect of lands or of buildings or of both over
which the nissanthathi kavaru has only a life interest.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 74

Explanation. - For the purposes of this proviso, --

(i) ‘nissanthathi kavaru’ means a kavaru which is not a santhathi kavaru;

(ii) ‘santhathi kavaru’ means a kavaru of which at least one member is a female
who has not completed the age of fifty years;
(iii) (a) ‘kavaru’, used in relation to a female, means the group of persons
consisting of that female, her children and all her descendants in the female line;

(b) ‘kavaru’, used in relation to a male, means the kavaru of the mother of that
male:
Provided further that the provisions of this Chapter other than sections 61 to
80V shall apply to tenancies falling under clauses (v) and (vi) so long as the
mortgage or, as the case may be, the life interest or other limited interest subsists;]
(vii) tenancies in respect of sites, tanks and premises of any temple, mosque or
church *[(including sites belonging to a temple, mosque or church on which
religious ceremonies are conducted)] and sites of office buildings and other
buildings attached to such temple, mosque or church, created by the owner, trustee
or manager of such temple, mosque or church:

Provided that nothing in this clause shall affect the rights to which a tenant
was entitled immediately before the commencement of this Act under the contract
of tenancy or under any law then in force; or

(viii) lands transferred for felling trees; or

(ix) any transaction relating only to the usufruct of trees or to the tapping of
coconut or other palm trees or to the tapping of rubber trees.

Certain persons occupying land honestly believing to be tenants,

to be deemed tenants
*[ 4. (1) Notwithstanding anything to the contrary contained in section 52 or any
other provision of the Transfer of Property Act, 1882, or any other law, or in any
contract, custom or usage, or in any judgment, decree or order of court, any person
in occupation at the commencement of the Mahe Land Reforms (Amendment) Act,
1980, of the land of another shall be deemed to be a tenant if he or his predecessor-
in-interest was continuously in occupation of such land honestly believing himself
to be a tenant for not less than two years within a period of twelve years
immediately preceding the 22nd day of March, 1968.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 75

Explanation. – Notwithstanding anything contained in the Indian Evidence

Act, 1872, where a person has been continuously in occupation of any such land for
two years within the said period of twelve years, it shall be presumed until the
contrary is proved that he has been in such occupation honestly believing himself to
be a tenant.

(2) Notwithstanding anything to the contrary contained in any law, or in

any contract, custom or usage, or in any judgment, decree or order of court, where
on or after the 28th April, 1962, a tenant holding land less in extent than the ceiling
area, had executed a deed surrendering his leasehold right to the landlord, but had
not actually transferred possession of the land to the landlord before the
commencement of this Act, such deed shall be deemed to be invalid and such
person shall be deemed to be a tenant.

Certain persons occupying land for not less than ten years
to be deemed tenants

4A. Notwithstanding anything to the contrary contained in section 52 or any

other provision of the Transfer of Property Act, 1882, or any other law, or in any
contract, custom or usage, or in any judgment, decree or order of court, a person
shall be deemed to be a tenant in respect of the land of another in his occupation if -
--
(a) he or his predecessor-in-interest occupied such land believing it to be the
property of the Government;
(b) subsequent to such occupation such land has become the property of such
other person as a consequence of any judgment, decree or order of any civil court;
and
(c) such land has been in the continuous occupation of such person for a period
of not less than ten years preceding the commencement of the Mahe Land Reforms
(Amendment) Act, 1980.

Explanation I. – In computing the period of occupation of a person for the

purposes of clause (c), the period during which the predecessor-in-interest or
predecessors-in-interest of such person was or were in occupation shall also be
taken into account.

Explanation II. – For the purposes of this section, a person shall be deemed
to be in continuous occupation notwithstanding any order of court for delivery of
possession to another person or any court record of dispossession.
 76

Certain persons occupying lands under leases granted by

incompetent persons to be deemed tenants

4B. (1) Notwithstanding anything to the contrary contained in any law, or in

any contract custom or usage, or in any judgment, decree or order of court, any
person in occupation of the land of another at the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, on the basis of a registered deed purporting to be
a lease deed, shall be deemed to be a tenant if he or his predecessor-in-interest was
in occupation of such land on the 28th day of April, 1962, on the basis the lease was
granted by a person who had no right over the land or who was not competent to
lease the land.

(2) Notwithstanding anything to the contrary contained in any law, or in

any contract custom or usage, or in any judgment, decree or order of court, any
person who on the 28 th day of April, 1962, was in occupation of the land of another
and continued to be in occupation of such land till the commencement of the Mahe
Land Reforms (Amendment) Act, 1980, shall be deemed to be a tenant if the court
has delivered a judgment or passed an order before the date of publication of the
Mahe Land Reforms (Amendment) Bill, 1980, in the Official Gazette that the
occupation by such person was on the basis of an oral permission or any
unregistered deed purporting to be a lease deed granted by a person who had no
right over the land or who was not competent to lease the land.

Certain persons who have paid amounts for occupation of land

shall be deemed to be tenants

4C. Notwithstanding anything to the contrary contained in any law, or in any

contract, custom or usage, or in any judgment, decree or order of court, any person
who is in occupation of the land of another at the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, shall be deemed to be a tenant if he or his
predecessor-in-interest has paid within a period of ten years immediately preceding
such commencement any amount in consideration of such occupation or for the use
and occupation of such land and has obtained a receipt for such payment from any
person entitled to lease that land or his authorised agent or a receiver appointed by
a court describing the payment as modavaram or nashtavaram or
modanashtavaram.
 77

Certain surrendered documents to be inadmissible in evidence

4D. Where any tenant has executed before the 22nd day of March, 1968, a deed
surrendering or purporting to surrender to his landlord his leasehold rights in any
land, such deed if unregistered shall, notwithstanding anything contained in the
Indian Evidence Act, 1872, be inadmissible in evidence if any dispute regarding
possession of such land between such tenant or any person claiming under or
through him and such landlord or any person claiming under or through him.]
Certain persons who were cultivating land on varam arrangements to
be deemed tenants

5. Notwithstanding anything to the contrary contained in any law, or in any

contract, custom or usage, or in any judgment decree or order of court, any person
who, by virtue of the provisions of the Mahe Stay of Eviction Proceedings Order,
1962 (published with the notification No.G.S.R. 615, dated 28-4-1962 of the
Government of India in the Ministry of External Affairs was entitled to cultivate
any nilam after the 28th April, 1962 and was cultivating the nilam at the
commencement of this Act shall be deemed to be a tenant, notwithstanding the
expiry of the term fixed under the varam arrangement.

Certain mortgagees and lessees of mortgagees to be deemed tenants

*[6. (1) Notwithstanding anything to the contrary contained in any law or in any
contract, custom or usage, or in any judgment, decree or order of court, a mortgagee
with possession of land, or the lessee of a mortgagee of such land be deemed to be a
tenant, if ---

(a) the mortgagee or lessee was holding the land comprised in the mortgage
for a continuous period of not less than fifty years immediately preceding the
commencement of the Mahe Land Reforms (Amendment) Act, 1980; or
(b) the mortgagee or lessee has constructed a building for his own residence in
the land comprised in the mortgage and he was occupying such building for such
purpose for a continuous period of not less than twenty years immediately
preceding such commencement:
Provided that a mortgagee or lessee falling under this clause shall not be
deemed to be a tenant if he, or, where he is a member of a family, such family was
holding any other land exceeding two acres in extent on the date of publication of
the Mahe Land Reforms (Amendment) Bill, 1980, in the Official Gazette; or

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 78

(c) the land comprised in the mortgage was waste land at the time of
mortgage, and:-

(i) the mortgagee or lessee was holding such land for a continuous period of
not less than thirty years immediately preceding the commencement of the Mahe
Land Reforms (Amendment) Act, 1980; and
(ii) the mortgagee or lessee has effected substantial improvements on such
land before such commencement.

Explanation I.– For the purposes of this sub-section, in computing the

period of continuous possession or occupation by a lessee, the period during which
the mortgagee was in possession or occupation, as the case may be, shall also be
taken into account.

Explanation II. – In computing the period of fifty years referred to in clause

(a) or the period of thirty years referred to in clause (c), the period during which the
predecessor-in-interest or predecessors-in-interest of the mortgagee or lessee was or
were holding the property shall also be taken into account.

Explanation III. – For the purposes of clause (b), --

(i) “mortgagee” or “lessee” shall include a predecessor-in-interest of the

mortgagee or lessee, as the case may be;
(ii) “building” includes a hut.
Explanation IV. – In computing the period of twenty years referred to in
clause (b), occupation of the building by any member of the family of the mortgagee
or lessee for residential purpose shall be deemed to be occupation by the mortgagee
or lessee, as the case may be, for such purpose.

Explanation V. – In calculating the extent of and held by a family for the

purposes of clause (b), all the lands held individually by the members of the family
or jointly by some or al of the members of such family such be deemed to be held by
the family.
Explanation VI. – For the purposes of sub-clause (ii) of clause (c), --

(i) improvements made by the mortgagee shall be deemed to be

improvements made by the lessee;
(ii) “mortgagee” or “lessee” shall include a predecessor-in-interest of the
mortgagee or lessee, as the case may be.
 79

Explanation VII. – For the purposes of clause (c), --

(i) improvements shall be deemed to be substantial improvements if the

value thereof on the date of commencement of the Mahe Land Reforms
(Amendment) Act, 1980, is not less than twenty-five per cent of the market value of
the land on that date;
(ii) a land shall be deemed to be waste land notwithstanding the
existence of scattered trees thereon.

(2) Nothing contained in sub-section (1) shall apply to a lessee if the lease
was granted on or after the commencement of this Act.

Certain persons who were holding land on or

after 1st July, 1958, to be deemed tenants

6A. Notwithstanding anything to the contrary contained in any law, or in any

contract, custom or usage, or in any judgment, decree or order of court, a person in
possession of immovable property, whether as mortgagee or otherwise, shall be
deemed to be a tenant if ---

(a) the property in his possession consists of agricultural land;

(b) he or any of his predecessors-in-interest was holding the property as a

tenant on or after the 1st day of July, 1958; and

(c) the tenancy was terminated after the 1st day of July, 1958 and before the
commencement of this Act, but his predecessors-in-interest or himself continued in
possession of the property, without interruption, whether as a mortgagee with
possession or otherwise, from the date of such termination till the commencement
of this Act.

Explanation I. – For the purposes of clause (b), “tenant” means a tenant as

defined in the Malabar Tenancy Act, 1929, as in force on the 1st day of November,
1956.

Explanation II. - An interruption for a period not exceeding an

agricultural year immediately following the termination of the tenancy shall not be
deemed to be an interruption for the purposes of clause (c).
 80

Certain mortgagees holding property in consideration of

payment of customary dues etc. to be deemed tenants
6B. Notwithstanding anything to the contrary contained in any law, or in any
contract, custom or usage, or in any judgment, decree or order of court, a mortgagee
with possession of immovable property at the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, shall be deemed to be a tenant if ---

(a) he was holding such property in consideration of payment of customary

dues or any amount specified as michavaram in the document evidencing the
transaction; or

(b) there is a provision in such document for renewal on the expiry of a

specified period;]
Right to prove real nature of transaction

7. *[ (1) Notwithstanding anything in the Indian Evidence Act, 1872, (Central

Act 1 of 1872) or in any other law for the time being in force, or in any judgment,
decree or order of court, any person interested in any land may prove that a
transaction purporting to be a mortgage, otti, karipanayam, panayam or
nerpanayam or licence of that land is in substance a transaction by way of kanam,
kanamkuzhikanam, kuzhikanam, verumpattam or other lease, under which the
transferee is entitled to fixity of tenure in accordance with the provisions of section
8 and to the other rights of a tenant under this Act.

(2) Where under sub-section (1), the Land Tribunal holds that the transferee
is entitled to fixity of tenure in accordance with the provisions of section 8, it shall
be lawful for the Land Tribunal to pass an order containing directions regarding the
application of the sum, if any, advanced to the landlord and making other suitable
alterations in the terms recorded in the instrument executed by the parties].

(3) Notwithstanding anything in the Indian Evidence Act, 1872, (Central

Act 1 of 1872) or in any other law for the time being in force a person described as
an agent or servant in a document evidencing the contract for the cultivation of any
nilam may prove that he is a licensee.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 81

Right to tenants to fixity of tenure

8. (1) Notwithstanding anything to the contrary contained in any law,
custom, usage or contract, or in any decree or order of court, every tenant shall have
fixity of tenure in respect of his holding, and no land from the holding shall be
resumed except as provided in section 9 to 17.
(2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding
under a landlord ---
(i) who is a member of the Armed Forces or is a seaman, if the tenancy was
created by such landlord within a period of three months before he became a
member of the Armed Forces or a seaman or while he was serving as such member
or seaman; or
(ii) who is the legal representative of the landlord referred to in clause (i):
Provided that no such landlord shall resume any land from his tenant, if he
is already in possession of an extent of land not less than the ceiling area; and where
he is in possession of an extent of landless than the ceiling area, the extent of land
that may be resumed shall not, together with the land in his possession, exceed the
ceiling area:

*[ Provided further that a tenant holding under any such landlord shall have
fixity of tenure in respect of his holding if the landlord does not claim resumption
of the land comprised in the holding within six months from the commencement of
the Mahe Land Reforms (Amendment) Act, 1980:

Provided also that where any such landlord is prevented is prevented by

sufficient cause from not claiming resumption within the said period of six months
and he claims resumption at any time before the date notified under section 80, the
right of such tenant to fixity of tenure in respect of the holding or part thereof to
which the claim for resumption relates shall cease from the date of the application
claiming resumption:

Provided also that such tenant shall have fixity of tenure in respect of his
holding or part thereof from the date of the final rejection of such application in full
or in part, as the case may be;

(3) Notwithstanding anything to the contrary contained in any law, or in

any contract, but subject to the provisions of sub-section (2), the landlord referred to
in clause (i) or clause (ii) of sub-section (2) shall be entitled to apply for the
resumption from his tenant of the whole or part of his holding within six months
from the commencement of Mahe Land Reforms (Amendment) Act, 1980, or if such
landlord is prevented by sufficient cause from applying for resumption within such
period, at any time before the date notified under section 80.]
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 82

Restoration of possession of persons dispossessed on or

after 22nd March, 1968

*[ 8A. (1) Notwithstanding anything to the contrary contained in any law, or in

any contract, custom or usage, or in any judgment, decree or order of court, where
any person has been dispossessed of the land in his occupation on or after the 22 nd
day of March, 1968, such person shall, if he would have been a tenant under this
Act as amended by the Mahe Land Reforms (Amendment) Act, 1980, at the time of
such dispossession, be entitled subject to the provisions of this section to restoration
of possession of the land;

Provided that nothing in this sub-section shall ---

(a) apply in any case where the said land has been sold to a bona fide
purchaser for consideration before the date of publication of the Mahe Land
Reforms (Amendment) Bill, 1980, in the Official Gazette; or

(b) entitle any person to restoration of possession of any land which has been
resumed under the provisions of this Act.

(2) Any person entitled to restoration of possession under sub-section (1) may,
within a period of six months from the commencement of the Mahe Land Reforms
(Amendment) Act, 1980, apply to the Land Tribunal for the restoration of
possession of the land.

(3) The Land Tribunal may, after such inquiry as it deems fit, pass an order
allowing the application for restoration and directing the applicant to deposit the
compensation, if any, received by the applicant under any decree or order of court
towards value of improvements or otherwise and the value of improvements, if
any, effected on the land after the dispossession as may be determined by the Land
Tribunal, within such period as may be specified in the order.

(4) On the deposit of the compensation and value of improvements as required

in the order under sub-section (3), the Land Tribunal shall restore the applicant to
possession of the land, if need be, by removing any person who refuses to vacate
the same.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 83

Restoration of possession of certain holdings sold for arrears of rent

8B. (1) Notwithstanding anything to the contrary contained in any law, or in any
judgment, decree or order of court, where any holding has been sold in execution of
any decree for arrears of rent, and the tenant has been dispossessed of the holding
after the 22nd day of March, 1968 and before the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, such sale shall stand set aside and such tenant
shall be entitled to restoration of possession of the holding, subject to the provisions
of this section:

Provided that nothing in this sub-section shall apply in any case where the
holding has been sold to a bona fide purchaser for consideration after the date of
such dispossession and before the date of publication of the Mahe Land Reforms
(Amendment) Bill, 1980, in the Official Gazette.

(2) Any person entitled to restoration of possession of his holding under

sub-section (1) may, within a period of six months from the commencement of the
Mahe Land Reforms (Amendment) Act, 1980, deposit the purchase money together
with interest at the rate of six per cent per annum in the court and apply to the court
for setting aside the sale and for restoration of possession of his holding.

(3) The court shall, if satisfied after such summary enquiry as the court
deems fit, set aside the sale and restore the applicant to possession of his holding.

(4) The court may also order the applicant to deposit in court such amount
as may be specified by the court towards costs of the decree holder or the auction
purchaser and the value of improvements, if any, effected on the holding after the
sale.

Explanation. – For the purposes of this section, the term “holding” includes
a part of a holding.

Cancellation of certain sales for arrears of rent

8C. (1) Notwithstanding anything to the contrary contained in any law, or in
any judgment, decree or order of court, where any holding has been sold in
execution of any decree for arrears of rent accrued due before the 22nd day of
March, 1968, or any portion of such arrears, but the tenant has not been
dispossessed, such tenant may, within six months from the commencement of the
Mahe Land Reforms (Amendment) Act, 1980, deposit in court an amount equal to
the amount which he is liable to pay under section 81 and apply to the court for
setting aside the sale.
 84

Explanation. – Where a tenant has been dispossessed by a receiver

appointed by a court, such dispossession shall not be deemed to be dispossession
for the purposes of this sub-section.

(2) The court shall, if satisfied after such summary enquiry as the court
deems fit, set aside the sale and may also order the applicant to deposit the costs, if
any, payable to the decree-holder.

(3) Where the amount deposited under sub-section (1) is not found
sufficient, the court shall not pass an order under sub-section (2) unless the deficit
amount is deposited in court within such period as the court may direct.

Cancellation of certain sales for damages

8D. (1) Notwithstanding anything to the contrary contained in any law, or in

any judgment, decree or order of court, where any holding has been sold after the
22nd day of March, 1968 and before the commencement of the Mahe Land Reforms
(Amendment) Act, 1980, for recovery of damages for committing waste on the
holding, but the tenant has not been dispossessed, such tenant may, within six
months from such commencement, deposit in court an amount equal to the
purchase money together with interest at the rate of six per cent per annum and
apply to the court for setting aside the sale.

(2) The court shall, if satisfied after such summary enquiry as the court
deems fit, set aside the sale and may also order the applicant to deposit the costs, if
any, payable to the decree-holder

(3) Where the amount deposited under sub-section (1) is not found
sufficient, the court shall not pass an order under sub-section (2) unless the deficit
amount is deposited in court within such period as the court may direct.

(4) Where the holding has been sold to a purchaser other than the decree-
holder, such person shall be entitled to an order from the court for repayment of his
purchase money, with or without interest as the court may direct, against any
person to whom it has been paid].

Resumption for extension of places of public religious worship

9. Trustee or owner of a place of public religious worship may resume from a

tenant the whole or any portion of his holding when the same is needed for the
purpose of extending the place of public religious worship and the Collector
certifies that the same is so needed.
 85

Resumption for construction of residential buildings

10. A landlord (other than a sthani or the trustee or owner of a place of public
religious worship) who is not in possession of *[any land other than nilam or is in
possession of less than two acres in extent of such land] and who needs the holding
for the purpose of constructing a building bona fide for his own residence or for
that of any member of his family may resume from his tenant ---
(i) an extent of land not exceeding twenty cents, where resumption is sought
on behalf of one person; and
(ii) an extent of land not exceeding fifty cents, where resumption is sought on
behalf or two or more persons:

*[ Provided that, by such resumption, the total extent of land other than nilam
in the possession of the landlord shall not be raised above two acres and the total
extent of land in the possession of the tenant shall not be reduced below twenty
cents:]

*[omitted]

*[Explanation - For the purposes of this section and section 11, “member of
family” shall mean,

(i) in the case of a landlord who has granted a lease on behalf of a joint
family, member of such family; and
(ii) in any other case, wife or husband, as the case may be, or a lineal
descendant of the landlord.]

Resumption for personal cultivation from tenant holding more

than ceiling area
11. A landlord (other than a sthani or the trustee or owner of a place of public
religious worship) who requires the holding bona fide for cultivation by himself, or
any member of his family, may resume form his tenant, who is in possession of land
exceeding the ceiling area, the whole or a portion of the holding, subject to the
condition that, by such resumption, the total extent of land in the possession of the
landlord is not raised above the ceiling area and the total extent of land in the
possession of the cultivating tenant is not reduced below the ceiling area.
Explanation I - In this section, references to the ceiling area in relation to
the landlord or the tenant shall, where such landlord or tenant is a member of a
family be construed as references to the ceiling area in relation to that family.
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 86

*[Explanation II - The provisions of section 92 shall, so far as may be, apply

to the calculation of the ceiling area for the purposes of this section and section 11A,
provided that if no date has been notified under section 93, the date of the
application for resumption shall be deemed to be the date notified under section
93.]

Resumption by small holder from tenants holding more than

the ceiling area
11A. (1) Notwithstanding anything contained in section 12 or section 13, a small
holder (other than a sthanee or the trustee or owner of a place of public religious
worship) may resume from his tenant, who is in possession of land exceeding the
ceiling area, the whole or a portion of the holding, subject to the condition that by
such resumption the total extent of land in the possession of the cultivating tenant is
not reduced below the ceiling area and the total extent of land in the possession of
the small holder is not raised above five acres:

Provided that no small holder shall be entitled to resume under this section
any land in the possession of a tenant who is a member of a Scheduled Caste.
Explanation. – In this section, reference to the ceiling area in relation to the
tenant shall, where such tenant is a member of a family, be construed as reference to
the ceiling area in relation to that family.

(2) An application under sub-section (1) shall be made within a period of

six months from the commencement of the Mahe Land Reforms (Amendment) Act,
1980.

(3) Where more small holders than one apply for resumption of land from
the same tenant and the extent of land in the possession of the tenant in excess of
the ceiling area is less than the aggregate of the extent of land applied to be
resumed by the small holders, the Land Tribunal shall allow resumption by all the
small holders equitably having regard to all circumstances.]

Resumption by small holder

12. Without prejudice to the right of resumption under section 11, a small holder
(other than a sthani or the trustee or owner of a place of public religious worship)
may resume from his tenant a portion of the holding not exceeding one-half:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 87

Provided that, by such resumption, the total extent of land in the

possession of the small holder shall not be raised above *[two and a half standard
acres or five acres] in extent, whichever is greater and that in the possession of the
tenant shall not be reduced below twenty cents:

Provided further that, *[omitted] no land shall be resumed under this

section from a tenant who was entitled to fixity of tenure in respect of his holding
immediately before the 28th April, 1962, under any law then in force.

Cases where resumption permissible

13. *[Resumption of land under section 9, 10, 11 and 12 shall also be subject to
the following conditions and restrictions, namely: --

(i) in respect of tenancies subsisting at the commencement of this Act, no

application for resumption shall be made after a period of one year from such
commencement:
Provided that where the landlord is:-
(a) a minor; or
(b) a person of unsound mind; or
(c) a member of the Armed Forces or a seaman and the tenant is entitled to
fixity of tenure; or
(d) a legal representative of such member or seaman, and such member or
seaman was the landlord of the land in respect of which resumption is claimed,

the application for resumption may be made within six months from the
commencement of the Mahe Land Reforms (Amendment) Act, 1980.

Provided further that in the case of a landlord referred to in clause (c) or

clause (d) of the foregoing proviso, the application for resumption may be made
after the expiry of the said period of six months and before the date notified under
section 80, if such landlord was prevented by sufficient cause from making the
application within the said period of six months;

(ii) the right of resumption in respect of a holding shall be exercised only once,
and the order of the Land Tribunal allowing resumption shall be given effect to
only at the end of an agricultural year;
(iii) no kudiyiruppu shall be resumed;
(iv) no land in the possession of tenant who is a member of a Schedule Caste
shall be resumed].
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 88

Priority for resumption

14. Where in respect of any holding there are more landlords than one, the
landlords mentioned below and in their order of priority shall be entitled to
resumption: -
(a) small holder;
(b) any person, other than small holder, entitled to fixity of tenure in
respect of the holding immediately before the 28th April, 1962, under
any law then in force;
(c) kanamdar not falling under item (a) or item (b);
(d) landowner, not being a small holder:

Provided that where there are more landlords than one falling under the
same category, the landlord nearer the cultivating tenant shall have preferential
right over the landlord more remote.

Procedure for resumption

15. (1) A landlord desiring to resume any land shall apply to the Land Tribunal
for an order of resumption. The application shall be in such form and shall contain
such particulars as may be prescribed.

*[Explanation. – For the purposes of this sub-section, “landlord” shall

include a landlord referred to in clause (i) or clause (ii) of sub-section (2) of section
8;]

(2) The Land Tribunal shall duly enquire into the application and pass
appropriate orders, thereon, and where the order allows resumption, it shall specify
the extent and location of the land allowed o be resumed, the rent payable in
respect of the portion, if any, that would be left after resumption and such, other
particulars as may be prescribed and directing the landlord to make, within such
time and in such manner as may be prescribed, payments to extinguish the rights of
the cultivating tenant and the intermediaries, if any, who would be affected by such
resumption.

(3) The Land Tribunal may, for sufficient reasons, extend the time
prescribed under sub-section (2) for making payments by the landlord.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 89

*[ (4) The cultivating tenant shall be entitled to opt for the location of the
portion of the holding which may be allowed to be resumed, and where the tenant
has not so opted, the location of the portion to be resumed shall be decided by the
Land Tribunal having regard to the nature, fertility and other conditions of the
portion of the land which may be allowed to be resumed and the portion left with
the cultivating tenant.]

(5) Where the application is made under section 11 for resumption from a
tenant who is in possession of land exceeding the ceiling area and there are other
landlords under whom the tenant holds, the Land Tribunal shall give notice of the
application to all other landlords entitled to claim resumption under section 13 on
the date of such application, so ar as known to it, specifying a date of such
application, so far as known to it, specifying a date within which they may apply
for resumption of any land from such tenant. The Land Tribunal shall consider all
applications from landlords for resumption from such tenant received within the
specified time together, and, where the extent of land in the possession of the tenant
in excess of the ceiling area is less than the aggregate of the extent of land applied to
be resumed by the landlord s equitably having regard to all circumstances.

(6) Where any land in resumed after making the payments as directed by
the Land Tribunal all the rights of the cultivating tenant and the intermediaries, if
any, holding between the landlord resuming the land and the cultivating tenant in
respect of the land, shall stand extinguished.

*[ (7) Where a landlord deposits the amounts in accordance with the

directions of the Land Tribunal, the Land Tribunal shall put the landlord in
possession of the land allowed to be resumed, if need be by removing any person
who refuses to vacate the same.]

(8) Where a landlord fails to deposit the amounts in accordance with the
directions of the Land Tribunal, the order of resumption shall be treated as
cancelled and the landlord shall have no further right for resumption.

Tenants form whom land is resumed to be paid compensation

for improvement, and solatium
16. *[ (1) A tenant from whom land is resumed under the provisions of this Act
shall be entitled to ---
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 90

(i) compensation for the improvements belonging to him; or

(ii) a solatium of an amount equal to value of the gross produce from the
land resumed for a period of two years.
whichever is greater.]

(2) The compensation payable under clause (i) of sub-section (1) shall be
determined in accordance with the provisions of sections 17 to 28 of this Act.

Tenant may remove buildings, works or trees not deemed improvements

17. Whenever a court passes a decree or order for eviction against a tenant and
such tenant has erected any building, constructed any work or planed any tree
which the court finds it not an improvement for which compensation can be
claimed, but which the court finds can be removed without substantial injury to the
holdings, such tenant may remove such building, work or tree within a time to be
fixed by the court in its decree or order.

Improvement producing an increase in the value of the

annual net produce

18. (1) When the improvement is not an improvement to which section 22

applies and has caused an increase in the value of the annual net produce of the
holding, the court shall determine, as nearly as may be, the average net money
value of such increase and shall award as compensation for the improvement three-
fourths of the amount arrived at by capitalising such net money value at twenty
times.

Explanation 1. – The value of the net produce means the amount remaining
after deducting from the value of the gross produce the cost of cultivation and the
Government assessment and local taxes.

Explanation 2. – In determining the net money value of the increase, regard

shall also be had to the condition of the improvement and probable duration if its
effect and the labour and capital required for making such improvement.

(2) Nothing in sub-section (1) shall apply to improvements of the nature of

embankment, reclamation and other similar works.
 91

Trees or plants spontaneously grown

19. When the improvement is not an improvement to which, sub-section (1) of

section 18 applies, but consists of timber trees or of other useful trees or plants
spontaneously grown during the period of the tenancy or sown or planted by any
of the persons mentioned in section 16, the compensation to be awarded shall be
three-fourths of the sum which the trees or plants might reasonably be expected to
realise if sold by public auction to be cut and carried away.

Other kinds of improvement

20. When the improvement is not an improvement to which sub-section (1) of

section 18 or section 19 applies the compensation to be awarded shall be cost of the
labour including supervision thereof and of the materials together with other
expenditure if any, which would at the time of the valuation, be required to make
the improvement, less a reasonable deduction on account of the deterioration, if
any, which may have taken place from age or other cause.

Value of improvement to be ascertained in the way most

favourable to the tenant

21. Notwithstanding anything contained in section 18 or 19 or 20, the amount of

compensation to be awarded for an improvement shall be ascertained in the way
prescribed by any of the said sections which is most favourable to the tenant.
ILLUSTRATIONS. : --

(a) The compensation to be awarded for a jack tree as a fruit tree is ascertained
under section 18 to be Rs.7, but for the same tree as a timber tree it is ascertained
under section 19 to be Rs. 10.

(b) The compensation to be awarded for an immature casuarinas plantation is

ascertained under section 19 to be Rs. 20 but under section 20 to be Rs. 100.

In each case, the court shall award the higher amount.

Improvement consisting in protection and maintenance of

trees and plants
22. When the improvement consists in the protection and maintenance of timber
or fruit trees or of other useful trees or plants not sown or planted by any of the
persons mentioned in section 16, or of such trees or plants spontaneously grown
prior to the commencement of the tenancy, the compensation to be awarded shall
be the proper cost of such protection and maintenance ascertained as provided in
section 20.
Power to frame tables of maximum and minimum rates of
 92

Compensation
23. The Government may prepare tables showing the maximum and minimum
rates of compensation to be awarded under this Act for all or any class of
improvements and when such tables have been published, the amount awarded as
compensation under section 18 or 19 or 20 or 21 shall not ordinarily exceed such
maximum rates nor shall it in any case be less than such minimum rates.
Power to prepare tables of prices of produce, etc.
24. (1) For the purpose of determining the amount of compensation to be
awarded under this Act, the Government may prepare tables, showing all or any of
the following matters, namely: -

(a) the price of coconuts, arecanuts, cashewnuts, mangoes, pepper and

paddy;
(b) the cost of ---
(i) cultivating and harvesting a crop of paddy;
(ii) planting, protecting and maintaining a coconut tree, an arecanut
tree, a jack tree, a cashewnut tree, a mango tree, such other tree as may be notified
by the Government from time to time and a pepper vine, until the tree or vine is in
bearing;
(iii) protecting and maintaining a coconut tree, an arecanut tree, a jack
tree, a cashewnut tree, a mango tree, such other tree as may be notified by the
Government from time to time and a pepper vine for one year when in bearing.

(2) The tables, prepared under this section shall, on publication, be

receivable in evidence and the rates and amounts therein specified shall be
presumed to be the proper rates, and amounts until the contrary is proved:

Provided that, in so far as such tables prescribe prices of products, the

presumption shall not be rebuttable except by proof of the average price as
provided in section 25.

Values how ascertained when no table has been prepared or

the presumption is rebutted
25. In respect of any product for which no table showing the price has been
published and whenever the presumption under section 24 as to the price is sought
to be rebutted, the court shall adopt as the money value for the purpose of
awarding compensation under sub-section (1) of section 18, the average price in
Mahe, as nearly as may be ascertainable, for a period of 10 years immediately
preceding the institution of the suit.
 93

Tables to be published

26. (1) The tables prepared under this Act shall be published in English and
Malayalam in the Official Gazette and shall be kept publicly posted in the civil
court in Mahe.

(2) The Government may, by like publication, cancel or vary, from time to
time, the tables so published.
Compensation when area is overplanted

27. When trees are planted in excess of the following scale, the court, if satisfied
that, in the circumstances of the particular case, the land is over- planted, may,
notwithstanding anything herein before contained, either refuse to grant any
compensation or may grant compensation at a lower rate, for a so many of the trees
as are in excess of the scale and are immature: -

Coconut trees … 100 per acre.

Arecanut trees … 720 per acre.
Jack trees … 60 per acre.

Explanation. --- In the case of a mixed garden, each tree shall be allowed a
proportionate fraction of an acre according to the above scale.

Contracts affecting tenant’s right to make improvements

28. Nothing in any contract entered into whether before or after the
commencement of this Act shall take away or limit the right of a tenant to make
improvements and to claim compensation for them in accordance with the
provisions of this Act.

Tenant’s right to sue for restoration of possession of land

29. (1) In any case in which any land has been resumed on the ground
specified in section 9 or section 10 or section 11 or section 12, if, within three years
of such resumption, the person who resumed the land fails without reasonable
excuse to use the and for the purpose for which it was resumed, the cultivating
tenant shall, subject to the provisions of section 30 be entitled to apply to the Land
Tribunal for the restoration to him of the possession of the land or a portion of the
land which was resumed and to hold it with all the rights and subject to all the
liabilities of a cultivating tenant:
 94

Provided that a cultivating tenant shall not be entitled to restoration under

this sub-section if he is in possession of land equal to or exceeding the ceiling area,
nor shall a cultivating tenant be entitled to restoration or an extent of land which
together with the extent of land in his possession will exceed the ceiling area.

(2) The provisions of section 15 shall, mutatis mutandis be applicable to the

form and procedure in regard to the application for restoration and the manner of
execution of the orders of restoration.

Limitation for application for restoration under section 29

30. An application for restoration under section 29 shall be made within one
year from the expiry of three years after the resumption.

Effect of an order of restoration

31. (1) Where restoration of any land resumed is ordered under section 29, the
cultivating tenant shall hold the land directly under the landlord from whom
restoration has been ordered, and the rights of the intermediaries extinguished
under sub-section (6) of section 15 shall not revive.

(2) On such restoration, the cultivating tenant shall pay to the person who
resumed the land ---

(i) the amounts paid by such person to the cultivating tenant and
to the intermediary, if any towards the value of the
improvements effected by them and existing at the time of
restoration;

(ii) the value of the improvements, if any, effected bona fide by such
person between the date of resumption and the date of the
application; and

(iii) any amount other than solatium received by the cultivating

tenant form such person on account of the resumption.

(3) The rent payable by the cultivating tenant after the restoration of the
holding shall be the fair rent.
 95

Contract rent in the case of certain tenants

*[ 31A. (1) Where a person who is a tenant for the purposes of this Act as amended
by the Mahe Land Reforms (Amendment) Act, 1980, was, before the
commencement of the said Amendment Act, not under an obligation to pay rent,
the contract rent for the purposes of this Act shall be deemed to be, --

(a) where there has been a stipulation in the document for the periodical
payment of any amount by such person, such amount;
(b) in the case of a varamdar, the average of the share of the landlord in the
paddy produce for the three years immediately preceding the commencement of
this Act or where the varamdar was not cultivating the land continuously for the
said period of three years, the share of the landlord for the year in which the
varamdar cultivated the land last immediately before such commencement;
(c) in any other case, four rupees per acre.

(2) In the case of a cultivating tenant referred to in sub-section (3) of section

31, the contract rent for the purposes of this Act shall be the contract rent or the
proportionate contract rent in respect of the holding or part thereof which is
resumed under this Act, at the time of resumption.

Determination of proportionate rent

31B. Where by act of parties or by operation of law, the interest of the tenant in
his holding has been severed, splitting up the holding into two or more parts, or
where a portion of the holding has been sub-leased, and there is dispute as to the
contract rent payable in respect of any such part or, as the case may be, the portion
retained by the tenant or the portion sub-leased, the Land Tribunal may, on
application by any person interested, determine the contract rent payable in respect
of each such part or portion, as the case may be, on the basis of the normal produce
from each such part or portion].

Recovery of arrears of rent

*[ 32. (1) A landlord or any person claiming under him may apply to the Land
Tribunal in such form as may be prescribed for recovery of arrears of rent due to
him from his tenant.

(2) The Land Tribunal shall, after such enquiry as may be prescribed,
determine the amount payable to the landlord and the person liable to pay the
same:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 96

Provided that where the amount claimed in the application does not exceed five
hundred rupees the Land Tribunal shall follow the procedure prescribed for the trial of
small cause suits.

(3) The Land Tribunal may, on application by the person entitled to the
amount determined under sub-section (2) at any time with in one year from the
date on which the order of the Land Tribunal under that sub-section has become
final, recover the amount in such manner as may be prescribed and pay the same to
the applicant.

(4) Notwithstanding anything contained in any law for the time being in
force, no court or other authority or officer other than the Land Tribunal shall have
jurisdiction to entertain any claim for arrears of rent.

Fair rent

33. (1) The fair rent in respect of a holding shall be the rent payable by the
cultivating tenant to his landlord.

(2) The fair rent shall be, ---

(a) in the case of nilams, 50 per cent of the contract rent, or 75 per cent of the
fair rent determined under any law in force immediately before the 22 nd day of
March, 1968, or the rent calculated at the rates specified in Schedule II applicable to
the class of lands comprised in the holding, whichever is less;

(b) in the case of other lands, 75 per cent of the contract rent, or the fair rent
determined under any law in force immediately before the 22nd day of March, 1968,
or the rent calculated at the rates specified in Schedule II applicable to the class of
lands comprised in the holding, whichever is less:
Provided that the tenant may, by notice sent to the landlord by registered post,
opt to pay ---
(i) in the case of any nilam, 50 per cent of the contract rent, or 75 per cent of
the fair rent determined under any law in force immediately before the 22nd day of
March, 1968, or the rent calculated at the rates specified in Schedule II applicable to
the class of lands comprised in the holding;

(ii) in the case of other lands, 75 per cent of the contract rent, or the fair rent
determined under any law in force immediately before the 22nd day of March, 1968,
or the rent calculated at the rates specified in Schedule II applicable to the class of
land comprised in the holding, and where the tenant has so opted, such rent shall
be deemed to be the fair rent for all purposes of this Act with effect from the
beginning of the agricultural year in which such notice was sent to the landlord.
 97

Explanation I. – Where in the case of a holding consisting of nilam and

lands other than nilam, the rent for the nilam and the other lands is not separately
specified in the contract of tenancy, the contract rent for the purposes of this sub-
section in respect of the nilam and the other lands shall be determined on the basis
of the normal produce from the nilam and the normal produce from the lands other
than nilam.

Explanation II. – For the purposes of this section, “nilam” includes a nilam
converted into garden by the tenant’s labour”.]

Exclusion of certain lands from liability to fair rent

34. Notwithstanding anything contained in section 33, where any land included
in a holding is set apart for communal purposes, and is used for such purposes, the
extent of the land so set apart shall not be taken into account when determining the
fair rent of the holding in accordance with that section.

Preparation of record of rights and bar of proceedings under Chapter XII

of the Code of Criminal Procedure

35. (1) Any cultivating tenant may, at any time within four years from
the commencement of this Act or such further period as the Government may, from
time to time, by notification in the Official Gazette, specify in this behalf, apply to
the Land Tribunal for the preparation of a record of rights in respect of his holding;
and the Land Tribunal shall admit such application if it is prima facie satisfied that
the application has been made bona fide.

(2) Notwithstanding anything contained in sub-section (1), the Government

may, suo motu, direct the Land Tribunal for the preparation of a record of rights in
respect of any holding.
(3) Where an application for the preparation of a record of rights is
admitted or when directed by the Government to prepare such record, the Land
Tribunal shall direct such officer as the Collector may, by general order, specify in
this behalf, to prepare record of rights in respect of the holding.
(4) The record of rights shall be prepared in such manner as may be
prescribed, after giving an opportunity to the landlord and all other interested
persons to be heard and such record of rights shall contain –
(a) the description and extent of the holding;
(b) the name and address of the owner;
(c) the nature of the applicant’s interest in the holding;
(d) the names and addresses of the intermediaries in respect of the holding
and the nature of the interest of each of such intermediaries; and
(e) such other particulars as may prescribed.
 98

(5) The officer specified under sub-section (3) shall for the purposes for
proceedings under this section, have all the powers of a civil court while trying a
suit under the law for the time being in force relating to civil procedure in respect of
the following matters, namely: --
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) issuing commissions for the examination of witnesses or for local
investigation.
(6) The record of rights prepared under this section shall be admissible in
evidence before any court or tribunal.
(7) Where an application for the preparation of a record of rights in respect
of a holding is admitted, no application under section 37 for the determination of
fair rent in respect of that holding shall be disposed of till the record of rights is
prepared under this section.
(8) *[omitted]
Bar of proceedings under Chapter X of the Code of Criminal
Procedure in certain cases
*[ 35A. (1) Where a person claiming to be a tenant applies for the preparation of a
record of rights or for the determination of the fair rent or for the purchase of the
right, title and interest of the landowner and the intermediaries, if any, in respect of
the land cultivated by him, then, notwithstanding anything contained in any other
law, no magistrate shall have jurisdiction under Chapter X of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), in respect of a dispute between that person
and any other person claiming to be in possession of that land relating to that land,
pending disposal of the application.

(2) Where, in respect of any land, proceedings under Chapter X of the Code
of Criminal Procedure, 1973, were initiated while proceedings for the determination
of the fair rent in respect of that land were pending and the possession of the land
was handed over to the landlord in the proceedings under the said Chapter X, and a
suit to declare the right to possession of such land was pending in any civil Court of
competent jurisdiction on the date of publication of the Mahe Land Reforms
(Amendment) Bill, 1980, in the Official Gazette, then, notwithstanding anything
contained in Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974), or order of any court of any record regarding possession, the person who
applied for the determination of the fair rent or his successor-in-interest shall,---
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 99

(a) if he was actually in possession on such date, be entitled to continue in

possession of such land subject to the final decision in such suit; and
(b) if he was not in possession on such date, be entitled to restoration of
possession and to continue such possession till the final decision in such suit.

(3) Any person who is entitled to be restored to possession of any land

under sub-section (2) may make an application in writing within a period of six
months from the commencement of the Mahe Land Reforms (Amendment) Act,
1980, to the Deputy Collector (Revenue), Mahe, for the restoration of possession of
such land.

(4) The Deputy Collector (Revenue), Mahe, shall, on receipt of an

application under sub-section (3), make or cause to be made necessary enquiries in
respect of such application and if he is satisfied that the applicant is entitled to
restoration of possession under sub-section (2), eh shall by order direct the person
in possession of the land to deliver possession of the same to the applicant within a
period of thirty days from the date of service of the order:
Provided that no order under this sub-section shall be made, unless the
person who is in possession of the land has been given an opportunity of being
heard in the matter.

(5) Every order made under sub-section (4) shall be served in such manner
as may be prescribed.

(6) Any person aggrieved by an order of the Deputy Collector (Revenue),

Mahe, under sub-section (4) may, within a period of thirty days from the date of
service of the order, prefer an appeal to the Collector, and the order of the Collector
on such appeal shall be final.

(7) Where an order made under sub-section (4) has not been complied with,
and ---
(a) no appeal has been preferred within the time allowed for such appeal; or
(b) an appeal having been preferred has been dismissed, the Deputy
Collector (Revenue), Mahe, shall cause the land to be delivered to the applicant by
putting him in possession of the land, and if need be, by removing any person who
refuses to vacate the same.
 100

Disputes regarding right to cultivate land

35B. (1) Any person claming to be the cultivating tenant of any land, if
prevented or obstructed from cultivating that land, may apply to the Deputy
Tahsildar for an order that he is entitled to cultivate the land.

(2) The Deputy Tahsildar shall, or receipt of an application under sub-

section (1) and after such enquiry as he seems necessary and after issue of notice to
the opposite party, by order, decide whether the applicant is entitled to cultivate the
land, and if the applicant is entitled to cultivate, and is not in possession of, the
land, the Deputy Tahsildar shall also restore him cultivate that land.

(3) In any suit relating to any land in respect of which an application has
been presented before the Deputy Tahsildar under sub-section (1) instituted by he
opposite party after the date of such application, the court shall not grant an
injunction restraining the applicant from cultivating the land, till the final decision
in such suit.]
Rent payable by an intermediary
36. Where in respect of a holding there is an intermediary at the commencement
of this Act and as a result of the determination of the fair rent, there has been a
reduction *[omitted] in the rent payable by the cultivating tenant, the rent payable
by the intermediary to his landlord shall be reduced *[omitted]in the same
proportion as the rent to which he was entitled was reduced. *[omitted]

Jenmikaram payable where rent payable to kanam tenant is reduced

*[ 36A. Notwithstanding anything to the contrary contained in any other law,
where in respect of a holding the landowner is a kanam tenant and as a result of the
determination of the fair rent in respect of that holding there has been a reduction in
the rent payable to such landowner, the jenmikaram payable by such landowner in
respect of that holding and accrued due after the 22nd day of March, 1968, shall be
reduced in the same proportion as the rent to which he was entitled was reduced.]

Determination of fair rent by Land Tribunal

37. (1) The cultivating tenant or any landlord may apply in such form as may
be prescribed, to the Land Tribunal for determining the fair rent in respect of a
holding.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 101

(2) On receipt of an application under sub-section (1), the Land Tribunal shall
issue notices to all persons interested and after enquiry determine by an order ---
(i) the fair rent in respect of the holding;
(ii) if there is an intermediary or intermediaries, the rent payable by such
intermediary or intermediaries to his landlord or to their respective landlords.
(iii) the instalments, if any, in which the rent shall be payable; and
(iv) the date or dates on which the said rent or instalment shall be payable.

(3) In determining the fair rent under sub-section (2) the Land Tribunal
may take into account the statistics published under section 50.

Bar of suits for eviction, etc., pending application for

determination of fair rent

38. During the pendency of an application for determination of fair rent before a
Land Tribunal, no court shall entertain any suit for eviction of the applicant from
the *[land] to which the application relates, or pass any order or injunction
prohibiting him from entering the *[land] or pass any order staying the proceedings
before the Land Tribunal.

Agreement as to fair rent

39. Notwithstanding anything contained in the foregoing sections, it shall be

competent for the landlord and the tenant to agree as to what shall be the fair rent
payable in respect of the holding and, where such an agreement signed by the
landlord and the tenant, is filed with the Land Tribunal, the Tribunal shall pass
orders determining such agreed rent as the fair rent in respect of the holding:

Provided that the agreed rent shall not exceed the fair rent under section
33, in respect of the holding:

Provided further that where there are intermediaries or other persons

having an interest in the holding, the landowner, the cultivating tenant and all the
intermediaries and other persons interests shall be parties to such an agreement:

Provided also that this section shall not apply to a case where the landlord
is a religious, charitable or educational institution of a public nature.
 102

Refund of payment in certain cases where fair rent is fixed

40. Any order determining the fair rent under section 37 or section 39, and the
rent payable by an intermediary consequent on such determination, shall take effect
from the beginning of the agricultural year immediately following the
commencement of this Act, and any amount paid by the tenant before such
determination, which is in excess of the fair rent that may be payable to the
landlord in accordance with the provisions of section 37, shall be adjusted towards
the payment of future rent or the purchase price payable under section 63, as the
case may be, and, where the amount of rent paid to the landlord is less than the rent
so determined, the balance payable by the tenant shall be paid at the time of or
before the payment of the rent that first accrues after such determination or at such
time and in such manner as the Land Tribunal may specify.
Rent payable when Land Tribunal has not determined fair rent
41. (1) Where in a case the rent payable in respect of a holding has not been
determined by the Land Tribunal, either under section, 37 or section or section 39,
the landlord shall be entitled to receive and *[the tenant shall be bound to pay at his
option, ---

(a) in the case of nilams, 50 per cent of the contract rent, or 75 per cent of the
fair rent, if any, determined under any law in force immediately before the 22nd day
of March, 1968;
(b) in the case of other lands, 75 per cent of the contract rent, or the fair rent, if
any, determined under any law in force immediately before the 22nd day of March,
1968].
(2) The provisions contained in sub-section (1) shall be without prejudice to
the provisions contained in section 40.

Explanation. *[omitted]

Mode of payment of rent

42. (1) Where the rent is payable in kind, it shall be paid either in kind or in
money at the option of the tenant.

*[ (2) The money value of the rent payable in kind, unless it is specified in the
document evidencing the contract of tenancy, shall be commuted with reference to
the rates published in the Official Gazette under section 49 for the date on which the
rent is payable and if no such rate is published for that date, at the rate for the
nearest previous date for which a rate is so published:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 103

Provided that where in respect of any commodity the price has not been
published in the Official Gazette, the money value of such commodity shall be
calculated at the market rate prevailing on the date on which the rent is due.]

(3) The tenant shall be entitled to send by money order the rent payable by
him to his landlord.

Liability for assessment

43. (1) As between the tenant and the landlord, the former shall be liable for
any cess or special charges leviable by the Government for special or additional
crops, raised, where such special or additional crops have not been taken into
account in fixing the fair rent.

(2) A tenant making any payment to the Government or any local authority
towards land revenue or any tax in respect of the land comprised in the holding
and payable by the landlord, shall be entitled to deduct the same from the rent
payable by him to the landlord:

Provided that no such deduction shall be made if the rent payable by the
tenant to the landlord is equal to or less than the land revenue or other tax so
payable.
Remission of rent
44. (1) Where there has been a damage to, or a failure of crops owing to causes
beyond the control of the tenant in any holding the tenant shall be entitled to a
remission of the rent payable by him in proportion to the extent of such damage or
failure.

*[(2) The Deputy Tahsildar, may, either Suo motu or on application by a

tenant, determine after such enquiry as may be prescribed, the extent of damage to,
or failure of, crops under sub-section (1) and order such remission of rent as
appears to him just and proper.

(3) Any person aggrieved by the order of the Deputy Tahsildar or the other
officer under sub-section (2) may, within a period of sixty days from the date of the
order, appeal against such order to the Deputy Collector (Revenue), Mahe, who
may pass such order on the appeal as he thinks fit.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 104

(3A) The order of the Deputy Collector (Revenue), Mahe, under sub-section
(3) and the order of the Deputy Tahsildar or the other officer under sub-section (2)
in cases where no appeal has been preferred under sub-section (3) within the time
specified therefor, or the appeal preferred has been dismissed, shall be final and the
tenant shall be entitled to get the benefit of the remission so ordered.

(3B) If in any proceeding under sub-section (2) or sub-section (3), any

question arises as to whether a person is or is not a tenant, it shall be competent for
the Deputy Tahsildar or the other officer or the Deputy Collector (Revenue), Mahe,
as the case may be, to decide such question for the purposes of this section;]

(4) Where, in respect of a holding, there is an intermediary and the rent to

which the intermediary is entitled is reduced as a result of the remission grated
under *[sub-section (2) or sub-section (3),] the rent payable by the intermediary to
his landlord shall be reduced in the same proportion.

Explanation. – For the purposes of this section, the term “crops” shall
include cereal as well as cash crops.

Abatement or reduction of rent

45. (1) The fair rent determined under this Act shall not be liable to alteration
or revision except on the application made by the cultivating tenant to the Land
Tribunal on the grounds specified in sub-sections (2) and (3).

(2) Where a portion of the land comprised in the holding is acquired under
any law for the time being in force for the compulsory acquisition of land for public
purposes, the tenant shall be entitled to an abatement in the rent in the same
proportion as the yield from the portion acquired bears to the yield from the entire
holding.

(3) Where any material part of the holding is wholly destroyed or rendered
substantially and permanently unfit for the purpose for which it was let by fire or
flood or any other act of God, the rent payable shall be proportionately reduced.

(4) Where in respect of a holding, there is an intermediary and the rent to

which the intermediary is entitled is reduced as a result of the abatement in the rent
granted under sub-section (2), or reduction of rent granted under sub-section (3),
the rent payable by the intermediary to his landlord shall be reduced in the same
proportion.
 105

Invalidity of claims of dues other than rent payable

46. Notwithstanding any contract to the contrary, express or implied, no tenant

shall be liable to pay to his landlord any customary dues or renewal fees or
anything more or anything else than the rent payable under this Act.

Arrears of rent to bear interest

47. Arrears of rent shall bear interest at the rate of six per cent per annum or at
the contract rate, whichever is less.

Priority of claim for arrears of rent

48. Arrears of rent due to the landlord, together with interest thereon, shall be a
charge on the interest of the tenant, from whom they are due, in the holding and
shall, subject to the priority of the rights of the Government and any local authority
for arrears of land revenue, tax, cess or other dues, be a first charge on such interest
of the tenant.

Publication of prices of commodities

49. The *[Deputy Collector (Revenue), Mahe], shall cause to be published every
quarter, in such manner as may be prescribed, prices prevailing in Mahe of paddy,
coconut, arecanut, pepper, groundnut, tapioca, cashewnut and any other crop
which may be specified by the Government, by notification in the Official Gazette,
for the purpose:

Provided that, before publishing such prices, the *[Deputy Collector

(Revenue), Mahe], shall cause notice to be given to the public, in such manner as he
thinks fit, of the prices proposed to be published and consider objections, if any,
received within two weeks from the date of the notice.

Publication of statistics relating to gross produce of lands

50. The *[Deputy Collector (Revenue), Mahe], shall cause to be published

statistics of gross produce of different crops for different classes of land for different
areas.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 106

Tenant’s right of obtain receipt

51. (1) Every tenant paying any rent shall be entitled to receive and the
landlord shall be bound to grant a receipt containing such particulars as may be
prescribed.
(2) If any landlord fails to grant a receipt as provided under subsection (1),
the tenant shall be entitled to send by money order after deducting the charges for
doing so, --
(i) the money, if the rent is payable in money; and
(ii) the money value of the rent, if it is payable in kind.

Adjustment of rent paid after 1st March, 1970

*[ 51A. (1) Where, after the 1st day of March, 1970, and before the commencement
of the Mahe Land Reforms (Amendment) Act, 1980, any tenant has paid or
deposited any amount by way of rent, and such amount has been appropriated
towards arrears of rent accrued due for the period prior to the 22nd day of March,
1968, the, notwithstanding anything contained in any law, or in any contract,
custom or usage, or in any judgment, decree or order or any court or Land Tribunal,
such amount shall be adjusted towards the rent accrued due for the period
commencing on the 22nd day of March, 1968.

(2) Where, in any judgment, decree or order of any court or Land Tribunal
passed after the 1 st day of March, 1970, any amount paid or deposited by way of
rent has been allowed or ordered to be appropriated towards arrears of rent
accrued due for the period prior to the 22 nd day of March, 1968, such judgment,
decree or order shall, on application within sixty days from the commencement of
the Mahe Land Reforms (Amendment) Act, 1980, be re-opened by the court or Land
Tribunal, as the case may be, which passed such judgment, decree or order, and
disposed of in accordance with the provisions of sub-section (1)].

Application to Land Tribunal when landlord refuses to accept a tender

52. *[ (1) The tenant may apply to the Land Tribunal in the prescribed manner for
permission to pay the arrears of rent due by him for any period through the Land
Tribunal:
Provided that no such application shall be made, if an application or other
proceeding for the recovery of such arrears is pending before the Land Tribunal.]
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 107

(2) Along with the application under sub-section (1), the tenant shall
deposit with the Land Tribunal, the said due together with interest, if any, accrued
thereon.
Procedure on application under section 52
53. *[ (1) When an application and deposit have been made under section 52, the
Land Tribunal shall cause written notice thereof to be given at the cost of the
applicant to every person who, in the opinion of the Land Tribunal, is entitled to be
heard thereon and after hearing such of them as appear, by order determine --
(a) the amount of arrears due from the tenant for the period specified in the
application under sub-section (1) of section 52 together with interest upto the date
of deposit and costs, if any; and
(b) the person or persons who is or are entitled or bound to receive such
amount.

(2) If the amount deposited by the tenant under sub-section (2) of section 52
is less than the amount referred to in clause (a) of sub-section (1), the tenant shall
deposit the balance amount due within such time as may be directed by the Land
Tribunal.
(3) If the tenant fails to deposit any amount under sub-section (2) within
the time allowed by the Land Tribunal in that behalf, the application shall be
dismissed.

(4) The Land Tribunal may also make such directions regarding costs, if
any, awarded to the applicant and such other matters as the Land Tribunal may
deem fit.

(5) The deposit of arrears of rent and interest and costs, if any, in
accordance with the provisions of this section and section 52 shall be a full
discharge of the liability of the tenant for the rent due by him for the period
specified in the application.

(6) Nothing in sub-section (5) shall affect the right of any person to recover
the amount deposited by the tenant towards arrears of rent and interest from the
person to whom it is paid by the Land Tribunal.]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 108

Apportionment of rent on severance of interest of landlord or tenant

54. (1) Where, by act of parties or by operation of law, the interest of the
landlord or of the tenant in the land demised has been severed or a portion of the
land demised has been sub-leased, the landlord or the tenant may apply to the Land
Tribunal for the apportionment of the rent and the security for rent, if any.
(2) The application shall be in such form as may be prescribed.
(3) The Land Tribunal shall, after giving an opportunity to all persons
interested to be heard, pass an order on such application apportioning the rent and
the security for rent if any, and directing the execution of a lease deed on the basis
of such apportionment within a specified period and make such order as to the
costs of the application as it may deem fit.
(4) If, within the time fixed by the Land Tribunal, such deed is not
executed, The Land Tribunal shall, on the application of the person in whose favour
such deed is to be executed and on the deposit by such person of such amount as
the Land Tribunal may direct, execute the deed on behalf of the person in default;
and the Land Tribunal shall by order, direct that the cost of the execution of the
deed may be realised by the application from the person in default.
(5) *[omitted]

Notice to landlord and intermediary when the interest in the holding of

the tenant is acquired
55. (1) Any person driving an interest in the holding or part of the holding of a
tenant by virtue of a title acquired by act of parties or by operation of law shall,
where such interest is acquired after the commencement of *[the Mahe Land
Reforms (Amendment) Act, 1980], within sixty days from the day of such
acquisition, give registered notice of his interest in the holding or part of the
holding to the landlord and the intermediaries, if any. The said notice shall contain
particulars of the property, its extent, the nature of the interest acquired and the
date of acquisition of such interest.

(2) Where default is made by tenant in the payment of rent, his landlord
shall give registered notice of the default to the persons who have acquired interest
in the holding or part of the holding prior to the date of such default and who have
notified the existence of their interest under sub-section (1). The persons having
interest in the holding shall be entitled to pay the arrears and the landlord shall, be
bound to receive such payment:

________________________________________________________________________
* Omitted vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 109

Provided that a person who has acquired interest only in a part of the
holding shall be bound to pay only so much of the rent or arrears of the same, as
will on apportionment fall on such portion of the holding.

(3) Where there has been no agreement among the person interested as to
the apportionment referred to in the proviso to sub-section (2), the person who has
acquired interest in the part of the holding may, within sixty days from the date of
service of the notice of default, apply to the Land tribunal for the apportionment,
and the Land Tribunal shall, by order, make the apportionment.

(4) *[omitted]

Rights of tenant to be heritable and alienable

56. Subject to the provisions of this Act, all rights which a tenant has in his
holding shall be heritable and alienable.

Extent of tenant’s right to use his holding

*[ 56A. (1) Notwithstanding anything contained in any law or contract, or in any
judgment, decree or order of court, a tenant entitled to fixity of tenure shall have the
right to use his holding in any manner he thinks fit:

Provided that nothing contained in this section shall be deemed to

empower the tenant to use the holding in contravention of any order issued under
the Essential Commodities Act, 1955.

(2) Notwithstanding anything contained in any law or contract, or in any

judgment, decree or order of court, where the tenant in respect of a nilam is a
varamdar and the fishing right in that nilam is exercised by the landlord, such right
of the landlord shall cease to exist and the tenant shall be entitled to exercise such
right].

Surrender by tenant
57. (1) Notwithstanding anything contained in this Act, a tenant may terminate
the tenancy in respect of any land held by him at any time by surrender of his
interest therein:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 110

Provided that no such surrender shall be made in favour of any person

other than the Government:

Provided further that such surrender shall not be effective unless it is made
in writing and is admitted by the tenant before the Land Tribunal and is registered
in the office of the Land Tribunal in the prescribed manner.

(2) The Government shall pay to the landlord fair rent of the tenancy
surrendered to it under sub-section (1).
(3) The Government may let any land surrendered to it under sub-section
(1) to any person, in accordance with such rules as may be made under this Act.
(4) The tenant to whom any land is let under sub-section (3) shall pay their
fair rent thereof directly to the landlord and the Government’s liability under sub-
section (2) with regard to the payment of the rent of that land shall, on and from the
date of induction of the tenant on such land, cease.

Abandonment by a tenant
58. (1) No landlord shall enter on any land which has been abandoned by a
tenant.
*[ (2) If a tenant abandons his holding and ceases to cultivate the holding
either by himself or by some other person, the Government may, after notice to the
tenant and the landlord and after hearing objections, if any, take possession of the
land comprised in the holding.

(3) The Government shall pay to the landlord fair rent for the land
possession of by it under sub-section (2), from the date on which it lets out the land
to another tenant under sub-section (4)].

(4) The Government may let to another tenant any land, possession of
which has been taken under sub-section (2), in accordance with such rules as may
be made under this Act.

(5) The tenant to whom any land is let under sub-section (4) shall pay the
fair rent thereof directly to the landlord and the Government’s liability under sub-
section (3) with regard to the payment of the fair rent for such land shall, on and
from the date of induction of the tenant on the land, case.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 111

Landlord not to enter on surrendered or abandoned land

59. If any landlord enters into the possession of any abandoned land or any land
which has not been surrendered in accordance with the provisions of section 57, he
shall be deemed to have contravened the provisions of section 89 of this Act and
shall be punished accordingly.

Rights as to timber trees

60. (1) Notwithstanding any law, custom or contract to the contrary, all timber
trees planted by the cultivating tenant or his predecessor-in-interest or
spontaneously sprouting and growing in the holding after the commencement of
the tenancy in favour of the cultivating tenant or his predecessor-in-interest, shall
belong to the cultivating tenant.

*[ (2) Subject to the provisions of sub-section (3) and (5), in the case of timber
trees standing in the holding of a cultivating tenant at the commencement of his
tenancy, the cultivating tenant shall have the right to cut and remove such trees,
and the landlord or the intermediary shall not have the right to cut and remove
such trees.]

(3) Where the cultivating tenant exercises his right under sub-section (2) he
shall be liable to pay to the landowner or the intermediary, as the case may be one-
half of the market value of the timber trees so cut and removed.

(4) *[omitted]

(5) The right conferred by sub-section (2) shall not be exercisable unless
reasonable notice thereof in writing is given to the party to be affected by the
exercise of the said right.

(6) If any dispute arises as to the rights of the landowner, intermediary and
cultivating tenant over timber trees, the Land Tribunal shall, on the application of
the landowner, intermediary or cultivating tenant, by order, decide the question
after hearing all the persons interested.

Cultivating tenant’s right to purchase landlord’s rights

61. (1) *[A cultivating tenant (including the holder of a kudiyiruppu and the
holder of a karaima)], entitled to fixity of tenure under section 8, shall be entitled to
purchase the right, title and interest of the landowner and the intermediaries, if any,
in respect of the land comprised in his holding:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 112

Provided that,---
(i) if the landlord is entitled to resume any portion of the holding under this
Act and he applies for such resumption, the cultivating tenant shall be entitled to
purchase the right, title and interest of the landowner and the intermediaries only
in respect of the remaining portion of the holding.
(ii) no cultivating tenant shall be entitled to purchase the right, title and
interest in respect of any land under this section if he, or if he is a member of a
family, such family, owns an extent of land not less than the ceiling area;
(iii) where the cultivating tenant or, if he is a member of a family, such family,
does not own any land or owns an extent of land which is less than the ceiling area,
he shall be entitled to purchase the right, title and interest in respect of only such
extent of land as will together with the land, if any, owned by him or his family, as
the case may be, be equal to the ceiling area.

Explanation. – In calculating the extent of land owned by the cultivating

tenant or, where he is a member of a family, by such family, for the purposes of
clause (ii) or clause (iii), of the proviso to this sub-section, the portion of the land
owned by such cultivating tenant or by the family, which is liable to be purchased
by the cultivating tenant holding under such tenant or family, shall not be taken
into account.

*[(2) The provisions of section 92 shall, so far as may be, apply to the
calculation of the ceiling area for the purposes of sub-section (1):

Provided that if no date has been notified under section 93, the date of
application by the cultivating tenant under section 62 shall be deemed to be the date
notified under section 93].

Application for purchase of landlord’s rights by cultivating tenants

62. (1) A cultivating tenant entitled to purchase the right, title and interest of the
landowner and the intermediaries under section 61 may apply to the Land Tribunal
for the purchase of such right, title and interest.

(2) The application for the purchase under sub-section (1), shall be in such
form and shall contain such particulars as may be prescribed.

(3) *[omitted]

________________________________________________________________________
* Substitude vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 113

(4) Where a cultivating tenant is entitled to purchase the right, title and
interest in respect of only a portion of the land held by him, he may indicate in the
application, his choice of the portion, the right, title and interest over which he
desires to purchase.
Purchase price
63. The price payable by the cultivating tenant for the purchase of the right, title
and interest of the landowner and the intermediaries, if any shall be the aggregate
of ---
(i) sixteen times the fair rent in respect of the holding or part thereof to which
the purchase relates;
(ii) the value of structures, wells and embankments of a permanent nature
belonging to the landowner or the intermediaries, if any; and
(iii) one-half of the value of timber trees belonging to the landowner or the
intermediaries, if any.

*[Provided that where the aggregate of the value of structures, wells, and
embankments and one-half of the value of timber trees referred to in clauses (ii) and
(iii) exceeds sixteen times the fair rent in respect of the holding or part thereof to
which the purchase relates, such aggregate value shall, for the purpose of
calculating the purchase price, be limited to sixteen times such fair rent]

Explanation. – For the purposes of this section, where the rent is payable in
kind, the money value of the rent shall be computed at the average of the prices of
the commodity for the six years immediately preceding the year of determination of
the purchase price, and, in calculating the average of the prices, the prices, if any,
published under section 49 may also be taken into account.

Purchase price to be distributed among landowner and intermediaries

64. (1) Where the right, title and interest of the landowner and the
intermediaries in respect of a holding have been purchased by the cultivating
tenant, the purchase price paid by the cultivating tenant shall be paid to the
landowner or apportioned among the landowner and the intermediaries, as the case
may be, in accordance with the provisions of sub-sections (2) and (3).

(2) Where there is no intermediary, the landowner shall be entitled to the entire
purchase price paid by the cultivating tenant.

(3) Where there is an intermediary or there are intermediaries. ---

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 114

(i) the amount of sixteen times the fair rent paid by the cultivating tenant shall
be apportioned among the landowner and the intermediary or intermediaries in
proportion to the profits derived by them for the holding; and
(ii) the value of structures, wells and embankments of a permanent nature and
half the value of the timber trees paid by the cultivating tenant shall be payable to
the landowner or the intermediary to whom such structures, wells, embankments
and timber trees belong.

*[ Provided that where the aggregate of the value of structures, wells and
embankments and one-half of the value of timber trees has been limited to sixteen
times the fair rent under the proviso to section 63, the amount payable under this
clause to the landowner and the intermediary of intermediaries shall be sixteen
times such fair rent apportioned among the landowner and intermediary or
intermediaries in proportion to the value of the structures, wells, embankments and
timber trees belonging to each of them]

Explanation. – “Profits derived from the holding” shall, for the purpose of
this sub-section, mean, in the case of the landowner, the rent to which he is entitled
and, in the case of an intermediary, the difference between the rent due to him from
his tenant and the rent for which the intermediary is liable to his landlord *[and
where there is no evidence as to the rent for which the intermediary is liable to his
landlord, it shall be presumed that such rent is one-half of the rent payable to the
intermediary by his tenant].

Procedure before Land Tribunal

65. (1) As soon as may be after the receipt of the application under section 62, the
Land Tribunal shall give notice to the landowner, the intermediaries and other
persons interested in the holding, to prefer claims or objections with regard to the
application. *[omitted]

(2) The Land Tribunal shall, considering the claims and objections received
and hearing any person appearing in pursuance of the notice issued under sub-
section (1) and after making due enquiries, pass orders ---
(i) on the application, if any, *[pending before it] from the landowner or
intermediary for resumption, in accordance with the provisions of section 15; and
(ii) on the application for purchase under section 62.
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 115

(3) Where the cultivating tenant is entitled to purchase only a portion of the
land left after resumption, the Land Tribunal shall, as far as possible, allow the
purchase of the portion indicated in the application under sub-section (4) of section
62.
*[ (3A) Where the right, title and interest of the landowner or the
intermediary vested in the cultivating tenant form part of the security for any
encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the
purpose of discharging the same, apportion the entire encumbrance or the charge
for the maintenance or alimony between the portion of the land, the right, title and
interest over which vested in the tenant and the portion remaining after such
vesting, in proportion to the values of the two portions of the property, and
discharge only the liability pertaining to the portion to which the purchase relates.]
(4) An order under clause (ii) of sub-section (2) allowing the application shall
specify –

(i) the purchase price payable by the cultivating tenant;

(ii) the amount due to the landowner and each of the intermediaries, if any, on
the apportionment of the purchase price paid by the cultivating tenant;
(iii) the value of encumbrances subsisting or claims for maintenance or
alimony charged on the right, title and interest of the landowner and the
intermediaries, if any;
(iv) the amounts payable to the holder of the encumbrance or the person
entitled to the maintenance or alimony *[and the order of the priority in which such
amount is payable] and
(v) the amount payable to the landowner and each of the intermediaries after
deducting the value of the encumbrance or the claims for maintenance or alimony.

(5) If the landowner or intermediary is liable to pay any amount to the

cultivating tenant under this Act, the Land Tribunal shall, in passing orders on the
application for purchase, set off such amount against the purchase price payable to
the landowner or the intermediary.

(6) The Land Tribunal shall, as soon as may be, forward a copy of the
orders under sub-section (2) to the Land Board.

Purchase price payable in instalments or in lump

66. The purchase price determined under section 65 shall be payable in sixteen
equal annual instalments:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 116

Provided that where the purchase price is less than Rs. 160 the number of
instalments shall be so fixed by the Land Tribunal that the amount payable in each
instalment shall not be less than Rs. 10:

Provided further that it shall be open to the cultivating tenant to pay the
entire purchase price in a lump, in which case the amount payable shall be only
seventy-five per cent of the purchase price.
Deposit of purchase price and issue of certificate of purchase
67. (1) Where an application under section 62 has been allowed and the
purchase price determined under section 65 by the Land Tribunal, the cultivating
tenant shall deposit with the Land Tribunal to the credit of the Land Board, --

*[(i) where the purchase price is proposed to be paid in a lump, the entire
amount due within one year; or
(ii) where the purchase price is proposed to be paid in instalments, the first
instalment thereof within six months,

from the date on which the order of the Land Tribunal under section 65 has become
final:

Provided that the Land Tribunal may, on application by the cultivating

tenant before the expiry of the said period of one year or six months, as the case
may be, extend the period for making such deposit, so however that the period so
extended shall not exceed three months.]

(2) On the deposit of the purchase price in a lump or of the first instalment
of such price, the Land Board shall issue a certificate of purchase to the cultivating
tenant and thereupon the right, title and interest of the landowner and the
intermediaries, if any, shall vest in the cultivating tenant free from all encumbrances
with effect *[from the date of the application under section 62]. The certificate of
purchase shall be conclusive proof of the purchase by the tenant of the right, title
and interest of the landowner and intermediary, if any, over the holding or portion
thereof.

*[ Explanation. - For the removal of doubts, it is hereby declared that on the

issue of the certificate of purchase, the landowner or any intermediary shall have no
right in the land comprised in the holding and all his rights including rights, if any,
in respect of trees reserved for his enjoyment shall stand extinguished].

________________________________________________________________________
* Inserted vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 117

(3) Where a cultivating tenant fails to deposit the purchase price in lump or
the first instalment thereof on or before the due date, the order of the Land Tribunal
under section 65 shall stand cancelled and the cultivating tenant shall continue as
cultivating tenant.

(4) Where the purchase price is paid in instalments, the second and
subsequent instalments shall be deposited in the Government treasury in the
prescribed manner to the credit of the Land Board.

Interest on defaulted instalments

*[68. If the second or any subsequent instalment of the purchase price is not
deposited on the due date the amount of such instalment shall bear interest at the
rate of 4 ½ per cent per annum from that date till the date of deposit of that
instalment.

Cultivating tenant to pay rent pending determination of purchase price

69. (1) Notwithstanding the filing of an application under section 62, a
cultivating tenant shall, pending the determination of the purchase price under
section 63 or, where there has been an appeal against the determination of the
purchase price, pending orders on such appeal, deposit with the Land Tribunal an
amount equal to the rent which would have been payable by him on the dates on
which such rent would have become due if the land were not purchased:
Provided that the Land Tribunal may ---
(a) on application by the cultivating tenant for sufficient reason allow the
applicant to make the deposit after the due date;
(b) allow any cultivating tenant to deposit the balance amount, if any, where
the amount deposited is found to be less than the amount of rent.

(2) The Land Tribunal shall, after intimating the landlord, pay the amount
deposited under sub-section (1) to the landowner and intermediaries, if any, as part
payment of the purchase price on taking proper security in case it is found that they
are entitled to such amount.

(3) The amount deposited under sub-section (1) shall be deducted from the
purchase price payable by the cultivating tenant and he shall be liable to pay only
the balance].

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 118

Recovery of instalments of purchase price on default

70. For the purchase price payable by the cultivating tenant, there shall be a first
charge on the land to which the purchase relates, subject to the charges for any dues
payable to the Government. Where the second or any subsequent instalment is not
deposited on the due date the Land Board may, on application from any person
entitled to the instalment of the purchase price in default or any part thereof, pass
an order directing the payment of the amount *[together with interest thereon] and
the order of the Land Board may be executed through the court as if it were a
decree passed by it:

Provided that where the right, title and interest of the landowner or
intermediary which is a religious, charitable or educational institution of a public
nature have vested in the Government under section 74, the instalment of the
purchase price in default or any part thereof due to the Government *[together with
interest thereon] shall be recoverable as an arrear of land revenue under the
provisions of the law for the time being in force relating to the recover of land
revenue.

Payment of purchase price, amount of encumbrance,

maintenance or alimony
71. (1) The purchase price payable to the landowner and the intermediaries
shall be distributed by the Land Board according to the provisions of sub-sections
(2) to (9).

(2) Where the right, title and interest of the landowner or the intermediaries
are not subject to any encumbrances or charge for maintenance or alimony, the
purchase price paid by the cultivating tenant shall be paid to the landowner or
apportioned among the landowner and the intermediaries in the manner specified
in sub-section (2) or sub-section (3), as the case may be, of section 64.

*[(3) Where the right, title and interest of the landowner or any intermediary in
respect of a holding are subject to any encumbrance or charge for maintenance or
alimony, the purchase price paid by the cultivating tenant shall ---

(i) if there is no intermediary, be paid to the landowner after deducting the

value of encumbrance or charge for maintenance or alimony:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 119

(ii) if there is an intermediary or there are intermediaries, be apportioned

among the landowner and the intermediary or intermediaries in the manner
specified in sub-section (2) or sub-section (3), as the case may be, of section 64, and
the value of the encumbrances, maintenance or alimony shall be deducted from the
purchase price payable to the landowner or the intermediary or intermediaries, as
the case may be, and the balance amount shall be paid to the landowner or
intermediary or intermediaries.]

If the total amount of such encumbrance, maintenance or alimony is equal

to or more than the amount of the purchase price payable to the landowner or the
intermediary, the whole amount shall be reserved for payment to the holder of the
encumbrance, or the person entitled to the maintenance or alimony and no amount
shall be paid to the landowner or the intermediary, as the case maybe.
(4) *[omitted]
(5) Where any amount has been deducted or reserved for payment to the
holders of the encumbrances or the persons entitled to the maintenance or alimony,
the same shall be paid in their order of priority to person entitled thereto.
(6) Where the cultivating tenant pays the purchase price in instalments, the
amount of each instalment shall be distributed in the manner specified above. The
interest on the purchase price paid by the cultivating tenant shall also be paid to the
landowner, intermediary, holder of the encumbrance or the person entitled to the
maintenance or alimony, as the case may be.
(7) Where a person entitled to the purchase price or the value of the
encumbrances, maintenance or alimony dies before it is paid to him, it shall be paid
to his legal representatives.
(8) Where the person entitled to receive the purchase price or the value of
encumbrance is a private trust or endowment or a minor or a person suffering from
some legal disability or a limited owner, the purchase price or the value of
encumbrance may, notwithstanding anything contained in any law, but subject to
any general directions that the Government may give, be deposited for and on
behalf of the person with such authority or bank as may be prescribed.
(9) Where before any court or authority any suit or proceeding is pending
which directly or indirectly affects or is likely to affect the right of any person to
receive the whole or part of the purchase price or the amount of encumbrance or
maintenance or alimony payable under this Act, the court or authority may require
the Land Board to place at its disposal the amount so payable and thereupon the
same shall be disposed of in accordance with the orders of the court or authority.
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 120

Payment of purchase price to the landowner, or

Intermediary to be full discharge
72. The payment of purchase price or the value of encumbrance, maintenance or
alimony to the landowner or intermediary or other person entitled thereto in the
manner specified in section 71 shall be a full discharge of the liability for payment
of purchase price to the landowner and the intermediaries, and no further claims
for payment of purchase price shall lie.

Special provisions relating to religious, charitable or

educational institutions of a public nature
*[ 73. (1) Notwithstanding anything contained in sections 61 to 72, where, in
respect of a holding the landowner or the intermediary is a religious, charitable or
educational institution of a public nature, such institution may, by application to
the Land Board, choose whether the right, title and interest of the institution in
respect of the holding should be vested in the Government in consideration of the
payment of an annuity in perpetuity by the Government or whether it should be
paid such annuity by the Government instead of purchase price in case the holding
is purchased by the cultivating tenant under the provisions of this Act:

Provided that no such application shall be entertained by the Land Board

on or after the date notified by the Government under section 80.

Explanation. – In this sub-section, the expression “institution of a public

nature” includes a public trust and a wakf.

(2) If any question arises as to whether an institution is a religious,

charitable or educational institution of a public nature, the question shall be decided
by the Land Board after such enquiry as it deems fit, and its decision thereon shall
be final.

(3) The annuity payable to an institution in respect of a holding shall be, --

(a) where such institution is the landowner, an amount equal to the rent to
which it would be entitled if fair rent were determined in respect of the holding,
after deducting 2 ½ per cent thereof by way of collection charges;
(b) where such institution is the intermediary, an amount equal to the difference
between the rent due to such institution from its tenant and the rent for which such
institution is liable to its landlord if fair rent were determined in respect of the
holding, after deducting 2 ½ per cent of such difference by way of collection
charges.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 121

Explanation I. – For the purchase of this sub-section, “fair rent” means the
fair rent that would be determined under the provisions of this Act, as amended by
the Mahe Land Reforms (Amendment) Act, 1980.

Explanation II. - Where the rent payable to an institution is in kind, the

annuity payable shall be commuted into money at the average of the prices of the
commodity for six years immediately preceding the year in which the annuity is
determined.

Procedure for vesting of rights of religious, charitable or educational institutions

in Government and for determination of annuity

74. (1) An application under sub-section (1) of section 73 shall specify all the
holdings in respect of which the institution desires to be paid annuity.

(2) The application shall be in such form as may be prescribed.

(3) On receipt of such application, the Land Board shall direct the Land
Tribunal, to determine the annuity payable to the institution.

(4) Notwithstanding anything contained in sub-section (3), the Land Board

shall have power to reject an application referred to in sub-section (1) at any time
before the date of the notification under sub-section (9), if it is found that the
institution is not a religious, charitable or educational institution of a public nature
or on any other ground to be recorded in writing:

Provided that, before rejecting the application, the institution shall be given
an opportunity of being heard.

(5) On receipt of a direction under sub-section (3), the Land Tribunal shall,
subject to such rules as may be made by the Government in this behalf, by order in
the prescribed form, determine ---
(a) the fair rent in respect of the holding under the provisions of this Act as
amended by the Mahe Land Reforms (Amendment) Act, 1980;
(b) the annuity payable to the institution in respect of the holding;
(c) where the right, title and interest of the institution in respect of the holding
form security for any encumbrance, the amount of the encumbrance and where
there are more encumbrances than one, the order of priority of each of such
encumbrances; and
(d) such other matters as may be prescribed.
 122

(6) The annuity determined under sub-section (5) shall be paid, ---
(a) in the case of a holding included in notification under sub-section (9), from
the date specified in that notification;
(b) in the case of a holding, the right, title and interest of the landowner and
intermediaries in respect of which have been purchased by the cultivating tenant,
from the date on which the right, title and interest of the institution in respect of its
other holdings have vested in the Government under sub-section (9) or section 80,
which ever is earlier.
(c) in the case of any other holding, from the date notified under section 80.

(7) The fair rent in respect of a holding determined under sub-section (5)
shall, subject to the provisions of sections 112 and 113, be the fair rent for the
purposes of sections 80A and 80E.

(8) As soon as may be after the determination of the annuity under sub-
section (5), the Land Tribunal shall forward a statement in the prescribed form
together with a copy of the order under that sub-section to the Land Board, and the
Land Board shall have the power to return such statement to the Land Tribunal for
the purpose of correcting patent mistakes or error apparent on the face of the
record.

(9) As soon as may be after the determination of the annuity in respect of

all holdings specified in the application under sub-section (1) of section 73 (other
than holdings in respect of which certificates of purchase have been issued), the
Government shall issue a notification in the Official Gazette declaring that the right,
title and interest of the institution in respect of such holdings shall vest in the
Government with effect from a date to be specified in the notification and all such
right, title and interest shall accordingly vest in the Government free from all
encumbrances.

Payment of annuity

75. The Government shall pay the annuity payable to the institution every year
in perpetuity on such date or dates and in such manner as may be prescribed:

Provided that no annuity in respect of a holding shall be paid if the

purchase price in respect of that holding has been paid, or deposited in pursuance
of sub-section (8) of section 71.
 123

Provided further that where the right, title and interest of the institution are
subject to any encumbrance on the date on which such right, title and interest have
vested in the Government, ---
(i) the value of the encumbrance shall be paid to the holder of the encumbrance;
and
(ii) five per cent of the value of the encumbrance shall be deducted from the
annuity and the balance, if any, alone shall be paid to the institution:

Provided also that where the value of the encumbrance is more than
sixteen times the annuity, ---
(i) if there is only one encumbrance, sixteen times the annuity shall be paid to
the holder of the encumbrance; and
(ii) if there are two or more encumbrances, sixteen times the annuity shall be
paid to the holders of the encumbrances in their order of priority, and in either case,
no amount by way of annuity shall be payable to the institution.

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

76. The filing of an application by a religious, charitable or educational

institution of a public nature under sub-section (1) of section 73 or the vesting of the
right, title and interest of the institution in the Government under sub-section (9) of
section 74 shall not affect the right of the cultivating tenant purchase such right, title
and interest in accordance with the provisions of sections 61 to 72.

Government entitled to purchase price in certain cases

77. Where the right, title and interest of a religious, charitable or educational
institution of a public nature in respect of a holding are purchased by the
cultivating tenant and the institution has, under sub-section (1) of section 73,
expressed its choice for annuity instead of purchase price in respect of that holding,
the Government shall, notwithstanding any order of any court of Land Tribunal, be
entitled, subject to the provisions of section 78, to the purchase price payable to the
institution.
 124

Institution entitled to rent for certain period

78. Where the right, title and interest of a religious, charitable or educational
institution of a public nature in respect of a holding are purchased by the
cultivating tenant and the institution is entitled to annuity in respect of that
holding, the institution shall also be entitled from and out of the purchase price to
an amount equal to the rent to which it would have been entitled for the period
commencing on the date of application for purchase by the cultivating tenant and
ending with the date on which the institution is entitled to annuity, if fair rent had
been determined for the holding under this Act as amended by the Mahe Land
Reforms (Amendment), Act 1980, after deducting any amount received by the
institution under sub-section (2) of section 69.
Tenant holding under institution to continue as tenant under the
Government
79. (1) Where a cultivating tenant does not apply for the purchase of the right,
title and interest in respect of his holding vested in the Government under sub-
section (9) of section 74, the tenant holding directly under the religious, charitable
or educational institution of a public nature shall continue as tenant under the
Government.
(2) The rent payable by such tenant to the Government shall, on default, be
recoverable as an arrear of land revenue under the Revenue Recovery Act for the
time being in force.
Vesting of landlord’s rights in Government
80. (1) On a date to be notified by the Government in this behalf in the Official
+

Gazette, all rights, title and interest of the landowners and intermediaries in respect
of holdings held by cultivating tenants (including holders of kudiyiruppus and
holders of karaimas) entitled to fixity of tenure under section 8 and in respect of
which certificates of purchase under sub-section (2) of section 67 have not been
issued, shall, subject to the provisions of this section, vest in the Government free
from all encumbrances created by the landowners and intermediaries and
subsisting thereon on the said date:

Provided that nothing contained in this sub-section shall apply to a holding

or part of a holding in respect of which an application for resumption under the
provisions of this Act is pending on such date before any court or tribunal or in
appeal or revision.
(2) Where in the case of a holding or part of a holding mentioned in the
proviso to sub-section (1), the order rejecting the application for resumption, either
in part or in full, has become final, the right, title and interest of the landowner and
the intermediaries, if any, of the holding or part of the holding, as

________________________________________________________________________
+1 st day of April 1981 is notified date for the purposes of this said sub-section.
________________________________________________________________________
 125

the case may be, in respect of which resumption has not been allowed shall, with
effect from the date on which the application for resumption has been finally
rejected, vest in the Government free from all encumbrances created by the
landowner and the intermediaries, if any, and subsisting thereon on the said date.
(3) Where any land or portion of a land is restored to the possession of any
person under the provisions of this Act after the date notified under sub-section (1),
the right, title and interest of the landowner and intermediaries, if any in respect of
such land or portion of land small, from the date of such restoration, vest in the
Government free from all encumbrances created by the landowner and
intermediaries and subsisting thereon on the said date.
(4) Where in the case of a holding or part of a holding, the landowner or an
intermediary is a minor or a person of unsound mind or a member of the Armed
Forces or a seaman or a legal representative of any member or seaman, or a small
holder, the right, title and interest of the landowner and intermediaries, if any, in
respect of such holding or part of a holding shall vest in the Government –

(a) on the expiry of six months from the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, or on the date notified under sub-section (1),
whichever is later, in cases where no application for resumption of the holding or
part of the holding has been preferred;
(b) in any case where application for resumption has been preferred, on the
date on which the order rejecting such application, either in part or in full, has
become final or on the date notified under sub-section (1), whichever is later.

(5) Where an intermediary has resumed any land under the provisions of
this Act, the right, title and interest of the landowner and the other intermediaries, if
any, in respect of the said land shall vest in the Government free from all
encumbrances created by the landowner and the other intermediaries with effect
from the date of resumption or the date notified under sub-section (1), whichever is
later.

Compensation to landlords for vesting of their rights in Government

80A. (1) Every landowner and intermediary whose right, title and interest in
respect of any holding have vested in the Government under section 80 shall be
entitled to compensation as provided in sub-sections (2), (3) and (4).
 126

(2) the compensation payable to the landowner and intermediaries under

sub-section (1) shall be the aggregate of:-
(a) sixteen times the fair rent of the holding or part thereof, the right, title and
interest in respect of which have vested in the Government;
(b) the value of structures, wells and embankments of a permanent nature
belonging to the landowner and the intermediaries, if any; and
(c) one-half of the value of timber trees belonging to the landowner and the
intermediaries, if any:

Provided that where the aggregate of the value of structures, wells and
embankments and one-half of the value of the timber trees referred to in clauses (b)
and (c) exceeds sixteen times the fair rent in respect of the holding or part thereof,
as the case may be, such aggregate value shall, for the purpose of calculating the
compensation under this sub-section, be limited to sixteen times such fair rent.

Explanation I. – For the purposes of this section and section 80E “fair rent”
means the fair rent that would be determined under the provisions of this Act as
amended by the Mahe Land Reforms (Amendment) Act, 1980.

Explanation II. – For the purposes of this section, where the rent is payable
in kind, the money value of the rent shall be commuted at the average of the prices
of the commodity for the six years immediately preceding the year in which the
right, title and interest of the landowner and the intermediaries have vested in the
Government, and in calculating the average of the prices, the prices, if any,
published under section 49 may also be taken into account.

(3) Notwithstanding anything contained in sub-section (2), where the total

compensation due to a landlord in respect of holdings held by cultivating tenants,
after deducting the value of encumbrances and claims for maintenance or alimony,
is more than twenty thousand rupees, the compensation payable to such landlord
shall be limited to the amount specified in the Table below.
 127

TABLE

SCALES OF COMPENSATION

Total amount of compensation Rate

On the first Rs. 20,000 … 100 per cent

On the next Rs. 10,000 … 95 per cent
On the next Rs. 10,000 … 90 per cent
On the next Rs. 10,000 … 85 per cent
On the next Rs. 10,000 … 80 per cent
On the next Rs. 10,000 … 75 per cent
On the next Rs. 10,000 … 70 per cent
On the next Rs. 10,000 … 65 per cent
On the next Rs. 10,000 … 60 per cent
On the next Rs. 10,000 … 55 per cent
On the next Rs. 10,000 and above … 50 per cent

(4) Where the landowner or intermediary of a holding or part of a holding

is entitled to receive fifty per cent of the compensation in respect of that holding or
part in a lump under section 80J, the compensation payable to such landowner or
intermediary, as the case may be, in respect of that holding or part shall, subject to
the provisions of sub-section (3), be 75 per cent of the amount calculated under sub-
section (2).

Cultivating tenants’ right to assignment

80B. The cultivating tenant of any holding or part of a holding, the right, title
and interest in respect of which have vested in the Government under section 80,
shall be entitled to assignment of such right, title and interest:

Provided that ---

(a) no cultivating tenant shall be entitled to assignment of the right, title and
interest in respect of any holding or part of a holding under this section if he, or if
he is a member of a family, such family owns an extent of land not less than the
ceiling area;
 128

(b) where the cultivating tenant or, if he is a member of a family, such family,
does not own any land or owns an extent of land which is less than the ceiling area,
he shall be entitled to the assignment of the right title and interest in respect of only
such extent of land as will, together with the land, if any, owned by him or his
family, as the case may be, be equal to the ceiling area.

Explanation. -- In calculating the extent land owned by the cultivating

tenant or, where he is a member of a family, by such family, for the purpose of
clauses (a) and (b) of the foregoing proviso, the portion of the land owned by such
cultivating tenant or by the family, which is liable to be assigned to the cultivating
tenants holding under him or such family, shall not be taken into account.

(2) The provisions of section 92 shall, so far as may be, apply to the
calculation of the ceiling area for the purposes of the proviso to sub-section (1):

Provided that if no date has been notified under section 93, the date
notified under section 80 shall be deemed to be the date notified under section 93.

(3) Any cultivating tenant entitled to assignment of the right, title and
interest in respect of a holding or part of a holding under sub-section (1) may apply
to the Land Tribunal within two years from the date of vesting of such right, title
and interest in the Government under section 80, or such further time as may be
allowed by the Government in this behalf, for such assignment to him.

(4) An application under sub-section (3) shall contain the following

particulars, namely: -

(a) the village, survey number and extent of the holding or part to which the
assignment relates;

(b) the name and address of the landowner and intermediaries and also of every
other person interested in the land and the nature of their interest so far as they are
known to him;

(c) the particulars regarding the other lands owned or held by him or if he is a
member of a family, by such family; and

(d) such other particulars as may be prescribed.

 129

(5) Where a cultivating tenant is entitled to the assignment of the right, title and
interest in respect of only a portion of the holding held by him, he may indicate in
the application under sub-section (3) his choice of the portion to which the
assignment shall relate.

Right of landlord to apply for assignment and compensation

80C. (1) Any landowner or intermediary whose right, title and interest in respect
of any holding have vested in the Government may apply to the Land Tribunal for
the assignment of such right, title and interest to the cultivating tenant and for the
payment of the compensation due to him under section 80A.

(2) An application under sub-section (1), shall contain the following particulars,
namely: --
(a) the village, survey number and extent of the holding to which the
assignment relates
(b) the names and addresses of the cultivating tenant, landowner and
intermediaries and also of every other person interested in the land and the nature
of their interest, so far as they are known to the applicant;
(c) the particulars regarding the other lands held by the cultivating tenant, so
far as may be known to the applicant;
(d) the fair rent, if any, fixed, and the contract rent, if any, of the holding;
(e) such other particulars as may be prescribed.

Assignment where the application is not made by cultivating tenant

80D. Notwithstanding anything contained in sub-section (3) of section 80B or

section 80C the Land Tribunal may, subject to such rules as may be made by the
Government in this behalf, at any time after the vesting of the right, title and
interest of the landowners and intermediaries in the Government under section 80,
assign such right, title and interest to the cultivating tenants entitled thereto, and
the cultivating tenants shall be bound to accept such assignment.
 130

Purchase price
80E. (1) The cultivating tenant shall be liable to pay purchase price to the
Government on the assignment to him of the right, title and interest of the
landowner and the intermediaries, if any.

(2) The purchase price referred to in sub-section (1) shall be the aggregate of –
(a) sixteen times the fair rent of the holding or part thereof, the right, title and
interest in respect of which have been assigned to the cultivating tenant;
(b) the value of structures, wells and embankments of a permanent nature
which belonged to the landowner and the intermediaries, if any, at the time of
vesting in the Government;
(c) one-half of the value of timber trees which belonged to the landowner and
the intermediaries, if any, at the time of vesting in the Government:

Provided that where the aggregate of the value of structures, wells and
embankments and one-half of the value of timber trees referred to in clauses (b) and
(c) exceeds sixteen times the fair rent in respect of the holding or part thereof, as the
case may be, such aggregate value shall, for the purpose of calculating the purchase
price under this sub-section, be limited to sixteen times such fair rent.

Explanation. - For the purposes of this section where the rent is payable in
kind, the money value of the rent shall be commuted at the average of the prices of
the commodity for the six years immediately preceding the year in which the right,
title and interest of the landowner and intermediaries have vested in the
Government, and in calculating the average of the prices, the prices, if any,
published under section 49 may also be taken into account.

Rent of holdings vested in Government but not assigned to

cultivating tenants
80F. Where in respect of any holding or part thereof, the right, title and interest
of the landowner and intermediaries have vested in the Government under section
80 and the cultivating tenant is not entitled to the assignment of such right, title and
interest by virtue of sub-section (1) of section 80B, the cultivating tenant shall be
liable to pay to the Government the rent payable under this Act from the date of
vesting under section 80.
 131

Constitution of village committees

80G. (1) The Government shall, by notification in the Official Gazette, constitute
a village committee for each village for the purpose of performing the functions of
the village committee under this Act.

(2) The village committees shall consist the village officer and six other
member nominated by the Government.

(3) The village officer shall be the convenor of the village committee.

(4) The village committee shall elect one of its members to be its chairman.

(5) Three members of the village committee shall constitute the quorum at
any meeting of the committee. ‘

Land Tribunal to issue notices and determine the compensation

and purchase price

80H. (1) As soon as may be after the right, title and interest of the landowner and
the intermediaries, if any, in respect of a holding or part of a holding have vested in
the Government under section 80, or, where an application under section 80B or
section 80C has been received by the Land Tribunal, as soon as may be after the
receipt of such application, the Land Tribunal shall publish or cause to be published
a public notice in the prescribed form in such manner as may be prescribed, calling
upon ---

(a) the landowner, the intermediaries, if any, and the cultivating tenant; and
(b) all other persons interested in the land, the right, title and interest in
respect of which have vested in the Government,

to prefer claims and objections, if any, within such time as may be specified in the
notice and to appear before it on the date specified in the notice with all relevant
records to prove their respective claims or in support of their objections.

(2) The Land Tribunal shall also issue a notice individually to the
landowner, each of the intermediaries and the cultivating tenant and also, as far as
practicable, to the other persons referred to in clause (b) of sub-section (1) calling
upon them to prefer claims and objections if any within such time as may be
specified in the notice and to appear before it on the date specified in the notice
with all relevant records to prove their respective claims or in support of their
objections.
 132

(3) Notwithstanding anything contained in sub-section (2), the publication

of a notice in the manner referred to in sub-section (1) shall be deemed to be
sufficient notice to the landowner, the intermediaries, if any, the cultivating tenant
and all other persons interested in the land.

(4) The Land Tribunal shall furnish a copy of the public notice under sub-
section (1) along with a statement containing the names, and addresses of the
persons to whom individual notice have been issued under sub-section (2) and such
other particulars as may be prescribed, to the village committee of the village in
which the holding is situate or where the holding is situate in more than one village,
the village committee of each such village and require the village committee or
village committees, as the case may be, to advise the Land Tribunal on the matters
mentioned in sub-section (5) before such date as may be specified in the requisition.

(5) On receipt of the copy of the public notice and the statement from the
Land Tribunal under sub-section (4), the village committee, or each of the village
committees shall, after such inquiry as may be prescribed advise the Land Tribunal
in respect of the following matters, namely: --
(a) the names and addresses of the landowner, the intermediaries, if any, and the
cultivating tenant;
(b) the names and addresses of all other persons interested in the land;
(c) such particulars as are necessary for identification of the land comprised in the
holding as may be prescribed;
(d) the value of encumbrances subsisting or claims for maintenance or alimony
charged on the right, title and interest of the landowner and intermediaries, if any;
(e) the amount due to the holders of encumbrances or the persons entitled to
maintenance or alimony and the order of priority in which the amount is payable; and
(f) such other matters as may be prescribed.

(6) Any person interested in the land, to whom no notice under sub-section
(2) has been issued, may apply to the Land Tribunal stating the nature of his claim
or objection and the relief he requires.

(7) The Land Tribunal shall, after considering the claims and objections
received in pursuance of the notice issued under sub-section (1) or sub-section (2)
and the advice received from the village committee or village committees before the
date specified therefor and hearing any person appearing in pursuance of the notice
issued under sub-section (1) or sub-section (2) and after making due enquiries, pass
an order specifying –
 133

(a) the extent, survey number and such other particulars as may be prescribed,
of the land, the right, title and interest in respect of which have vested in the
Government under section 80;

(b) the compensation due to the landowner and intermediaries, if any;

(c) the amount due to the landowner and each of the intermediaries, if any, on
the apportionment of the compensation ;

(d) the value of encumbrances subsisting or claims for maintenance or alimony

charged on the right, title and interest of the landowner and the intermediaries, if
any;

(e) the amount due to the holders of encumbrances or the persons entitled to
maintenance or alimony, and the order of priority in which the amount is payable;

(f) the amount payable to the landowner and each of the intermediaries after
deducting the value of encumbrances or claims for maintenance or alimony;

(g) the purchase price payable by the cultivating tenant;

(h) the rent payable by the cultivating tenant to the Government in the cases
falling under section 80F;
(i) where the landowner or intermediary is a religious, charitable or educational
institution of a public nature and is entitled to annuity instead of compensation the
amount of such annuity; and

(j) such other particulars as may be prescribed.

(8) Where the right, title and interest of the landowner or the intermediaries in
respect of a holding or part of a holding vested in the Government form part of the
security for any encumbrance or charge for maintenance or alimony, the Land
Tribunal shall, for the purpose of determining the value of the encumbrance or the
claim for the maintenance or alimony relating to that holding or part, as the case
may be, apportion the entire encumbrance or the charge for the maintenance or
alimony between such holding or part and the remaining lands which form the
security for the encumbrance or the charge for the maintenance or alimony, in
proportion to the values of the two portions.
 134

(9) If the landowner or any intermediary is liable to pay any amount to the
cultivating tenant under this Act, the Land Tribunal shall, in passing orders under
this section, set off such amount against the compensation payable to the
landowner or that intermediary.

(10) Where the cultivating tenant is entitled to the assignment of the right,
title and interest in respect only of a portion of the land held by him (whether
included in one holding or not), the Land Tribunal shall, as far as possible, assign to
the cultivating tenant the right, title and interest in respect of the portion of his
choice.
Apportionment of compensation by the Land Tribunal

80I. (1) The compensation payable to the landowner and the intermediaries, if
any, for the vesting of their right, title and interest in respect of a holding in the
Government under section 80 shall be apportioned among the landowner and the
intermediaries, as the case may be, in accordance with the provisions of sub-
sections (2) and (3).

(2) The amount of sixteen times the fair rent of the holding or part, the
right, title and interest in respect of which have vested in the Government, shall be
apportioned among the landowner and the intermediary or intermediaries in
proportion to the profits derived by them from the holding or part.

Explanation. – “Profits derived from the holding” shall, for the purposes of
this sub-section, mean, in the case of the landowner, the rent to which he is entitled
and, in the case of an intermediary, the difference between the rent due to him from
his tenant and the rent for which the intermediary is liable to his landlord; and
where there is no evidence as to the rent for which the intermediary is liable to his
landlord, it shall be presumed that such rent is one-half of the rent payable to the
intermediary by his tenant.

(3) The value of structures, wells and embankments of a permanent nature

and one-half of the value of timber trees shall be payable to the landowner or the
intermediary to whom such structures, wells, embankments and timber trees
belong:

Provided that where the aggregate of the value of structures, wells and
embankments and one-half of the value of timber trees has been limited to sixteen
times the fair rent under the proviso to sub-section (2) of section 80A, the amount
payable under this sub-section to the landowner and the intermediary or
intermediaries shall be sixteen times such fair rent apportioned among the
landowner and the intermediary or intermediaries in proportion to the value of the
structures, wells, embankments and timber trees belonging to each of them.
 135

(4) Where the right, title and interest of the landowner or an intermediary
in respect of the holding were subject to any encumbrance, or charge for
maintenance or alimony, the value of such encumbrance, maintenance or alimony
shall be deducted from the compensation payable to the landowner or the
intermediary, as the case may be, and the landowner, or the intermediary shall be
entitled only to the balance amount; and if the total amount of such encumbrance,
maintenance or alimony is equal to or more than the amount of the compensation
payable to the landowner or the intermediary, the whole amount shall be reserved
for payment to the holder of the encumbrance, or the person entitled to the
maintenance or alimony, and the landowner or the intermediary, as the case may
be, shall not be entitled to any amount by way of compensation.
Part payment of compensation, discharge of encumbrances etc.,
by Land Tribunal

80J. (1) The Land Tribunal shall pay to the landowner and each of the
intermediaries of a holding fifty per cent of the compensation payable to them in
respect of that holding in accordance with the provisions of this section.

(2) The amount of compensation payable under sub-section (1) in respect of

a holding shall be paid in cash in lump within a period of one year of the date on
which the order of the Land Tribunal under sub-section (7) of section 80H has
become final.

(3) Where the amount of compensation is not paid on or before the expiry
of the period of one year specified in sub-section (2), such amount shall bear interest
at the rate of four per cent per annum from the date of expiry of the said period of
one year.

(4) Where any amount has been deducted or reserved for payment to the
holders of the encumbrances or the persons entitled to the maintenance or alimony,
the same shall be paid by the Land Tribunal in their order of priority to the persons
entitled thereto.

(5) Where a person entitled to compensation or the value of the

encumbrance, maintenance or alimony dies before it is paid to him, it shall be paid
to his legal representatives.

(6) Where the person entitled to receive the compensation or the value of
encumbrance is a private trust or endowment or a minor or a person suffering from
some legal disability or a limited owner, the compensation or the value of
encumbrance may, notwithstanding anything contained in any law, but subject to
any general directions that the Government may give, be deposited for and on
behalf of such person with such authority or bank as may be prescribed.
 136

(7) Where before any court or authority, any suit or proceeding is pending
which directly or indirectly affects or is likely to affect the right of any person to
receive the whole or part of the compensation or the amount of encumbrance or
maintenance or alimony payable under this Act, the court or authority may require
the Land Tribunal to place at its disposal the amount so payable, and thereupon the
same shall be disposed of in accordance with the orders of the court or authority.

Determination and payment of balance compensation

80K. (1) Every landowner or intermediary shall, as soon as may be, after the
determination of the compensation in respect of all holdings held by cultivating
tenants under him and in respect of which the right, title and interest of the
landowner and intermediaries have vested in the Government, apply to the Land
Board for the determination and payment of the compensation due to him after
deducting the amount referred to in sub-section (1) of section 80J.

(2) An application under sub-section (1) shall be in such form and shall
contain such particulars as may be prescribed.

(3) On receipt of an application under sub-section (1), the Land Board shall
make such enquiries as may be prescribed and, after giving the applicant an
opportunity of being heard, determine the amount of compensation due to the
applicant after deducting the amount referred to in sub-section (1) of section 80J.

(4) Subject to such rules as may be made by the Government in this behalf,
the amount of compensation determined under sub-section (3) shall be paid either
in cash or in negotiable bonds redeemable after the expiry of sixteen years from the
date of issue of such bonds and carrying interest at the rate of four and a half per
cent per annum with effect from the date of such determination, or partly in cash
and partly in such bonds.

(5) Where the compensation is proposed to be paid in cash, it shall be

payable in eight equal annual instalments with interest at the rate of four per cent
per annum on the instalment in default, the first instalment being payable on the
date of expiry of one year from the date of determination of the amount of
compensation under sub-section (3).

(6) Notwithstanding anything contained in sub-section (4) or sub-section (5), -

(a) where the cultivating tenant has opted to pay the purchase price payable
by him under section 80N in a lump; or
 137

(b) where the landowner or the intermediary is a small holder and the amount
of compensation in respect of all holdings held by cultivating tenants under him
does not exceed five thousand rupees,

the amount of compensation determined under sub-section (3) shall be paid in cash
in lump within one year from the date of such determination and if not so paid shall
bear interest at the rate of four per cent per annum from the date of expiry of that
period.

(7) the provisions of sub-sections (5), (6) and (7) of section 80J shall, so far
as may be, apply to the payment of the amount of compensation determined under
sub-section (3).

Payment of compensation to landowner and intermediary

to be full discharge
80L. The payment of compensation under sections 80J and 80K shall be a full
discharge of the liability of the Government for payment of such compensation, and
no further claims for payment of compensation shall lie against the Government:

Provided that nothing contained in this section shall affect the liability of
any person who may receive the whole or any part of the compensation or the value
of encumbrances, maintenance or alimony to pay the same to the persons lawfully
entitled thereto.

Issue of certificate of purchase

80M. As soon as may be after the determination of the purchase price under
section 80H, or the passing of an order under sub-section (3) of section 80P the Land
Tribunal shall issue a certificate of purchase to the cultivating tenant, and
thereupon the right, title and interest of the landowner and the intermediaries, if
any, in respect of the holding or part thereof to which the certificate relates, shall
vest in the cultivating tenant free from all encumbrances created by the landowner
or the intermediaries, if any.

Explanation. – For the removal of doubts, it is hereby declared that on the

issue of the certificate of purchase, the landowner or any intermediary shall have no
right in the land comprised in the holding, and all his rights including rights, if any,
in respect of trees reserved for his enjoyment shall stand extinguished.
 138

(2) The certificate of purchase issued under sub-section (1) shall be

conclusive proof of the assignment to the tenant of the right, title and interest of the
landowner and the intermediaries, if any, over the holding of portion thereof to
which the assignment relates.

(3) The purchase price payable by the cultivating tenant shall be a first
charge on the land comprised in the holding or part thereof to which the
assignment relates and shall be recoverable together with interest as provided in
sub-section (3) of section 80O, under the provisions of the Revenue Recovery Act
for the time being in force.

Purchase price payable in instalments or in lump

80N. The purchase price determined under section 80H shall be payable in
sixteen equal annual instalments:

Provided that it shall be open to the cultivating tenant to pay the purchase
price in a lump, in which case the amount payable, shall be only seventy-five per
cent of the purchase price:

Provided further that the cultivating tenant shall exercise his option to pay
the purchase price in a lump before the date of the order under sub-section (7) of
section 80H, and such option shall be final.

Deposit of purchase price

80O. (1) Where the purchase price payable by the cultivating tenant is
determined under section 80H, the cultivating tenant shall deposit with the Land
Tribunal, --
(a) where the purchase price is opted to be paid in a lump, the
entire amount due within nine months; or
(b) where the purchase price is to be paid in instalments, the first
instalment thereof within three months,

from the date on which the order of the Land Tribunal under sub-section (7) of
section 80H has become final.

(2) Where the purchase price is paid in instalments, the second and subsequent
instalments shall be deposited with the Land Tribunal within such time and in such
manner as may be prescribed.
 139

(3) Where the purchase price or any instalment thereof is not deposited on the
due date the amount in default shall bear interest at the rate of four and a half per
cent annum from that date till the date of deposit.

Assignment by mutual agreement

80P. (1) Notwithstanding anything to the contrary contained in sections 80A to
80E and sections 80H to 80O, where the right, title and interest of the landowner
and the intermediary or intermediaries, if any, in respect of a holding have vested
in the Government under section 80, the cultivating tenant, the landowner, the
intermediary or intermediaries, if any, the holders of encumbrances, if any, charged
on such right, title and interest and the persons entitled to maintenance or alimony,
if any, charged on such right, title and interest, may jointly apply to the Land
Tribunal for an order assigning the right, title and interest of the landowner and
intermediary or intermediaries, if any, to the cultivating tenant:

Provided that nothing in this sub-section shall apply in respect of a

holding, if the landowner or any intermediary of that holding is a religious,
charitable or educational institution of a public nature which has opted for annuity.

(2) An application under sub-section (1) shall be in such form and shall
contain such particulars as may be prescribed.

(3) On receipt of an application under sub-section (1), the Land Tribunal

may, after such inquiry as may be prescribed, pass an order assigning the right, title
and interest of the landowner and the intermediary or intermediaries, if any, to the
cultivating tenant.

(4) Before passing an order under sub-section (3), the Land Tribunal shall,
so far as may be, follow the procedure laid down in sub-sections (1), (2) (4), (6) and
(7) of section 80H.

(5) An order of the Land Tribunal under sub-section (3) shall be in such
form and shall contain such particulars as may be prescribed.

(6) Where an order has been passed by the Land Tribunal under sub-
section (3), the Government shall have no right to receive any purchase price from
the cultivating tenant or liability for the payment of compensation or any other
amount in respect of the holding to which the order relates.
 140

(7) Any person affected by the order of a Land Tribunal under sub-section
(3) may, within ninety days from the date of the order, apply to that Land Tribunal
to set aside the order on the ground that he had no notice of the application under
sub-section (1), and the Land Tribunal may either set aside the order and proceed
under section 80H or reject the application:

Provided that no order shall be passed under this sub-section without

giving the parties interested an opportunity of being heard.

(8) An appeal shall lie from any order passed by the Land Tribunal under
sub-section (7) as if such order were an order under section 80H.

Special provisions relating to institutions which have

opted for annuity purchase price

80Q. (1) Notwithstanding anything contained in sections 80J and 80K, where in
respect of a holding the landowner or intermediary is a religious, charitable or
educational institution of a public nature and ---
(a) an application from such institution for annuity is pending on the
date notified by the Government under sub-section (1) of section 80; or
(b) the annuity payable to such institution has been determined, but
no notification has been issued under sub-section (9) of section 74,

the Government shall pay to such institution the annuity that would have been
payable to the institution under section 75, from the date notified under sub-section
(1) of section 80, and the Government shall be entitled, subject to the provisions of
section 78, to the purchase price payable by the cultivating tenant and, in the case of
any holding, the right, title and interest in respect of which have not vested in the
Government on the said date, also the rent to which such institutions entitled from
the said date till its right, title and interest are vested in the Government:

Provided that nothing contained in this sub-section shall affect the power
of the Land Board to decide whether an institution is a religious, charitable or
educational institution of a public nature:

Provided further that nothing contained in this sub-section shall apply in

the case of an institution, which is found by the Land Board not to be a religious,
charitable or educational institution of as public nature.
 141

(2) An application from a religious, charitable or education institution of a

public nature for annuity pending or deemed to be pending on the date notified by
the Government under sub-section (1) of section 80 shall, on the date of publication
of the Mahe Land Reforms (Amendment) Act, 1980, in the Official Gazette, abate,
and where any such application has been made after the date of such publication,
that application shall abate on the date on which it is received by the Land Board.

(3) For the removal of doubts it is hereby clarified that the annuity payable
to a religious, charitable or education institution of a public nature whose
application abates under sub-section (2) shall be determined by the Land Tribunal
under section 80H and that section 74 will not apply for such determination.

(4) Notwithstanding anything contained in sections 73 to 77, a religious,

charitable or educational institution of public nature which has not expressed its
choice for annuity instead of purchase price before the date notified under sub-
section (1) of section 80 shall not be entitled to express such choice, and such
institution shall be entitled only to the compensation under section 80A.

Rent paid by cultivating tenant to be adjusted towards

purchase price and compensation in certain cases
80R. (1) Any amount paid by way of rent by the cultivating tenant in respect of
his holding to the landowner or any intermediary or the Government for the period
after the date of vesting of the right, title and interest of the landowner and the
intermediaries in respect of the holding in the Government under section 80 shall be
adjusted towards the purchase price payable by the cultivating tenant and such
amount received by the landowner or any intermediary shall be adjusted towards
the compensation payable to him under section 80J.

(2) Where consequent on the determination of the fair rent in respect of a

holding, the rent payable by the cultivating tenant to the landowner or any
intermediary has been reduced, the amount paid by the cultivating tenant in excess
of the rent so determined to the landowner or the intermediary for the period
commencing on the beginning of the agricultural year in which the cultivating
tenant filed the application for such determination and ending with the date of such
determination shall be adjusted towards the purchase price payable by the
cultivating tenant and such amount received by the landowner or any intermediary
shall be adjusted towards the compensation payable to him under section 80A.
 142

Applications under section 62 and proceedings relating thereto to

abate on the date notified under section 80
80S. (1) All applications under section 62 (other than those which have been
rejected and such rejection has become final) and all proceedings in connection
therewith, whether pending before the appellate authority or the High Court or the
Land Board, shall, if the certificates of purchase have not been issued under sub-
section (2) of section 67, abate with effect from the date notified under sub-section
(1) of section 80, and no party shall be liable to pay the cost of any other party in
any such proceedings.

(2) Where a certificate of purchase is issued under section 80M in respect of

any holding or part thereof to which an application referred to in sub-section (1)
relates, ---
(a) the right, title and interest of the landowner and intermediaries in
respect of such holding or part shall be deemed to have vested in the
cultivating tenant from the date of such application;
(b) any amount paid or deposited by the cultivating tenant by way of rent
after the date of such application shall be adjusted towards the purchase price
payable by him under section 80E;
(c) any such amount received or withdrawn by the landowner or any
intermediary shall be adjusted towards the compensation payable to him
under section 80J and if the amount of compensation payable under that
section is not sufficient, the balance shall be adjusted towards the
compensation payable to him under section 80K; and
(d) any purchase price deposited by the cultivating tenant shall be
adjusted towards the purchase price payable by him under section 80E.

Vesting of landlords’ right not to affect right to recover arrears of rent

80T. The vesting of the right, title and interest of a landowner or an

intermediary in respect of any holding or part of a holding in the cultivating tenant
under sub-section (2) of section 67 or in the Government under sub-section (9) of
section 74 or section 80 shall not affect the right of the landowner or the
intermediary to recover the arrears of rent due to him before the date of such
vesting, and any such arrears may be recovered as if such vesting had not taken
place, subject to the provisions of section 81.
 143

Special provisions regarding jenmikaram

80U. Where the right, title and interest of a kanam tenant in respect of any
holding or part of a holding have vested in a cultivating tenant, then, such
cultivating tenant shall be liable to pay the jenmikaram in respect of such holding or
part ---

(a) where such vesting is under sub-section (2) of section 67 or sub-section (2) of
section 80S, from the date on which such right, title and interest are deemed to have
vested in the cultivating tenant; and

(b) in other cases, from the date on which such right, title and interest have
vested in the Government,

and the kanam tenant shall have no liability to pay such jenmikaram.

(2) Where the Government have paid any jenmikaram for or during the
period commencing on the date on which the right, title and interest of the kanam
tenant have vested in the Government under section 80 and ending with the date on
which the certificate of purchase has been issued to the cultivating tenant, which
the cultivating tenant is laible to pay under sub-section (1), such amount of
jenmikaram may be recovered from the cultivating tenant as arrears of public
revenue due on land.

Liability for assessment after the date of vesting under section 80

80V. Notwithstanding anything contained in any law for the time being in force,
or in any contract, where the right, title and interest of the landowner and the
intermediaries, if any, in respect of a holding have vested in the Government under
section 80, the cultivating tenant of that holding shall be liable to pay the basic tax
payable in respect of that holding under the said Act and other taxes and cesses due
in respect of that holding.

Discharge of arrears of rent

81. (1) Notwithstanding anything to the contrary contained in any other law
for the time being in force, or in any contract, or in any judgment, decree or order
any court or tribunal, the landlord of a tenant specified in column (1) of the Table
below shall be entitled to recover towards arrears of rent accrued due before the 1 st
day of March, 1971 and outstanding at the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, only the amount specified in the corresponding
entry in column (2) of the Table:
 144

Provided that where an intermediary has collected rent from his tenant for
any period prior to the 1st day of March, 1971 and has not paid the rent payable by
him to his landlord for the period for which he has so collected, he shall also be
liable to pay the rent payable by him for such period to his landlord:

Provided further that, subject to the foregoing proviso, no intermediary

shall be liable to pay to his landlord anything in excess of what he is entitled to
receive under this sub-section.

TABLE

Class of tenant Amount of rent to be paid

for discharge
(1) (2)

Tenant possessing not more One year’s rent or the actual

than 5 acres of land in the amount in arrears, whichever is
aggregate, whether as owner, less
mortgagee, lessee or otherwise

Tenant possessing more Two years’ rent or the actual

than 5 acres but not more than amount in arrears, whichever
10 acres of land in the aggregate, is less
whether as owner, mortgagee,
lessee or otherwise

Tenant possessing more Three years’ rent or the actual

than 10 acres of land in the amount in arrears, whichever is
aggregate, whether as owner, less:
mortgagee, lessee or otherwise

Provided that where the tenant is in possession of more than fifteen acres
of land in the aggregate, whether as owner, mortgagee, lessee or otherwise, and the
landlord is a small holder, the tenant shall be liable to pay the actual amount in
arrears.
 145

Explanation. – For the purposes of this section, the rent for a year shall be
deemed to be an amount equal to the rent payable for the year immediately
preceding the commencement of the Mahe Land Reforms (Amendment) Act, 1980
and which was accrued due before such commencement.

(2) Where any suit, appeal, revision or application which involves a claim by a
landlord for arrears of rent accrued due prior to the 1st day of March, 1971, is
pending before any court or Land Tribunal, such court or Land Tribunal may, after
such enquiry as it deems fit, pass an order specifying ---

(a) the amount to which the landlord is entitled under sub-section (1);

(b) the costs, if any, awarded to the landlord in connection with the conduct of
the proceedings after the commencement of the Mahe Land Reforms (Amendment)
Act, 1980;

(c) the costs, if any, awarded to the tenant in connection with the conduct of
the proceedings after such commencement; and

(d) where such costs are awarded to the tenant, the amount due to the
landlord after deducting such costs.

(3) Where any decree or order has been passed in favour of a landlord
before the commencement of the Mahe Land Reforms (Amendment) Act, 1980, by
any court or Land Tribunal for the recovery of arrears of rent accrued due prior to
the 1st day of March, 1971, such decree or order shall be enforceable only to the
extent of the amount due to such landlord under sub-section (1); and to determine
such amount, any of the parties to the decree or order may apply to the court or the
Land Tribunal, as the case may be, which passed the decree or order, to amend such
decree or order in accordance with the provisions of sub-section (1).

(4) On receipt of an application under sub-section (3), the court or the Land
Tribunal, as the case may be, may, after such enquiry as it deems fit, reopen the
decree or order and pass an order containing the particulars specified in sub-section
(2).

(5) Any landlord who has not instituted a suit or applied under section 32
for recovery of arrears of rent accrued due prior to the 1 st day of March, 1971, before
the commencement of the Mahe Land Reforms (Amendment) Act, 1980, may apply
to the Land Tribunal under that section for recovery of the amount due to him
under sub-section (1) of this section.
 146

(6) Notwithstanding anything contained in section 32, on receipt of an

application referred to in sub-section (5), the Land Tribunal may, after such enquiry
as it deems fit, pass an order containing the particulars specified in sub-section (2).

(7) The tenant shall deposit the amount specified in an order under sub-
section (2) or sub-section (4) or sub-section (6) as due from him in the court or Land
Tribunal which passed the order within a period of six months from the date of the
order.

(8) If the tenant fails to deposit any amount as required by sub-section (7),
such amount shall, on a written requisition from the court or the Land Tribunal, as
the case may be, to the Collector, be recovered under the provisions of the
Puducherry Revenue Recovery Act, 1970, together with interest at the rate of six per
cent per annum from the date of the order under sub-section (2) or sub-section (4)
or sub-section (6), as the case may be.

(9) The assignment by a landlord of his right to receive arrears of rent to

any other person shall not affect the benefits conferred on a tenant under this
section.]
Prohibition of future tenancies
82. (1) After the commencement of this Act, no tenancy shall be created in
respect of any land.

*[omitted]

(2) Any tenancy created in contravention of the provisions of sub-section

(1) shall be invalid.
Kudikidappukaran to have fixity
83. *[ (1) No Kudikidappukaran shall be liable to be evicted from his
kudikidappu except on the following grounds, namely : ---

(i) that he has alienated his right of kudikidappu to a person other than ---
(a) a member of his family; or
(b) a person who has no other homestead or any land in possession, either
as owner or as tenant, on which he could erect a homestead and whose annual
income does not exceed two thousand rupees;
(ii) that he has rented or leased out his entire kudikidappu to another person
for a period of not less than two years;

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 147

(iii) that he has ceased to reside in the kudikidappu continuously for a period
of two years; or
(iv) that he has another kudikidappu or has obtained ownership and
possession of land which is fit for erecting a homestead.
Provided that the kudikidappu shall not be liable to be evicted on the
ground mentioned in clause (iv) if the extent of the land over which he has obtained
ownership and possession is not more than five cents:
Provided further that a kudikidappukaran shall be liable to be evicted, if he
has obtained ownership and possession of land where the extent of such land
exceeds twenty-five cents.
Explanation I. – For the purposes of this sub-section, ‘member of family’
shall mean, in the case of a joint family, any member of such family, and in other
cases, wife or husband, as the case may be, and any of their lineal descendants.

Explanation II. – For the purpose of this sub-section, a kudikidappukaran

shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the
fact that he was not actually residing therein, if any of his near relatives who was
residing with him in the kudikidappu continues to reside in the kudikidappu; and
in such a case, the near relative who continues to reside in the kudikidappu shall be
liable for the rent payable by the kudikidappukaran; and “near relative” shall mean
husband or wife, children, grandchildren, father, mother, brother, sister or children
of brother or sister.]

(2) Notwithstanding anything contained in sub-section (1), the person in

possession of the land on which there is a homestead or hut (hereinafter in this sub-
section referred to as the landholder) in the occupation of a kudikidappukaran may,
if he bonafide requires the land—

*[(a) for constructing a building for his own residence or for the residence of
any member of his family including major sons and daughters; or ]
(b) for purposes in connection with a town planning scheme approved by
the competent authority; or
(c) for any industrial purpose, require the kudikidappukaran to shift to a
new site belonging to him, subject to the following conditions, namely: -
(i) the landlord shall pay to the kudikidappukkaran the price of the
homestead, if any erected by the kudikidappukaran;
(ii) the new site shall be fit for erecting a homestead and shall be within a
distance of one mile form the existing kudikidappu;

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 148

*[(iii) the extent of new site shall be the extent of the existing kudikidappu,
subject to a minimum of five cents;]

(iv) the landlord shall transfer ownership and possession of the new site to the
kudikidappukaran and shall pay to him the reasonable cost of shifting the
kudikidappu to the new site.

*[(3) Notwithstanding anything contained in sub-sections (1) and (2), where

the total extent of land held by a person, either as owner or as tenant, is less than
one acre and there is a kudikidappu for constructing a building for his own
residence, apply to the Government for the acquisition of land to which the
kudikidappu may be shifted:

Provided that, after the expiry of a period of two years from the
commencement of the Mahe Land Reforms (Amendment) Act, 1980, an application
shall not be made under this sub-section except with the consent of the
kudikidappukaran.

Explanation. – For the purposes of this sub-section, ---

(a) the total extent of land held by a person shall be computed as on the 24 th
day of January, 1971;
(b) in calculating the total extent of land held by a person who is a member
of a family, the extent of the land held by any member of his family or jointly by
some or all of the members of such family shall also be taken into consideration.
(3A) In an application under sub-section (3), the applicant shall offer to
deposit, whenever called for, eighty-seven and a half per cent of the amount of
compensation payable for acquisition of land equal to the extent of the existing
kudikidappu subject to a minimum of five cents.
(3B) An officer authorised by the Government in this behalf may, after
collecting the amount referred to in sub-section (3A) from the applicant acquire the
necessary land under the Land Acquisition Act, 1894, give possession of the land to
the kudikidappukaran and require him to shift to the said land, and thereupon the
kudikidappukaran shall be bound to shift to the new site.

(3C) Where the kudikidappukaran does not shift to the land acquired in
pursuance of sub-section (3B) within a period of one month from the date of service
on him of the requisition under that sub-section, the officer referred to in that sub-
section shall cause him to be evicted from the existing kudikidappu.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 149

(3D) The kudikidappukaran shall be entitled before he shifts as required

under sub-section (3B) to receive from the person in possession of the land on
which his kudikidappu is situate the expenses as determined by the officer referred
to in that sub-section to be reasonably required to shift to the new site.

(3E) Where the kudikidappukaran shifts as required under sub-section

(3B), or is evicted under sub-section (3C), he shall be entitled to the ownership and
possession of the land to which he shifts or is bound to shift, as the case may be,
and also to the registry of such land in his name.

(3F) Twelve and a half per cent of the amount of compensation payable for
the acquisition under sub-section (3B) shall be met from the Kudikidappukars
Benefit Fund constituted under section 118A.

(4) Where the person in possession of the land in which there is a

kudikidappu considers that the kudikidappu is so located as to cause inconvenience
to him, he may require the kudikidappukaran to shift to another part of land which
is fit for the location of the kudikidappu:

Provided that the kudikidappukaran shall have the right to opt for the
portion to which the kudikidappumay be shifted:

Provided further that the kudikidappukaran shall not be entitled to opt for
any portion which is not adjoining the boundaries of the land, except with the
consent of the person in possession of the land:

Provided also that if the kudikidappukaran refuses to opt, he shall be

bound to shift to the portion to which he is required to shift by the person in
possession of the land:

Provided also that the person in possession of the land shall transfer to the
kudikidappukaran his rights over the land to which the kudikidappu is to be
shifted, which shall be equal to the extent of the existing kudikidappu subject to a
minimum of five cents and pay the price of the homestead, if any, erected by the
kudikidappukaran and the cost of shifting the kudikidappu.]

(5) Where the owner of the land in which there is a kudikidappu considers
that the kudikidappu is so located as to cause inconvenience to him, he may require
the kudikidappukaran to shift to another part of the land:

Provided that the site to which the kudikidappu is required to be shifted is

fit for the location of the kudikidappu.
 150

Provided further that the owner of the land shall transfer to the
kudikidappukaran ownership and possession of the land equal to the extent of the
existing kudikidappu, subject to a minimum of three cents and a maximum of ten
cents and pay the price of the homestead if any erected by the kudikidappukaran
and the cost of shifting the kudikidappu.

Rent payable by kudikidappukaran

84. (1) All arrears of rent, if any, payable, by a kudikidappukaran on the date
of the commencement of *[the Mahe Land Reforms (Amendment) Act, 1980]
whether the same be payable under any law, custom or contract or under a decree
or order of court, shall be deemed to be fully discharged if he pays one year’s rent
or the actual amount in arrears, whichever is less.

(2) On and after the commencement of this Act, notwithstanding any

contract, decree or order of court, a kudikidappukaran shall not be required to pay
more than six rupees yearly as rent in respect of his kudikidappu.

Provided that a kudikidappukaran who was not liable to pay any rent in
respect of his kudikidappu immediately before the commencement of this Act shall
not be liable to pay any rent; nor shall a kudikidappukaran be liable to pay any rent
in excess of that which he was paying before the commencement of this Act.
Procedure to enforce shifting of kudikidappu in certain cases

*[85. (1) If the kudikidappukaran does not comply with the requisition made
under sub-section (2) or sub-section (4) of section 83 by the person in possession of
the land to shift to a new site, such person may apply to the Land Tribunal having
jurisdiction to entertain an application under section 88B in respect of the
kudikidappu to be shifted, to enforce compliance with such requisition:

Provided that no application under this sub-section shall be made without

giving the kudikidappukaran one month’s notice by registered post:

Provided further that the Land Tribunal shall not entertain any application
under this sub-section in respect of a kudikidappu, if an order under sub-section (3)
of section 88B allowing an application for the purchase of that kudikidappu has
been passed and such order is in force.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 151

(2) The Land Tribunal, after such inquiry as it deems fit, and on being
satisfied that the applicant has complied with all the conditions mentioned in sub-
section (2) or sub-section (4), as the case may be, of section 83, may pass an order
requiring the kudikidappukaran to shift the kudikidappu before such date as may
be specified in the order.

(3) If the kudikidappukaran does not shift the kudikidappu before the date
specified in the order under sub-section (2), the Land Tribunal shall cause the
kudikidappukaran to be evicted from the kudikidappu].

Right of kudikidappukaran to be heritable but not alienable

except in certain cases

*[86. The rights of a kudikidappukaran in his kudikidappu shall be heritable but

not alienable expect to any person mentioned in sub-clause (a) or sub-clause (b) of
clause (i) of sub-section (1) of section 83.]

Right of kudikidappukaran to maintain, repair, etc., homestead or hut

87. The kudikidappukaran shall have the right to maintain, repair and
reconstruct with the same or different materials, but *[without increasing by more
than fifty per cent of the plinth area, as existing at the commencement of the Mahe
Land Reforms (Amendment) Act, 1980,] the hut belonging to the person who
permitted occupation by the kudikidappukaran, or the homestead at his own cost.

*[ Explanation. – In this section and in section 87A “homestead” includes a

dwelling house occupied by a person who is deemed to be a kudikidappukaran
under Explanation II to clause (24) of section 2.]

Customary and other rights of kudikidappukaran

*[ 87A.(1) Notwithstanding anything contained in any law, or in any contract or in
any judgment, decree or order of court, the kudikidappukaran shall be entitled to
all rights accrued to him by custom, usage or agreement and which he was enjoying
immediately before the commencement of this Act.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 152

(2) Notwithstanding anything contained in any law, or in any judgment,

decree or order of court but without prejudice to any rights to which a
kudikidappukaran may be entitled under any other law for the time being in force
or under any custom, usage or contract, a kudikidappukaran shall in respect of his
kudikidappuhave all the rights and privileges conferred on the owner of a land
under the Indian Easements Act, 1882, (Central Act 5 of 1882) as if the
kudikidappukaran were the owner of his kudikidappu from the date on which the
hut or homestead, as the case may be, was occupied or erected.

(3) Notwithstanding anything contained in any law, or in any judgment,

decree or order of court, or in any contract, it shall not be necessary to obtain the
consent of the owner or occupier or both of the land in which a kudikidappu is
situate, to lay down or place any electric supply line or other work on, over or
under such land for the purpose of supply of electrical energy to the kudikidappu
for domestic consumption and use.

(4) Notwithstanding anything contained in any law, or in any judgment,

decree or order of court, or in any contract, it shall not be necessary to obtain the
consent of the owner or occupier of both of the land in which a kudikidappu is
situate to lay down any pipe or to carry out any other work on, over or under such
land for the purpose of supply of water to the kudikidappu for domestic
consumption and use.

Explanation. – For the purposes of this section, enjoyment of any benefit or

concession for a continuous period of three years immediately preceding the
commencement of this Act shall be deemed to be enjoyment of a right accrued to
the kudikidappukaran by custom, usage or agreement.]

Register of kudikidappukars
88. (1) The Government shall cause a register to kudikidappukars to be
prepared and maintained in each village.

(2) The register shall show:-

(a) the description of the land in which the kudikidappu is situate;
(b) the location of the kudikidappu and its extent;
(c) the name of the landowner and of the person in possession of the land in
which the kudikidappu is situate;
(d) the name and address of the kudikidappukaran;
*[(dd) the rights referred to in section 87A;]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 153

(e) such other particulars as may be prescribed.

*[(3) Subject to such rules as may be made by the Government in this behalf,
the Deputy Tahsildar shall prepare a register of kudikidappukars.
(4) The register shall be maintained by the Deputy Tahsildar in such manner
as may be prescribed.
(5) Any person aggrieved by the registration of a kudikidappukaran under
sub-section (3) or the refusal to register a person claiming to be a kudikidappukaran
may, within ninety days from the date of registration or refusal, as the case may be,
appeal to the Deputy Collector (Revenue), Mahe.
(6) On receipt of an appeal under subsection (5), the Deputy Collector
(Revenue), Mahe, may call for the record of any proceeding in which the Deputy
Tahsildar has passed any order under this section and may make such enquiry or
cause such enquiry to be made and may pass such orders thereon as he thinks fit:

Provided that no order prejudicial to any person shall be passed without

giving him an opportunity of being heard.]

Right of kudiyiruppukaran to purchase his kudikidappu

*[ 88A. (1) Notwithstanding anything to the contrary contained in any law for the
time being in force, a kudikidappukaran shall, subject to the provisions of this
section, have the right to purchase the kudikidappuoccupied by him and lands
adjoining thereto.

(2) Notwithstanding anything contained in sub-section (1), where the total

extent of land held by the person in possession of the land in which the
kudikidappuis situate, either as owner or as tenant is less than one acre, the
kudikidappukaran shall be entitled to purchase his kudikidappu and lands
adjoining thereto only in cases where the person in possession of the land in which
the kudikidappu is situate does not apply to the Government under sub-section (3)
of section 83 for the acquisition of the land to which the kudikidappu may be
shifted, within a period of two years from the commencement of the Mahe Land
Reforms (Amendment) Act, 1980:

Provided that in a case where the person in possession of the land has
applied under sub-section (3) of section 83, the kudikidappukaran shall be entitled
to purchase his kudikidappuand lands adjoining thereto if such application by the
person in possession of the land is rejected or if such person fails to pay the
expenses for shifting the kudikidappu as required by sub-section (3D) of section 83.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 154

(3) The extent of land which the kudikidappukaran is entitled to purchase

under this section shall be five cents:

Provided that where the land available for purchase is the land in which the
kudikidappu is situate, or the land in which the kudikidappu is situate is less than
the extent specified in this sub-section, the kudikidappukaran shall be entitled to
purchase only the land available for purchase or, as the case may be, the land in
which the kudikidappu is situate.

(4) Notwithstanding anything contained in sub-section (3), where in the lands

held by a person, either as owner or as tenant, there are more kudikidappukars than
one, the maximum extent of land which is liable to be purchased under this section
shall be, ---

(a) where such person holds less than one acre of land, five cents;

(b) where such person holds one acre or more, but less than two acres, of
land, ten cents;

(c) where such person holds two acres or more, but less than three acres, of
land, fifteen cents;

(d) where such persons holds three acres or more, but less than four acres,
of land, twenty cents;

(e) where such person holds four acres or more, but less than five acres, of
land, twenty-five cents:
Provided that the extent of land which a kudikidappukaran shall be
entitled to purchase shall, in no case, exceed the extent specified in sub-section (3):
Provided further that if in any case falling under clause (b) or clause (c) or
clause (d) or clause (e), the extent specified in that clause is not sufficient for the
purchase of an extent of five cents of land by each kudikidappukaran, the extent of
land which is liable to be purchased under this section shall be the extent required
for purchase of five cents by each kudikidappukaran:

Provided also that where any person in possession of any land in which
there is a kudikidappu or more than one kudikidappu, has voluntarily transferred
such land on or after the 24th day of January, 1971 and before the commencement of
the Mahe Land Reforms (Amendment) Act, 1980 or voluntarily transfers such land
on or after such commencement, the kudikidappukaran or each of the
kudikidappukars shall be entitled to purchase such extent of land as he would have
been entitled to purchase such extent of land as he would have been entitled to
purchase if such transfer had not taken place.
 155

(5) Where any person holds five acres or more of land, either as owner or as
tenant, and there are more kudikidappukars than one in the lands held by him,
each of the kudikidappukars shall be entitled to purchase the extent of land
specified in sub-section (3).

(6) No kudikidappukaran shall be entitled to purchase any land which is

not in the lawful possession of the person who holds the land in which the
kudikidappuis situate or which is not within the boundaries of such land.

(7) The purchase price payable by a kudikidappukaran in consideration of

the purchase allowed under this section shall be twenty-five per cent of the market
value of the land purchased and the improvements thereon, other than the
improvements, if any, belonging to the kudikidappukaran:

Provided that where the person in possession of the land in which the
kudikidappu is situate or, where he is a member of a family, such family, holds
lands in excess of the ceiling area, the purchase price payable by the
kudikidappukaran shall be one-half of the purchase price payable under this sub-
section.
Explanation. – The provisions of section 92 shall, so far, as may be, apply to
the calculation of the ceiling area for the purposes of the foregoing proviso, and if
no date has been notified under section 93, the date of the application under sub-
section (1) of section 88B shall be deemed to be the date notified under section 93.

(8) One-half of the purchase price payable by the kudikidappukaran shall be met
from the Kudikidappukars Benefit Fund constituted under section 118A and one-
half of such price shall be paid by the kudikidappukaran in twelve equal annual
instalments:

Provided that it shall be open to the kudikidappukaran to deposit with the

Land Tribunal his share of the purchase rice in a lump within the period specified
in sub-section (1) of section 88C.

(9) Notwithstanding anything contained in sub-sections (7) and (8) the

kudikidappukaran shall not be liable to pay his share of the purchase price in cases
where the person in possession of the land in which the kudikidappus situate or,
where the person in possession of the land is holding such land under a landlord or
more than one landlord and the right, title and interest of such landlord or
landlords have not vested in the Government under section 80, the person in
possession of suchland and such landlord or landlords agrees or agree in writing
that the kudikidappukaran need not pay his share of the purchase price.
 156

(10) Where the kudikidappukarn applies under sub-section (1) of section 88B
for purchase of his kudikidappu, and the Land Tribunal, on application, within
such time as may be prescribed, by the person in possession of the land in which
the kudikidappu is situate is satisfied that the portion to be purchased is so located
as to cause inconvenience to him, the Land Tribunal may require the
kudikidappukaran to purchase another portion of that land:

Provided that the kudikidappukaran shall have the right to opt for the
portion to be purchased by him:

Provided further that the kudikidappukaran shall not be entitled to opt for
any portion which is not adjoining the boundaries of the land, except with the
consent of the person in possession of the land:

Provided also that if the kudikidappukaran purchases another portion of

the land, the person in possession of the land shall be liable to pay the price of the
homestead, if any, erected by the kudikidappukaran and the cost of shifting the
kudikidappu to such portion.

(11) If any kudikidappukaran refuses to opt under sub-section (9), his

application under sub-section (1) of section 88B shall be dismissed.

(12) Notwithstanding anything contained in sub-sections (4) and (5), where

there are more kudikidappukars than one and the extent of the land which the
kudikidappukars are entitled to purchase, or the extent of the land in which the
kudikidappus are situate, is less than the multiple of the number of
kudikidappukars and the extent which each kudikidappukaran is entitled to
purchase under this section, the land available for purchase, or the land in which
the kudikidappus are situate, as the case may be, shall, in the absence of any
agreement among the kudikidappukars, be apportioned in equal shares, as far as
practicable, for purchase by the kudikidappukars.

(13) For the purposes of this section, ----

(a) the extent of land held by a person shall be the total extent of land
held by such person, either as owner or as tenant, on the 24 th day of January, 1971;

(b) in calculating the extent of land held by a person who is a member of

a family and the number of kudikidappukars in the lands held by such person, the
extent of the land held individually by any member of his family or jointly be some
or all of the members of such family, and the number of kudikidappukars thereon
shall also be taken into consideration;
 157

(c) in deciding the extent of land available for purchase by the

kudikidappukaran or kudikidappukars, ----
(i) any voluntary transfer effected, or any boundaries put up or any
building or other structures erected, after the 24th day of January, 1971, shall not be
taken into account;
(ii) the sites of the buildings and other structures situate on the land
shall be excluded.
Procedure for purchase by kudikidappukaran

88B. (1) A kudikidappukaran entitled under section 88A to purchase the

kudikidappu occupied by him and lands adjoining thereto may apply to the Land
Tribunal for such purchase.

(2) An application under sub-section (1) shall be in such form and shall
contain such particulars as may be prescribed.

(3) The Land Tribunal shall, after giving notice to the kudikidappukars in
the land in which the kudikidappu is situate and other persons interested in the
land and after such enquiry as may be prescribed, pass such orders on the
application as it thinks fit:

Provided that where an application under sub-section (1) of section 85 in

respect of the kudikidappu is pending, the Land Tribunal shall not pass any order
under this sub-section before the disposal of that application.

(4) An order under sub-section (3) allowing an application shall specify --

(i) the extent of land which the kudikidappukaran is entitled to purchase;

(ii) the purchase price payable in respect of the land allowed to be purchased
by the kudikidappukaran;
(iii) the amounts due to the person in possession of the land in which the
kudikidappu is situate and other persons interested in the land;
(iv) the value of encumbrances subsisting or claims for maintenance or
alimony charge on the land allowed to be purchased by the kudikidappukaran;
(v) the amount payable to the holder of the encumbrance or the person
entitled to the maintenance or alimony and the order of priority in which such
amount is payable;
(vi) such other particulars as may be prescribed.
 158

(5) If the person in possession of the land in which the kudikidappu is situate
or the landowner or the intermediary, if any, of the land is liable to pay any amount
to the kudikidappukaran towards the price of the homestead or the cost of shifting
the kudikidappu, the Land Tribunal shall, in passing orders on the applications for
purchase, set off such amount against the purchase price payable to such person.

(6) Where the right, title and interest of the person in possession of the land
in which the kudikidappu is situate or any other person interested in the land form
part of the security for any encumbrance or charge for maintenance or alimony, the
Land Tribunal shall, for the purpose of determining the value of the encumbrance
or the charge for the maintenance or alimony relating to the portion in respect of
which purchase is allowed, apportion the entire encumbrance or charge for the
maintenance or alimony between the land in which the kudikidappu is situate and
the portion allowed to be purchased in proportion to the values of the two portions.

(7) Where the person in possession of the land in which the kudikidappu is
situate is a tenant, the purchase price payable in respect of the land to be purchased
shall be apportioned among the landowner, the intermediaries, if any, and the
tenant in possession of the land in proportion to the profits derivable by them from
the holding.

Explanation. -- “Profits derivable from the land” shall be deemed to be equal

to,---
(i) in the case of a landowner, the rent which he was entitled to get from
the tenant holding immediately under him;
(ii) in the case of an intermediary, the difference between the rent which he
was entitled to get from his tenant and the rent for which he was liable to his
landlord; and
(iii) in the case of the tenant in possession, the difference between the net
income and the rent payable by him, and the rent payable by such tenant and the
intermediary for the purposes of this Explanation shall be as calculated under the
provisions of this Act.

Deposit of purchase price and issue of certificate of purchase

88C. (1) Where the kudikidappukaran is liable to pay his share of the purchase
price, he shall deposit the first instalment thereof with the Land Tribunal within a
period of six months from the date on which the order of the Land Tribunal under
sub-section (3) of section 88B has become final or within such further period not
exceeding six months as may be allowed by the Land Tribunal for reasons to be
recorded.
 159

(2) As soon as may be after the order of the Land Tribunal under sub-
section (3) of section 88B has become final, the Land Tribunal shall issue a certificate
of purchase in such form and containing such particulars as may be prescribed, and
thereupon the right, title and interest of the landowner, the intermediaries, if any,
and the person in possession where he is not the landowner, in respect of the land
allowed to be purchased, shall vest in the kudikidappukaran free from all
encumbrances with effect from the date on which the order of the Land Tribunal
under the said sub-section (3) has become final.
(3) After the issue of the certificate of purchase in respect of any land under
sub-section (2), the Land Tribunal may, on application by the kudikidappukaran,
put him in possession of that land, if need be, by removing any person who refuses
to vacate the same.

(4) Where the certificate of purchase issued to the kudikidappukaran is in

respect of another portion of the land and the kudikidappukaran does not vacate
the existing kudikidappu within a reasonable time after the issue of such certificate,
the Land Tribunal shall cause him to be evicted from the existing kudikidappu.

(5) The instalments of the purchase price shall be deposited in the

Government treasury in the prescribed manner to the credit of the Land Tribunal.

(6) The instalments of the purchase price payable by the

kudikidappukaran, if not deposited on the due date, shall be a first charge on the
land to which the purchase relates and shall be recoverable together with interest as
provided in section 88D under the provisions of the Puducherry Revenue Recovery
Act, 1970 (Act No.14 of 1970).

Interest on defaulted instalments of purchase price

88D. If any instalment of the purchase price payable by the kudikidappukaran is

not deposited on the due date, the amount of such instalment shall bear interest at
the rate of four and a half per cent per annum form that date till the date of the
deposit of that instalment.
 160

Payment of purchase price, amount of encumbrance,

maintenance or alimony

88E. (1) The purchase price payable by the kudikidappukaran shall be

distributed by the Land Tribunal according to the provisions of sub-sections (2) to
(8).

(2) Where the right, title and interest of the landowner and the
intermediaries, if any, and the person in possession, of the land in which the
kudikidappu is situate were subject to any encumbrance or charge for maintenance
or alimony, the purchase price shall be paid to the person in possession of the land
or apportioned among the landowner, the intermediaries, if any, and the person in
possession of the land in accordance with the order of the Land Tribunal under sub-
section (3) of section 88B.

(3) Where the right, title and interest of the landowner and the
intermediaries, if any, or the person in possession, of the land in which the
kudikidappu is situate were subject to any encumbrance or charge for maintenance
or alimony, the value of such encumbrance, maintenance or alimony shall be
deducted from the purchase price payable to the landowner, the intermediaries or
the person in possession, as the case may be, and the balance amount shall be paid
to the landowner or the intermediaries or the person in possession, as the case may
be.

(4) If the total amount of such encumbrance, maintenance or alimony is

equal to or more than the amount of the compensation payable to the landowner or
the intermediary or the person in possession, as the case may be, the whole amount
shall be reserved for payment to the holder of the encumbrance or the person
entitled to the maintenance or alimony, and no amount shall be paid to the
landowner or the intermediary or the person in possession, as the case may be.

(5) Where any amount ahs been deducted or reserved for payment to the
holders of encumbrances or the persons entitled to the maintenance or alimony, the
same shall be paid in their order of priority to the persons entitled thereto.

(6) Where a person entitled to the purchase price or the value of the
encumbrance, maintenance or alimony dies before it is paid to him, it shall be paid
to his legal representatives.
 161

(7) Where the person entitled to receive the purchase price or the value of
encumbrance is a private trust or endowment or a minor or a person suffering from
legal disability or a limited owner, the purchase price or the value of encumbrance
may, notwithstanding anything contained in any law, but subject to any general
directions that the Government may give, be deposited for and on behalf of such
person with such authority or bank as may be prescribed.

(8) Where before any court or authority any suit or proceeding is pending
which directly or indirectly affects or is likely to affect the right of any person to
receive the whole or part of the purchase price or the amount of encumbrance or
maintenance or alimony payable under this section, the court or authority may
require the Land Tribunal to place at its disposal the amount so payable, and
thereupon the same shall be disposed of in accordance with the orders of the court
or authority.

Payment of purchase price to landowner etc., to be full discharge

88F. The payment of purchase price or the value of encumbrance, maintenance

or alimony to the landowner, the intermediaries, if any, and the person in
possession, of the land in which the kudikidappu is situate and other persons
entitled thereto in the manner specified in section 88E shall be a full discharge of the
liability for the payment of purchase price to the landowner, the intermediaries, if
any, and the person in possession, of the land in which the kudikidappu is situate,
and no further claims for payment of purchase price shall lie.

Contribution towards purchase price

88G. (1) The amount to be met from the kudikidappukars Benefit Fund under
sub-section (8) of section 88A shall be made available to the Land Tribunal in
twelve equal annual instalments for payment to the persons entitled thereto:

Provided that except in cases where the kudikidappukaran is not liable to

pay his share of the purchase price or where no purchase price is due from the
kudikidappukaran after set off as provided in sub-section (5) of section 88B, the first
instalment shall not be made available to the Land Tribunal before the deposit of
the first instalment of the purchase price due from the kudikidappukaran or, where
the purchase price due from the kudikidappukaran is deposited in a lump sum,
before the deposit of such lump sum.

(2) The Land Tribunal shall pay the amount of each instalment made
available to it under sub-section (1) to the persons entitled thereto on such date and
in such manner as may be prescribed.]
 162

Prevention of eviction of scheduled cases

89. Notwithstanding anything to the contrary contained in this Act or in any

other law or in any contract, custom or usage, or in any judgment, decree or order
of court, no person shall evict or attempt to evict a cultivating tenant or holder of a
kudiyiruppu or kudikidappukaran, from his holding, kudiyiruppu or kudikidappu
if such tenant or holder is a member of any Scheduled Caste:

Provided that nothing in this section shall apply to ---

(i) lands or buildings or both belonging to or vested in the Government of
the Union territory of Puducherry, the Government of India, the Government of
any State in India, a local authority, or a Corporation owned or controlled by any of
the said Government or authority; or
(ii) Any lease of land or building or both granted by the Administrator-
General, Official Trustee or Official Receiver.

Stay of suits or other proceedings for eviction

90. Where, in any suit or other proceeding for the eviction of a cultivating
tenant, a holder of a kudiyiruppu or a kudikidappukaran, from his holding
kudiyiruppu or kudikidappu, as the case may be, whether pending at the
commencement of this Act or instituted after such commencement, the cultivating
tenant, or the holder of a kudiyiruppu or the kudikidappukaran, makes a
representation to the court in which such suit or other proceeding is pending or
instituted that no record of rights in respect of the holding or register of
kudikidappukars in respect of the village in which the kudikidappu is situate, as
the case may be, has been prepared, the court shall not proceed with the suit or
proceeding until the record of rights in respect of the holding or the register of
kudikidappukars, as the case may be, is prepared and made available to it and the
court shall also by order direct the officer specified under sub-section (3) of section
35, to prepare a record of rights in respect of the holding, or, as the case may be, a
register of kudikidappukars and to file the same in court, and such officer shall
cause the same to be prepared in the manner prescribed.
 163

CHAPTER - III

RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND

IN EXCESS OF CEILING AREA AND DISPOSAL OF EXCESS LANDS

Exemptions
91. (1) The provisions of this Chapter shall not apply to ---
(a) lands owned or vested in the Government of the Union territory of
Puducherry, the Government of India, the Government of any State in India, a local
authority, or any other authority which the Government may, in public interest,
exempt, by notification in the Official Gazette, from the provisions of this Chapter.
*[Provided that the exemption under this clause shall not apply to lands
owned by the Government and held by any person under lease whether current or
time expired or otherwise.

Explanation I. – For the purposes of this clause, lands escheated to the

Government and held by tenant entitled to fixity of tenure under section 8 shall not
be deemed to be lands owned by the Government of the Union territory of
Puducherry.

Explanation II. – Lands, the right, title and interest in respect of which
have vested in the Government under sub-section (9) of section 74 or under section
80 shall not be deemed to be lands owned by the Government of the Union territory
of Puducherry.

Explanation III. - For the purposes of this clause ‘other authority’ shall
include a corporation owned or controlled by the Government of the Union
territory of Puducherry or the Government of any State or the Central
Government.]

(b) lands taken under the management of the court of wards:

Provided that the exemption under this clause shall cease to apply at the
end of three years from the commencement of this act;

(c) lands comprised in mills, factories or workshops and which are necessary
for the use of such mills, factories or workshops;
(d) *[omitted]
(e) *[omitted]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 164

(f) lands mortgaged to the Government, or to a co-operative society (including

a co-operative land mortgage bank) registered or deemed to be registered under the
Co-operative Societies Act for the time being in force, as security for any loan
advanced by the Government or by such society; so long as the mortgage subsists:
Provided that the exemption under this clause shall cease to apply at the
end of three years from the commencement of this Act;
*[(g) lands purchased by a Co-operative Land Mortgage Bank or by the
Puducherry State Co-operative Bank or by a Primary Agricultural Credit Co-
operative Society under the law for the time being in force relating to such Bank or
Society, or by a scheduled bank as defined in the Reserve Bank of India Act, 1934 so
long as such lands continued in the possession of the Bank or the Society, as the
case may be]

(h) lands belonging to or held by an industrial or commercial undertaking at

the commencement of this Act, and set apart for use for the industrial or
commercial purpose of the undertaking:

Provided that the exemption under this clause shall cease to apply if such
land is not actually used for the purpose for which it has been set apart, within such
time as the Collector may, by notice to the undertaking, specify in that behalf;

*[(i) house sites, that is to say, sites occupied by dwelling houses and lands,
wells, tanks and other structures necessary for the convenient enjoyment of the
dwelling houses.

Explanation. – For the avoidance of doubt, it is hereby declared that a

compound wall shall not be deemed to be a structure necessary for the convenient
enjoyment of a dwelling house, if the land on which the dwelling house is situated
and enclosed by the compound wall is more than the land necessary for the
convenient enjoyment of the dwelling house].

(j) *[omitted]
(k) sites of temples, churches, mosques and cemeteries and burial and burning
grounds;
(l) sites of buildings including warehouses;
(m) commercial sites;
(n) lands occupied by educational institutions including land necessary for the
convenient use of the institutions and playgrounds attached to such institutions:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 165

(o) land owned or held by ---

(i) a University established by law; or
(ii) a religious, charitable or educational institution of a public nature; or
(iii) a public trust (which expression shall include a wakf);

Provided that ---

(i) the entire income of such lands is appropriated for the University,
institution or trust concerned; and
(ii) where the University, institution or trust comes to hold the said lands
after the commencement of this Act, the Government have certified previously that
such lands are bona fide required for the purposes of the University, institution or
trust, as the case may be; and

(p) *[omitted]

(2) *[omitted]

(3) *[The Government may, if they are satisfied that it is necessary to do so in

the public interest ---

(a) on account of any special use to which any land is put; or

(b) on account of any land being bona fide required for the purpose of
conversion into plantation or for the extension or preservation of an existing
plantation or for any commercial, industrial, educational or charitable purpose, by
notification in the Official Gazette, exempt such land form the provisions of this
Chapter subject to such restrictions and conditions as they may deem fit to impose:
Provided that the land referred to in clause (b) shall be used for the
purpose for which it is intended within such time as the Government may specify
in that behalf and where the land is not so used within the time specified, the
exemption shall cease to be in force].

Ceiling area
92. *[ (1) The ceiling area of land shall be, ---

(a) in the case of an adult unmarried person or a family consisting of a sole

surviving member, five standard acres, so however that the ceiling area shall not be
less than six and more than seven and a half acres in extent;

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 166

(b) in the case of a family consisting of two or more, but not more than five
members, ten standard acres, so however that the ceiling area shall not be less than
twelve and more than fifteen acres in extent;
(c) in the case of a family consisting of more than five members, ten standard
acres increased by one standard acre for each member in excess of five, so however
that the ceiling area shall not be less than twelve and more than twenty acres in
extent; and
(d) in the case of any other person, other than a joint family, ten standard
acres, so however that the ceiling area shall not be less than twelve and more than
fifteen acres in extent.]

(2) For the purposes of this Chapter, all the lands owned or held
individually by the members of a family or jointly by some or all of the members of
such family shall be deemed to be owned or held by the family.

*[(3) In calculating the extent of land owned or held by a family or an adult

unmarried person, the shares of the members of the family or the adult unmarried
person, as the case may be, in the lands owned or held –

(a) by one or more of such members jointly with any person or

persons other than a member or members of such family or by such adult
unmarried person jointly with any other person or persons; or
(b) by a co-operative society or a joint family,

shall be taken into account.

Explanation. --- For the purposes of this sub-section, the share of a member
of a family or an adult unmarried person in the lands owned or held jointly or by a
co-operative society or a joint family shall be deemed to be the extent of land which
would be allotted to such member or person had such lands been divided or
partitioned, as the case may be, on the date notified under section 93.

(4) Where, after the commencement of this Act, any class of land specified
in Schedule I has been converted into any other class of land specified in that
Schedule, the extent of land liable to be surrendered by a person owning or holding
such land shall be determined without taking into consideration such conversion.]
(5) The lands owned or held by a private trust or a private institution shall
be deemed to be lands owned or held by the person creating the trust or
establishing the institution, or, if he is not alive, by his successors in interest.
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 167

(6) In computing the ceiling area, lands exempted under section 91 shall be
excluded.

Explanation I. --- For the purposes of this section, where a person has two or
more legally wedded wives living, the husband, one of the wives named by him for
the purpose and their unmarried minor children shall be deemed to be one family;
and the other wife or each of the other wives and her unmarried minor children
shall be deemed to be a separate family.

Explanation II. – For the purposes of this section, an adult unmarried person
shall include a divorced husband or divorced wife who has not remarried:

Provided that if such divorced husband or divorced wife is the guardian of

any unmarried minor child, he or she together with such unmarried child shall be
deemed to be a family.

No person to hold land in excess of the ceiling area

+[93. With effect from such date as may be notified by the Government in the
Official Gazette, no person shall be entitled to own or hold or to possess under a
mortgage lands in the aggregate in excess of the ceiling area.]

Certain voluntary transfers to be null and void

94.*[(1)] Notwithstanding anything contained in any law for the time being in
force, all voluntary transfers effected after the date of publication of the Mahe Land
Reforms Bill, 1968, in the Official Gazette, otherwise than ---
(i) by way of partition; or
(ii) *[omitted]
(iii) in favour of a person who was a tenant of the holding before the date
aforesaid and continued to be so till the date of transfer;

(iv) *[omitted]

+ 01.04.1981 is the notified date for the purposes of the said section as per notification published in the EG No. 32
dt, 30.03.1981.
* Deemed to have been omitted vide Act No.1 of 1981 w.e.f 22.03.1968.
 168

by a family or any member thereof or by an adult unmarried person owning or

holding land in excess of the ceiling area, +[or otherwise than by way of gift in
favour of his son or daughter or the son or the daughter of his pre-deceased son or
daughter by any person owning or holding land in excess of the ceiling area] shall
be deemed to be transfers calculated to defeat the provisions of this Act and shall be
invalid:

Provided that without prejudice to any other right of the parties to any
such transfer, when any purchase price is payable under section 64 or any
compensation is payable *[under section 80J or section 98] for any land covered by
the said transfer, it shall be competent for the Land Tribunal to award the
transferee, out of the purchase price or compensation amount in respect of such
land, such sum as the Land Tribunal may consider just and proper.

*[(2) Notwithstanding anything contained in any law for the time being in
force, all voluntary transfers effected by any person (other than a family or any
member thereof or by an adult unmarried person) owning or holding land in excess
of the ceiling area after the 22nd March, 1968, otherwise than ---
(i) by way of partition; or
(ii) in favour of a person who was a tenant of the holding before the 22 nd
March, 1968, and continued to be so till the date of transfer,
shall be deemed to be transfers calculated to defeat the provisions of this Act and
shall be invalid:

Provided that without prejudice to any other right of the parties to any such
transfer, when any purchase price is payable under section 64 or any compensation
is payable under section 80J or section 98 for any land covered by the said transfer,
it shall be competent for the Land Tribunal to award to the transferee, out of the
purchase price or compensation amount in respect of such land, such sum as the
Land Tribunal may consider just and proper.

________________________________________________________________________
+ Inserted vide Act No. 1 of 1981 and it shall be deemed to have come into force w.e.f 22.03.1968.
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 169

(3) For the removal of doubts, it is hereby clarified that the expression
“ceiling area” in sub-sections (1) and (2) means the ceiling area as specified in
section 92].
Surrender of excess lands
95. *[(1) Where a person owns or holds land in excess of the ceiling area on the
date notified under section 93, such excess land shall be surrendered as hereinafter
provided:]

Provided that where any person bona fide believes that the ownership or
possession of any land owned or *[held by such person or, where such person is a
member of a family by the members of such family is liable to be purchased by the
cultivating tenant or kudikidappukaran] or to be resumed by the landowner or the
intermediary under the provisions of this Act, the extent of the land so liable to be
purchased or to be resumed shall not be taken into account in calculating the extent
of the land to be surrendered under this sub-section .

Explanation. – Where any land owned or held by a family or adult

unmarried person owning or holding land in excess of the ceiling area was
transferred by such family or any member thereof or by such adult unmarried
person, as the case may be, after the 28 th April, 1962, and on or before the date of
publication of Mahe Land Reforms Bill, 1968, in the Official Gazette, otherwise than
---
(i) by way of partition; or
(ii) on account of natural love and affection; or
(iii) in favour of a person who was a tenant of the holding before the 28 th
April, 1962, and continued to be so till the date of transfer; or
(iv) in favour of a religious, charitable or educational institution of a public
nature solely for the purpose of the institution,

the extent of land owned or held by such family or adult unmarried person shall be
calculated for purposes of fixing the extent of land to be surrendered under this
section as if such transfer had not taken place, and such family or adult unmarried
person shall be bound to surrender an extent of land which would be in excess of
the ceiling area on such calculation, or, where such family or person does not own
or hold such extent of land, the entire land owned or held by the family or person;
*[but nothing in this Explanation:-

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 170

(a) shall affect the rights of the transferee under the transfer; or
(b) shall apply in the case of any transfer of land by a family or any member
thereof or an adult unmarried person if the extent of land owned or held by such
family or adult unmarried person, as the case may be, immediately before the
transfer was not in excess of the ceiling area as specified in section 92 and applicable
to such family or adult unmarried person].

*[ (2) Where a person owns or holds land in excess of the ceiling area such
person shall, within a period of three months from the date notified under section
93, file a statement before the Land Board intimating the location, extent and such
other particulars as may be prescribed, of all the lands (including lands exempted
under section 91) owned or held by such person and indicating the lands proposed
to be surrendered]
Explanation I. --- Where lands owned or held by a family stand in the name
of more than one member of the family the identity of the land, the ownership or
possession or both of which is or are to be surrendered, shall be indicated as far as
practicable with the concurrence of all the members in whose names they stand.
Explanation II. – Where land to be surrendered is owned or held by two or
more persons jointly, whether or not as members of an institution or of a joint
family, the identity of the same shall be indicated as far as practicable with the
concurrence of all the persons who own or hold such land.
Explanation III. --- Where *[a person] owns or holds lands, including shares
in the lands owned or held by a co-operative society, in excess of the ceiling area,
the excess lands to be surrendered shall be lands other than shares in the lands
owned or held by the co-operative society.
*[Explanation IV. --- Where any person owns or holds lands in excess of the
ceiling area including lands mortgaged to the Government or to a co-operative
society or to a co-operative land mortgage bank registered or deemed to be
registered under the Co-operative Societies Act for the time being in force or to the
State Small Industries Corporation, or to a scheduled bank as defined in the Reserve
Bank of India Act, 1934 (Central Act 2 of 1934) or to a corresponding new Bank
constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (Central Act 5 of 1970), or to the State Bank of India
constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), or to a
subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959
(Central Act 38 of 1959), as security for any loan advanced by the Government or by
such co-operative society or bank or corporation, the excess lands to be surrendered
shall, as far as possible, be lands other than those so mortgaged.
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 171

Explanation V.--- Where a person owns or holds land in excess of the ceiling
area including lands owned by the Government, the excess lands to be surrendered
shall, as far as possible, be the lands owned by the Government.]

*[(2A) The statement under sub-section (2) shall be filed, ---

(a) in the case of an adult unmarried person, by such person;

(b) in the case of a minor, lunatic, idiot or a person subject to like disability, the
guardian, manager or other person in-charge of such person or of the property of
such person;
(c) in the case of a family the husband or in his absence, the wife, or in the
absence of both the guardian of the minor children;
(d) in the case of any other person, any person competent to act for such
person in this behalf.]

*[(3) Where, after the final settlement of claims for resumption of lands held by a
person as tenant, such person holds land in excess of the ceiling area, or where after
the purchase of the right, title and interest of the landowner and the intermediary
by the cultivating tenant in respect of lands owned by a person such person owns
land in excess of the ceiling area, such excess land shall be surrendered as
hereinafter provided.

(3A) The person bound to file a statement under sub-section (2) shall, within a
period of three months from the date of final settlement or purchase, file a
statement before the Land Board, and the provisions of the said sub-section shall as
far as may be, apply in regard to the particulars to be contained in such statement,
the calculation of the excess land and for the procedure for the surrender of the
same.]
(4) Where a member of a joint family surrenders under this section, any
land belonging to the joint family and the surrender is accepted by the Land Board
with or without modification in extent or identity of the lands surrendered, he shall
be deemed to have become divided in status from the other members of the family,
with effect from the date of the surrender and the lands, the surrender of which has
been accepted, shall be deemed to have been lands allotted to the share of such
member on partition.

(5) On receipt of the statement under sub-section (2) or *[sub-section (3A),]

the Land Board shall –

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 172

(a) cause the particulars mentioned in the statement to be verified;

(b) ascertain whether the *[person to whom] the statement relates, owns or
holds any other lands; and
(c) by order determine the extent and identity of the land to be surrendered.
(6) In determining the identity of the land, the Land Board shall, *[omitted],
accept of the choice indicated under sub-section (2) or *[sub-section (3A)]:

*[Provided that the Land Board shall not be bound to accept such choice if ---

(A) it has reason to believe that the person whose land is indicated to be
surrendered has no good title to that land; or
(B) the land indicated to be surrendered is not accessible; or
(C) it considers for any other reason to be recorded in writing that it is not
practicable to accept the choice or to take possession of the land;]

*[Provided further that] where in such determination the interest of other

persons are also likely to be affected the Land Board shall except in cases where all
the persons interested have agreed to the choice indicated, afford an opportunity to
such other persons to be heard and pass suitable orders regarding the land to be
surrendered.

(7) Where any person fails to file the statement specified under sub-section
(2) or *[sub-section (3a)], the Land Board shall, after necessary enquiries, by order,
determine the extent and other particulars of the land, the ownership or possession
or both of which is or are to be surrendered:

Provided that before such determination the Land Board shall give an
opportunity to the persons interested in the land, to be heard.

(8) Where the Land Board determines the extent of the land to be
surrendered by any person without hearing any person interested, such person
may, within sixty days from the date of such determination, apply to the Land
Board to set aside the order and, if he satisfied the Land Board that he was
prevented by any sufficient cause from appearing before the Land Board, it shall set
aside the order and shall proceed under sub-section (5) or sub-section (7), as the
case may be.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 173

*[(9) The Land Board may, if it is satisfied that the extent of lands
surrendered by, or assumed from, a person under section 96 is less than the extent
of lands which he was liable to surrender under the provisions of this Act or that
the lands surrendered by, or assumed from, a person were not lawfully owned or
held by him, set aside its order under sub-section (5) or sub-section (7), as the case
may be, in respect of such lands and shall proceed afresh under that sub-section:

Provided that the Land Board shall not set aside any order under this sub-
section without giving the persons affected thereby an opportunity of being heard:
Provided further that the Land Board shall not initiate any proceedings
under this sub-section after the expiry of three years from the date on which the
order sought to be set aside has become final].

Explanation. – For the purposes of this section and section 96, “hold” with
reference to land shall include “possess land under mortgage with possession”.
Certain persons to file statements
*[ 95A. (1) Notwithstanding anything contained in this Chapter, every family
consisting of more than one member, owning or holding more than twelve acres in
extent of land, every adult unmarried person and every family consisting of a sole
surviving member, owning or holding more than six acres in extent of land and
every other person (other than a bank) owning or holding more than twelve acres in
extent of land shall, within a period of seventy-five days from the commencement
of the Mahe Land Reforms (Amendment) Act, 1980, file a statement before the Land
Board intimating the location, extent and such other particulars as may be
prescribed, of all lands (including lands exempted under section 91) owned or held
by such family or person.

Explanation. – In this sub-section “Bank” means a scheduled bank as

defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934), or a
corresponding new bank constituted under the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), or the State Bank of
India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), or
a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959
(Central Act 38 of 1959).

(2) The statement under sub-section (1) shall be filed, ----

(a) in the case of an adult unmarried person or the sole surviving
member of a family, by such person;
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 174

(b) in the case of a minor, lunatic, idiot or a person subject to like

disability, but the guardian, manager or other person in charge of such
person or of the property of such person;
(c) in the case of a family, by the husband or in his absence, by the wife,
or, in the absence of both, by the guardian of the minor children;
(d) in the case of any other person, by any person competent to act for
such person in this behalf.]

Vesting of excess lands in Government

96. *[(1) On the determination of the extent and other particulars of the lands,
the ownership or possession or both of which is or are to be surrendered under
section 95, the ownership or possession or both, as the case may be of the land shall,
subject to the provisions of this Act, vest in the Government free from all
encumbrances and the Land Board shall issue an order accordingly].

(2) On receipt of *[the order of the Land Board under sub-section (1)], such
person shall make the surrender demanded, in such manner as may be prescribed.
(3) Where any person fails to make the surrender demanded, the Land
Board may authorise any officer to take possession or assume ownership of the land
in such manner as may be prescribed.
*[ (4) Where the ownership of any land vests in the Government under sub-
section (1), the rights of the intermediary, if any, in respect of the land shall stand
extinguished, and where possession of any land which was in the possession of a
cultivating tenant vests in the Government under that sub-section, the ownership of
such land shall vest in the Government and the rights of the intermediary, if any, in
respect of such land shall stand extinguished.
**[(5) Notwithstanding anything contained in the foregoing provisions of
this Act, where any land is indicated in the statement under sub-section (2) of
section 95 as land proposed to be surrendered, the Land Board may, pending
determination under sub-section (5) of section 95 of the extent and identity of the
land to be surrendered by the person who has filed the statement or on whose
behalf the statement has been filed, take possession of such land if it is satisfied that
such person is in possession of the land and has legal title to such possession and
that the land is fit for surrender, and thereupon the provisions of sub-section (4)
shall, so far as may be, apply in respect of such land.]

________________________________________________________________________
** Inserted vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
* Substituted vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 175

Excess land obtained by gift etc., to be surrendered

97. *[ (1) Where any person acquires any land after the date notified under
section 93 by gift, purchase, mortgage with possession, lease, surrender or any other
kind of transfer intervivos or by bequest or inheritance or otherwise and in
consequence thereof, the total extent of land owned or held by such person exceeds
the ceiling area, such excess shall be surrendered to such authority as may be
prescribed.

Explanation. – Where any land is exempted by or under section 91 and

such exemption is in force on the date notified under section 93, such land shall,
with effect from the date on which it ceases to be exempted, be deemed to be land
acquired after the date notified under section 93.

(2) Any person referred to in sub-section (1) shall file a statement

containing the particulars specified in sub-section (2) of section 95A within a period
of three months of the date of the acquisition.
(3) The provisions of sections 95 and 96 shall, so far as may be, apply to
vesting in the Government of the ownership or possession or both of the lands
required to be surrendered under sub-section (1).]

Persons surrendering land entitled to compensation

98. (1) Where ownership or possession or both of any land *[is or are vested] in
the Government under section 96 or section 97, such person shall be entitled to
compensation. Where the rights of an intermediary are extinguished, such
intermediary shall also be entitled to compensation.

*[ (1A) Notwithstanding anything contained in sub-section (1), no person

shall be entitled to any compensation in respect of any land owned by the
Government and held by him under lease or otherwise.
(2) The compensation payable to an owner for vesting in the Government
of ownership and possession of land shall be an amount calculated at the rates
specified in schedule III.
(3) The compensation payable to the landowner, intermediary or
cultivating tenant for the vesting in the Government or extinguishment of his rights
shall be the portion of an amount calculated at the rates specified in Schedule III
that will fall to his share if such amount were apportioned among the landowner,
cultivating tenant and intermediary, if any, in respect of the land according to the
following provisions:-

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 176

(i) ninety per cent of the portion of the compensation for the site of any
homestead or hut in the occupation of a kudikidappukaran shall be deducted from
the total amount of compensation;

(ii) the balance remaining after deducting the amount referred to in clause (i)
shall be apportioned among the landowner, the intermediaries and the cultivating
tenant in proportion to the profits derivable by them from the land immediately
before the surrender, assumption or vesting in the Government, as the case may be.

Explanation. --- “Profits derivable from the land” shall be deemed to be equal
to, ---

(i) in the case of a landowner, the rent which he was entitled to get
immediately before the commencement of the Mahe Land Reforms (Amendment)
Act, 1980 from the tenant holding immediately under him;

(ii) in the case of an intermediary, the difference between the rent which he
was entitled to get immediately before the commencement of the Mahe Land
Reforms (Amendment) Act, 1980 from his tenant and the rent for which he was
liable to his landlord immediately before that day; and

(iii) in the case of a cultivating tenant, the difference between the net income
and the rent which he was liable to pay immediately before the said day.

(3A) Notwithstanding anything contained in sub-sections (2) and (3), where

the compensation due under those sub-sections to an adult unmarried person,
family or any other person (other than a joint family), as owner, landowner,
intermediary or cultivating tenant or in any two or more of such capacities exceeds
one lakh rupees, the compensation payable shall be limited to the amount specified
in the Table below : --
 177

TABLE
Scales of Compensation
Total amount of compensation Rate

On the first Rs. 1 lakh 100 per cent

On the next Rs. 50,000 50 per cent
On the balance amount 25 per cent

Provided that the compensation payable shall in no case exceed Rs.2 lakhs.]

(4) *[Where the rights of a mortgagee in possession are vested in the

Government, -- ]
(i) where the ownership of the land mortgaged *[has vested in the
Government], the mortgagee shall be treated as a holder of an encumbrance in
respect of the land, and the encumbrance shall be discharged as provided in
sections 101 and 102;

(ii) in other cases, the Government shall pay to the mortgagee the amount to
which he would have been entitled under clause (i) if the ownership of the land
mortgaged *[had vested in] the Government, and hold the land as mortgagee with
possession with all the rights and liabilities of the mortgagee.

*[ (5) For the removal of doubts, it is hereby declared that the compensation
payable under this section in respect of a land shall be deemed to include the
compensation for growing crops and improvements, if any, thereon and that no
person shall be entitled to any amount other than the compensation payable under
this section for the vesting in the Government or extinguishments of his rights
(including his rights in respect of growing crops and improvements, if any) in
respect of the land].

Payment of advance towards compensation

99. Pending determination of the amount of compensation payable to any
person under section 98, it shall be competent for the Land Board to pay such
amount as it considers proper to such person as part payment of the compensation
on taking proper security, in case it is found that he is entitled to such amount. The
amount so paid shall be deducted from the compensation payable to such person
and the Land board shall pay to him only the balance.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 178

Preparation of compensation roll

100. (1) As soon as may be after the Land Board has determined the extent and
particulars of any land, the ownership or possession or both of which is or are to be
surrendered, the Land Board, shall, forwarding the necessary documents, direct the Land
Tribunal to prepare and submit to the Land Board a compensation roll showing ---

(a) the description of the land or the interests in the land surrendered or assumed;

(b) the name and address of the person surrendering the same or from whom the
same was assumed;

(c) the names and addresses of the landowner, intermediary and the cultivating
tenant and the amount of compensation payable to each;

(d) the names of the holders of the encumbrances (including mortgages who have
surrendered possession of excess lands), maintenance or alimony and the value of the
encumbrances or of the claims for maintenance or alimony; and

(e) such other particulars as may be prescribed.

*[ (2) On receipt of the direction under sub-section (1), the Land Tribunal shall, after
giving an opportunity to all persons interested to be heard and after making such enquiry
as it considers necessary prepare a draft compensation roll and furnish copies thereof to the
persons interested, together with a notice inviting objections to the draft compensation roll
within such period, not being less than thirty days from the date of the notice, as may be
specified in the notice.

(2A) The Land Tribunal shall also cause the draft compensation roll to be
published in such manner as may be prescribed.]

(3) Where any land, the ownership or possession or both of which is or are
surrendered to, or assumed by, the Government, forms part of the security for an
encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of
discharging the same apportion the entire encumbrance, maintenance or alimony between
the land surrendered to, or assumed by, the Government and the portion of the security
remaining, in proportion to the values of the two portions of the security.

*[ (4) After considering the objections, if any, received within the period specified in
the notice under sub-section (2), the Land Tribunal shall prepare a final compensation roll
showing the particulars mentioned in sub-section (1) and shall also pass an order recording
his reasons for each entry in the final compensation roll and for accepting or rejecting the
objections, if any, received in pursuance of the notice under sub-section (2).

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 179

(5) A copy of the final compensation roll prepared under sub-section (4)
shall, after the order of the Land Tribunal under that sub-section has become final,
be forwarded to the Land Board by the Land Tribunal.]

Payment of compensation
101. (1) On receipt of the compensation roll under section 100, the Land Board
shall pay the compensation to the persons entitled thereto, subject to the provisions
of sub-section (2).

(2) Where the land or the ownership or possession of land which has vested
in the Government, is subject to any encumbrance, maintenance or alimony, the
value of the encumbrance, maintenance or alimony shall be deducted from the
compensation amount payable to the person liable for such encumbrance,
maintenance or alimony If the total amount of such encumbrance, maintenance or
alimony is more than the amount of compensation, the compensation amount shall
be distributed to the holders of the encumbrance and the persons entitled to the
maintenance or alimony in the order of priority.

(3) The Land Board shall also pay the mortgage amount payable to a
mortgagee under clause (ii) of sub-section (4) of section 98.

Payment of compensation and amount of encumbrance

102. (1) The compensation or the amount of encumbrance, as the case may be,
shall be paid either in cash or in negotiable bonds redeemable *[after the expiry of
sixteen years from the date of issue of such bonds] and carrying interest at the rate
of 4 ½ per cent per annum with effect from the date on which the ownership or
possession or both of the land has or have vested in the Government under section
96 or section 7, or partly in cash and partly in such bonds, in such manner as may be
prescribed.

(2) The provisions of sub-sections (7), (8) and (9) of section 71 shall, as far as
may be, apply in regard to the payment of compensation and other amounts under
this section.
Payment of compensation to be full discharge
103. The payment of compensation in the manner specified in section 102 shall
be a full discharge of the liability for payment of compensation, and no further
claim therefor shall lie.

104. *[omitted]

________________________________________________________________________
* Omitted vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 180

Application for assignment of land

105. Any person who does not possess any land or possess only less than *[one
acre] of land in extent may apply to the Land Board for assignment on registry of
lands to him.

Assignment of lands by Land Board

106. *[(1) the Land Board shall assign on registry, subject to such conditions and
restrictions as may be prescribed, the lands vested in the Government under section
93 or section 97 as specified below: --

(i) the lands in which there are kudikidappukars shall be assigned to such
kudikidappukars;
(ii) out of the remaining area available for assignment ---

(a) fifty per cent shall be assigned to the landless agricultural labourers of
which one half shall be assigned to the landless agricultural labourers belonging to
the Scheduled Castes in the same village or adjacent villages;
(b) fifty per cent to small-holders and other landlords who are not entitled to
resume any land and who do not possess more than ten cents of land in extent:

Provided that eighty-seven and a half per cent of the area of the lands
referred to in clause (ii) available for assignment shall be assigned to landless
agricultural labourers of which one half shall be assigned to landless agricultural
labourers belonging to the Schedule Castes, Scheduled Tribes and such other
socially and economically backward classes of citizens as may be specified in this
behalf by the Government by notification in the Official Gazette.

Explanation. – For the purposes of this sub-section, ---

(a) a kudikidappukaran or the tenant of a kudikidappu shall be
deemed to be a landless agricultural labourer if he does not possess any
other land;
(b) “kudikidappukaran” shall include a person who was a
kudikidappukaran to whom a certificate of purchase has been issued under
sub-section (2) or section 88C.

(1A) Notwithstanding anything contained in sub-section (1), the Land Board

may, if it considers that any land vested in the Government under section 96 or
section 97 is required for any public purpose, reserve such land for such purpose].

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 181

(2) The Land Board shall not assign to any person more than *[ten cents] in
extent of land.

(3) Where a person possess any land, only so much land as will make the
extent of land in his possession *[ten cents] shall be assigned to him.

Payment of purchase price

107. (1) The purchase price of the land assigned on registry under section 106
shall be an amount *[calculated at the rate specified in Schedule III], and shall be
payable either in lump or in sixteen equal annul instalments. The assignment shall
be made on payment of the purchase price either in lump or the first instalments
thereof.

(2) Where the purchase price is payable in instalments, the amount

outstanding after payment of each instalment shall bear interest at the rate of 4 ½
per cent per annum.

(3) All amounts due from an assignee shall be a first charge on the land
assigned and shall be recoverable as arrears of land revenue under the law for the
time being in force relating to the recovery of land revenue.

Management of surrendered lands till assignment

108. The Land Board shall, subject to such rules as may be made by the
Government in this behalf, manage the lands vested in them, until they are assigned
under *[section 106,] by making arrangements for their cultivation and protection.

Interpretation

*[108A. For the purposes of this Chapter, the term “person” shall not include a co-
operative society within the meaning of the Puducherry Co-operative Societies Act,
1972 (Act No. 7 of 1973), or an institution of a public nature for religious and
charitable purposes established and maintained by a religious denomination or any
section thereof.]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 182

CHAPTER - IV
MISCELLANEOUS
Constitution of Land Tribunal
*[ 109. (1) The Government may, by notification in the Official Gazette, constitute
one or more Land Tribunal or Land Tribunals for any class of cases specified in the
notification, for the purpose of performing the functions of a Land Tribunal under
this Act.

(2) The Land Tribunal shall consist of a sole member who shall be a judicial
officer of the rank of a Munsif or an officer not below the rank of a Deputy
Tahsildar, appointed by the Government.

Constitution of appellate authority

109A. (1) The Government may, by notification in the Official Gazette, constitute
as many appellate authorities as may be necessary for the purposes of this Act.

(2) Each appellate authority shall consist of a sole member who shall be a
judicial officer not below the rank of a Subordinate Judge or an officer not below the
rank of a Deputy Collector.

(3) Each appellate authority shall have jurisdiction in such class of cases as
the Government may, by notification in the Official Gazette, from time to time,
determine.]
Constitution of Land Board
110. The Government shall constitute a Land Board for performing the functions
of the Land Board under this Act. The Board shall consist of a single member, who
shall be the Secretary to Government, Revenue and Development Department,
Puducherry or such other officer of an appropriate rank, as the Government may
specify for the purpose.
Constitution of Land Reforms Review Board
*[110A. (1) For the purpose of reviewing the progress of implementation of this
Act, the Government may, by notification in the Official Gazette, constitute a Board
to be called the Land Reforms Review Board which shall consist of --
(a) the Minister in charge of land reforms, or in a case where an order
made by the President under section 51 of the Government of Union
Territories Act, 1963 (Central Act 20 of 1963), is in operation, the Chief
Secretary, who shall be the Chairman;
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 183

(b) the member of the Land Board; and

(c) six non-official members nominated by the Government.

(2) The member of the Land Board shall be the convenor of the Land
Reforms Review Board.

(3) The term of office of the non-official members of the Land Reforms
Review Board shall be such as may be prescribed.

(4) Any vacancy in the office of a non-official member of the Land Reforms
Review Board shall be filled by the Government.

(5) The procedure to be followed by the Land Reforms Review Board in the
performance of its functions under this Act shall be such as may be prescribed.
Powers of the Land Reforms Review Board

110B. For the purpose of performing its functions under this Act, the Land
Reforms Review Board may, ---

(a) call for returns from any authority or officer exercising any power or
performing any function under this Act or the rules made thereunder;

(b) lay down such guidelines as may be necessary for the speedy and effective
implementation of this Act.]

Power of the Land Board and Land Tribunal

111. (1) The Land Board and the Land Tribunal constituted under this Act shall
have all the powers of a civil court while trying a suit under the law for the time
being in force relating to civil procedure, in respect of the following matters,
namely: -
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses or for local
investigation; and
(e) any other matter which may be prescribed.
 184

*[ (2) The Land Board shall have superintendence over the Land Tribunals and
the appellate authority, and the Land Board may ----
(a) call for returns from the Land Tribunals and the appellate authority;
(b) make and issue general rules and prescribe forms for regulating the
practice and proceedings of the Land Tribunals and the appellate authority;
(c) prescribe forms in which books, entries and accounts shall be kept by the
Land Tribunals and the appellate authority;]

(3) Where in any proceeding before the Land Tribunal a question arises
whether a person is a small-holder or not or whether a person is or is not a tenant,
*[or whether the right, title and interest of the landowner and the intermediaries, if
any, in respect of any holding, have or have not vested in the Government under
section 80] it shall be competent for the Land Tribunal to decide the question.

*[(4) If any question arises as to whether any land is exempted under section
91, the question shall be decided by the Land Board in such manner and having
regard to such matters as may be prescribed, and the decision of the Land Board
shall be final.]
Appeal to appellate authority
*[ 112. (1) The Government or any person aggrieved by any order of the Land
Tribunal under sub-section (2) of section 7, sub-section (3) of section 8A, section 15,
section 29, sub-section (2) of section 32 (where the amount of arrears of rent claimed
exceeds five hundred rupees), section 37, section 53, sub-section (3) or sub-section
(4) of section 54, sub-section (3) of section 55, sub-section (5) of section 74, section
80H, section 81, sub-section (2) of section 85, section 88B, sub-section (4) of section
100, section 116 or section 116A may appeal against such order within such time as
may be prescribed to the appellate authority having jurisdiction as determined
under sub-section (3) of section 109A.

(2) The appellate authority may admit an appeal presented after the
expiration of the period prescribed under sub-section (1) if it is satisfied that the
appellant had sufficient cause for not presenting it within that period.
(3) In deciding appeals under sub-section (1), the appellate authority shall
exercise all the powers which a court has and follow the same procedure which a
court follows in deciding an appeal against the decree of an original court under the
Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(4) Where there has been any modification in an appeal from any decision
or order of the Land Tribunal, such decision or order shall be modified
accordingly.]
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 185

Revision by High Court

113. (1) Any person aggrieved by –
(i) Any final order passed in an appeal against the order of the Land Tribunal;
or
(ii) any final order passed by the Land Board under this Act, may within such
time as may be prescribed, prefer a petition to the High Court against the order on
the ground that the appellate authority or the Land Board, as the case may be, has
either decided erroneously, or failed to decide, any question of law.

*[(1A) In any petition for revision preferred under sub-section (1), the
Government shall be made a party;]

(2) The High Court may, after giving an opportunity to the parties to be
heard, pass such orders as it deems fit and the orders of the appellate authority or
the Land Board, as the case may be, shall, wherever necessary, be modified
accordingly.

(3) The High Court may, for the purpose of satisfying itself that an order
made by the Land Tribunal under section 32 *[in cases where the amount of arrears
of rent claimed does not exceed five hundred rupees] was according to law, call for
the records and pass such order with respect thereto as it thinks fit.

Proceedings by or against joint families, etc.

114. (1) Where, in any proceeding under this Act, a joint family is a party, it
shall be sufficient to implead the manager, karanavan or yajaman and the senior
most male member of such family and, in the case of a maramakkathayam or
aliyasanthana family, also the karanavan or yajaman of each tavazhi or kavaru, but
any other member of the family shall have the right to get himself impleaded as a
party.

(2) Where any such proceeding relates to any property or party thereof
under the management of a receiver appointed by a court, it shall be sufficient to
implead the receiver as party to the proceeding *[and notwithstanding anything
contained in any other law, it shall not be necessary to obtain the permission of the
court, which appointed the receiver for so impleading him.]

*[(3) The provisions of this section shall have effect notwithstanding anything
to the contrary contained in any other provision of this Act.]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 186

Authorised officer empowered to obtain information from persons

115. (1) For the purpose of carrying into effect the provision of this Act, any
officer, not below the rank of a Deputy Tahsildar authorised by the Government in
this behalf (hereinafter in this section referred to as the authorised officer) may, by
notice, require any person to furnish any information relating to the extent of land
held by such person the number of members of the family, if any, of such person,
and such other particulars as may be prescribed. The person aforesaid shall furnish
the information to such officer within such time as may be specified in the notice or
within such further time not exceeding thirty days as the authorised officer may, in
his discretion, allow.

(2) (a) Where any person on whom notice under sub-section (1) has been
served fails to furnish the information within the time specified in that notice or
within the further time allowed by the authorised officer under sub-section (1), the
authorised officer may obtain, in such manner as may be prescribed, the necessary
information either by himself or through such agency as he thinks fit.

(b) the authorised officer shall, as soon as may be after obtaining the
information under clause (a), give to the person concerned a reasonable
opportunity of making his representation and of adducing evidence, if any, in
respect of such information and consider any such representation and evidence and
pass such orders as he deems fit.

Appointment of officers for certain purposes

*[ 115A. (1) The Government may appoint an officer not below the rank of a
Revenue Inspector for bringing to the notice of the Land Tribunal or the Land Board
any fact or information required by the Land Tribunal or the Land Board, as the
case may be, or for moving the Land Tribunal or the Land Board for taking any
action under the provisions of this Act.

(2) The Land Tribunal or the Land Board may depute the officer
appointed under sub-section (1) to make local enquiry, investigation or inspection
and to collect any data, and the report and the records submitted by such officer
may be used, without examining him, as evidence in the proceedings before the
Land Tribunal or the Land Board.

(3) The Land Tribunal or the Land Board may, if it thinks fit, summon and
examine any officer referred to in sub-section (2).]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 187

Special provisions relating to leases for commercial

or industrial purposes
*[ 116. (1) Notwithstanding anything contained in this Act, or in any other law,
or in any contract, or in any decree or order of court, where on any land leased for
commercial or industrial purpose, the lessee has constructed buildings for such
commercial or industrial purpose before the 1st March, 1971, he shall not be liable to
be evicted from such land, but shall be liable to pay rent under the contract of
tenancy, and such rent shall be liable to be varied every twelve years.

Explanation. – For the purposes of this section, ---

(a) “lessee” includes a legal representative or an assignee of the lessee;
and
(b) “building” means a permanent or a temporary building and
includes a shed.

(2) The lessor or the lessee may apply to such authority as may be prescribed
for varying the rent referred to in sub-section (1), and thereupon such authority
may, after taking into consideration such matters as may be prescribed and after
giving the lessor and the lessee an opportunity of being heard, pass such orders on
the application as it deems fit.
(3) Nothing contained in sub-section (1) or sub-section (2) shall apply to lands
owned or held by the Government of the Union territory of Puducherry or the local
authority.

Special provisions relating to buildings used by kudikidappukars

for commercial or industrial purposes
116A. (1) Notwithstanding anything contained in this Act, or in any other law,
or in any contract, or in any decree or order of court, whereon any land in which a
kudikidappu is situate, the kudikidappukaran has constructed a building for any
commercial or industrial purpose before the 16th March, 1968, and such
kudikidappukaran was carrying on any trade, business or industry in such building
without interruption from the date of construction of the building till the 27th March
1972, he shall have the right, subject to the provisions of sub-section (2), to carry on
such trade, business or industry in such building without interference by the person
in lawful possession of the land in which the building is situate.
(2) The kudikidappukaran shall be liable to pay rent as specified below for
the use and occupation of the building to the person in lawful possession of the
land in which the building is situate: --

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 188

(a) if the kudikidappukaran was liable to pay any rent for the use and
occupation of the building before the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, such rent;
(b) in other cases, such rent as may be determined by the Land
Tribunal having regard to such matters as may be prescribed.
(3) Nothing contained in sub-sections (1) and (2) shall apply to buildings
constructed on lands owned or held by the Government of the Union territory of
Puducherry or the local authority.
Explanation. --- For the purposes of this section “building” means a
permanent or a temporary building and includes a shed.]

Costs
117. (1) Subject to the provisions of this Act, the costs of an incident to all
proceedings before the Land Tribunal *[or the appellate authority] shall be in its
discretion and it shall have full power to determine by whom or out of what
property and to what extent such costs are to be paid and to give all necessary
directions for the purposes aforesaid. The fact that any proceeding before the Land
Tribunal *[or the appellate authority] is without jurisdiction shall be no bar to the
exercise of such powers.
*[(2) An order passed by the Land Tribunal or the appellate authority in
exercise of the powers vested in it under sub-section (1) may be executed by it in
such manner as may be prescribed.]

Special provisions for application of the Act

118. (1) If any difficulty arises in the application of the provisions of this Act to
any area on account of local variations or difference in nomenclature between the
tenures prevailing in that area (by whatever name such tenures may be known) and
the corresponding tenures prevailing in the parts adjoining that area, the
Government may, subject to the provisions of sub-section (2), by notification in the
Official Gazette, direct that the said provisions shall apply to the aforesaid area
subject to such adaptations, exceptions and modifications as may be specified in
this behalf in such notifications.

(2) A draft of the notification proposed to be issued under sub-section (1)

shall be laid before the Legislative Assembly for a period of fourteen days, and the
Legislative Assembly may approve the draft with or without modification or
disapprove the draft during the period in which it is so laid. On approval of the
draft by the Legislative Assembly, the Government shall publish the notification as
approved, in the Official Gazette. If the Legislative Assembly does not ---
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 189

(i) approve with or without modification; or

(ii) disapprove,
the said draft during the period aforesaid, it shall be lawful for the Government to
publish the notification in the Official Gazette in terms of the draft.

Constitution of Agriculturist Rehabilitation Fund and

Kudikidappukars Benefit Fund
*[ 118A. (1) There shall be constituted a fund to be called Agriculturist
Rehabilitation Fund and another fund called Kudikidappukars Benefit Fund and
there shall be credited to each of these funds ---

(a) any sum of money paid or any loan granted by the Government for the
purposes of this Act;
(b) any grants or loans that may be made by any person for the purposes of
this Act.

(2) Each of the funds referred to in sub-section (1) shall be administered by

the Revenue department in such manner as may be prescribed.
(3) The Agriculturist Rehabilitation Fund shall be utilised for payment of
solatium to small holders under section 118B and for rendering help by way of loan,
grant or otherwise to persons affected by this Act who are eligible for the same in
accordance with the rules made by the Government.
(4) The Kudikidappukars Benefit Fund shall be utilised ---

(a) for meeting twelve and a half per cent of the amount of compensation
payable for acquisitions, as provided in sub-section (3F) of section 83;
(b) for meeting one half of the purchase price payable by the kudikidappukars,
as provided in sub-section (8) of section 88A; and
(c) for providing better facilities to ----

(i) the kudikidappukars; and

(ii) persons who were kudikidappukars to whom certificates of
purchase have been issued under sub-section (2) of section 88C in accordance
with such rules as may be made by the Government in this behalf:

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 190

Provided that a person to whom a certificate of purchase has been issued

under the said sub-section or his successor-in-interest shall not be entitled to any
benefit under this clause after the expiry of a period of twenty years from the date
on which the right, title and interest in respect of land allowed to be purchased by
such person have vested in him under the said sub-section.

Solatium to small holders

118B. (1) The Land Board shall pay to every small holder whose right, title and
interest, either as landowner or as intermediary or as both, in respect of lands held
by cultivating tenants have vested in the Government under section 80, a solatium
equal to the amount of the compensation payable to him in consideration of such
vesting, after deducting the value of encumbrances and claims for maintenance or
alimony, if any:

Provided that the solatium payable to a small holder shall, in no case,

exceed five hundred rupees:

Provided further that no small holder shall be entitled to such solatium if --

(a) such compensation exceeds two thousand rupees; or

(b) he is assessed to sales tax on a turnover which in the aggregate is

not less than thirty thousand rupees in any two years within the three
years immediately preceding the financial year in which the notification
under section 80 is issued, under the Puducherry General Sales Tax Act,
1967 (6 of 1967) or the Central Sales Tax Act, 1956 (Central Act 74 of 1956),
or the law of any other State relating to sales tax; or

(c) he is assessed to income-tax under the Income-tax Act, 1961, in

any two years within the three years referred to in clause (b).

Explanation. --- For the purposes of this section, a person shall not be
deemed to be a small holder if any of his predecessors-in-interest was in possession
of, or had interest in, land exceeding the limits specified in clause (46) of section 2
immediately before the 22nd March, 1968, provided that nothing in this Explanation
shall apply in the case of a person who would have been a small holder
immediately before the 22nd March, 1968, if this Act had been in force immediately
before that date.

(2) Any person entitled to the solatium under sub-section (1) shall apply to
the Land Board within such time as may be prescribed.
 191

(3) An application under sub-section (2) shall be in such form and shall
contain such particulars as may be prescribed.
(4) On receipt of an application under sub-section (2), the Land Board shall,
after making such enquiry as may be prescribed, pay the solatium in cash.
(5) Where a person entitled to the solatium dies before it is paid to him, it
shall be paid to his legal representatives.]

Restoration of possession of land to certain evicted tenants

119. Where a tenant has, on or after the 28 th April, 1962, been evicted from his
holding in contravention of the law for the time being in force regulating the
relationship of landlord and tenant, the Administrator or any other authority
empowered by him in this behalf may, suo motu or on application made by the
tenant before the expiration of one year from the date of commencement of this Act
and after such enquiry as he may deem fit, restore to the tenant the possession of
the land from which he was evicted unless some other tenant, not being a member
of the landowner’s family, had been admitted to possession of such land before the
date of publication of this Act.

Mortgage money not to be returned in certain cases

*[ 119A. Notwithstanding anything contained in any law for the time being in
force, or in any contract, or in any judgment, decree or order of court, where a
mortgagee or any person claiming under him is entitled to fixity of tenure under
any provision of this Act, the mortgagor shall not be liable to return the mortgage
money or any portion thereof to such mortgagee or person.]

Apportionment of land value in cases of acquisition

*[ 120. (1) Where any land is acquired under the law for the time being in force
providing for the compulsory acquisition of land for public purposes, the
compensation awarded under such law in respect of the land acquired shall be
apportioned among the landowner, intermediaries, cultivating tenant and the
kudikidappukaran in the manner specified in this section.

(2) The compensation for any building or other improvements shall be

awarded to the person entitled to such building or other improvements.
(3) The kudikidappukaran shall be entitled to the value of the land
occupied by his homestead or hut subject to a minimum of five cents.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 192

(4) The difference between the value of five cents and the value of the
extent of the land occupied by the homestead or hut shall, notwithstanding
anything contained in the Land Acquisition Act, 1894, be borne by the Government
or the local authority or the company or other person on whose behalf the land is
acquired.

(5) The balance remaining after deducting the compensation referred to in

sub-section (2) and the value of the land occupied by the homestead or hut shall be
apportioned among the landowner, intermediaries and the cultivating tenant in
proportion to the profits derivable by them from the land acquired immediately
before such acquisition.

Explanation. --- “Profits derivable from the land” shall be deemed to be

equal to –
(i) in the case of a landowner, the rent which he was entitled to get from the
tenant holding immediately under him;
(ii) in the case of an intermediary, the difference between the rent which he
was entitled to get from his tenant and the rent for which he was liable to his
landlord; and
(iii) in the case of a cultivating tenant the difference between the net income
and the rent payable by him; and the rent payable by the cultivating tenant and the
intermediary for the purposes of this Explanation shall be as calculated under the
provisions of this Act.

(6) Notwithstanding anything contained in sub-sections (2) and (5) where the
right, title and interest of the landowner and the intermediaries in respect of the
land acquired have vested in the Government under section 80,-

(a) the compensation for any building or other improvements belonging to

such landowner and intermediaries shall be awarded to the Government; and

(b) the balance remaining after deducting the compensation referred to in

clause (a) and the value of the land occupied by the homestead or hut, if any, shall
be apportioned between the cultivating tenant and the Government in proportion to
the profits derivable by them from the land.

Explanation. – ”Profits derivable from the land” shall be deemed to be equal to–
(i) in the case of the cultivating tenant, the difference between the net income
immediately before the acquisition and the rent which he was liable to pay
immediately before the date on which the right title and interest of the landowner
and the intermediaries have vested in the Government; and
 193

(ii) in the case of the Government, such rent.

(7) In this section “homestead” includes a dwelling house occupied by a

person who is deemed to be a kudikidappukaran under Explanation II to clause
(24) of section 2.]

Prices published under section 49 to be deemed to be market rates

121. If for the purposes of this Act, the price of any commodity referred to in
section 49 has to be commuted into money at the market rate for any date, such
commutation shall be made at the price of that commodity published by the
Collector under the said section for the relevant quarter.

Appearance before Land Tribunal or Land Board

122. (1) Any appearance, application or act in or to any Land Tribunal *[or the
appellate authority] or the Land Board required or authorised by law to be made or
done by a party in such Land Tribunal *[or the appellate authority] or the Land
board, may be made or done by the party in person or by his recognised agent or by
a pleaded appearing, applying or acting, as the case may be, on his behalf:

Provided that any such appearance, shall, if the Land Tribunal *[or the
appellate authority]or Land Board so directs, be made by the party in person.

(2) The recognised agents of parties by whom such appearance, application

and act may be made or done are person holding powers of attorney authorising
them to make and do such appearance, application and act on behalf of such
parties.
Court fees
123. Notwithstanding anything contained in any law for the time being in
force relating to court fee, every application or appeal made under this Act
*[omitted] shall bear court fee stamp of such value as may be prescribed.

Members of *[Land Board, appellate authority] and Land Tribunal

to be deemed public servants
124. The members of the *[Land Board, appellate authority] and the Land
Tribunal and any officer appointed under this Act shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central
Act 45 of 1860).

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 194

Penalty for disturbance of customary, easement and other

rights of kudikidappukars
*[125. Any person who in any manner wilfully disturbs or interferes with the
customary, easement or other rights to which a kudikidappukaran is entitled under
sub-section (1) or sub-section (2) of section 87A shall be punishable with
imprisonment for a term which may extend to one year or with fine which may
extend to two thousand rupees, or with both.]

Penalty for failure to furnish return

126. (1) If any person who is under an obligation to furnish a return or
information under this Act refuses or wilfully fails to furnish the return or
information within the time specified for the purpose, he shall be punishable with
fine which may extend to two hundred rupees.

(2) If any person who, after having been convicted under sub-section (1),
continues to refuse or to wilfully fail to furnish the return or information, he shall
be punishable with fine which may extend to fifty rupees for each day after the
previous date of conviction during which he continued so to offend.

Penalty for failure to furnish statement under section 95A

*[ 126A. (1) If any person bound to file a statement under section 95A does not file
the statement within the time specified in that section, he shall be punishable with
imprisonment for a term which may extend to one year, or with fine which may
extend to two thousand rupees, or with both.

(2) If any person, who after having been convicted under sub-section (1),
continues to fail to file the statement referred to in that sub-section, he shall be
punishable with fine which may extend to two hundred rupees for each day after
the previous date of conviction during which he continued so to offend.]

Penalty for furnishing false returns or information

127. If any person who is under an obligation to furnish any return or
information furnishes any return or information which he knows or has reason to
believe to be false, he shall be punishable with fine which may extend to one
thousand rupees.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 195

Penalty for making false declaration

128. *[(1) After the commencement of the Mahe Land Reforms (Amendment)
Act, 1980, no document relating to any transfer of land shall be received for
registration under the Registration Act, 1908, unless the transferor and the
transferee make separate declarations in writing (in duplicate) in such form as may
be prescribed as to the total extent of land held by him.

(1A) The registering officer shall forward a copy of each of the declarations
made under sub-section (1) to the officer authorised by the Government in this
behalf for such action as may be necessary.]

(2) If any person makes any declaration before the registering officer under
sub-section (1), which he knows or has reason to believe to be false, he shall be
punishable with fine not exceeding one thousand rupees.

Registering officer not to register in certain cases

*[ 128A. Notwithstanding anything contained in the Registration Act, 1908 where
the Collector or any other officer authorised by the Government in this behalf
informs the registering officer in writing that there are reasonable grounds to
believe that any document relating to transfer of land which may be presented
before him for registration is intended to defeat the provisions of this Act such
registering officer shall not register such document until the Collector or the officer
so authorised, as the case may be, informs the registering officer that the transfer is
not intended to defeat the provisions of this Act.]

Penalty for contravention of any lawful order

129. If any person wilfully contravenes any lawful order passed under this Act
or obstructs any person from lawfully taking possession of any land under any of
the provisions of this Act, he shall be punishable with fine which may extent to five
hundred rupees.

Penalty for eviction

130. Any person who, --

(i) contravenes the provisions of section 89, or

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 196

(ii) evicts or attempts to evict a cultivating tenant, or a holder of a

kudiyiruppu or a kudikidappukaran from his holding, kudiyiruppu or
kudikidappu, as the case may be, in contravention of any other provision of this
Act,

shall be punishable with imprisonment which may extent to one year, or with fine
which may extend to two thousand rupees, or with both.

Penalty for cutting trees or for removing machinery, etc.,

*[ 131. If any person cuts or causes to be cut trees on any land indicated under sub-section
(2) of section 95, as land to be surrendered or removes or causes to be removed any
building, machinery, plant or apparatus constructed, erected or fixed on any such land and
used for agricultural purposes, or does or causes to be done any act likely to diminish the
utility of any such land, he shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or with both.
Offences by companies
131A. (1) Where an offence under this Act has been committed by a company,
every person who at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the company as well
as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any

offence under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.

Explanation. --- For the purposes of this section, ---

(a)
“company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.]
________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 197

Cognizance of offences
132. (1) No court shall take cognizance of any offence punishable under this Act,
except on complaint in writing made by an officer authorised by the Government in
this behalf.
*[Provided that an offence under section 125 shall, notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), be
cognizable].
(2) No court inferior to that of *[a judicial magistrate of the first class] shall
try any offence punishable under this Act.

Protection of action taken under Act

133. No suit, prosecution or other legal proceeding shall lie against any officer
for anything in good faith done or intended to be done under this Act or the rules
made thereunder.

Bar of jurisdiction of civil courts

*[134. (1) No civil court shall have jurisdiction to settle, decide or deal with any
question or to determined any matter which is by or under this Act required to be
settled, decided or dealt with or to be determined by the Land Tribunal or the
appellate authority or the Land Board or the Government or an officer of the
Government:
Provided that nothing contained in this sub-section shall apply to
proceedings pending in any court at the commencement of the Mahe Land Reforms
(Amendment) Act, 1980.

(2) No order of the Land Tribunal or the appellate authority or the Land
Board or the Government or an officer of the Government made under this Act shall
be questioned in any civil court, except as provided in this Act.
(3) If in any suit or other proceeding any question regarding rights of a
tenant or of a kudikidappukaran (including a question as to whether a person is a
tenant or a kudikidappukaran) arises, the civil court shall stay the suit or other
proceeding and refer such question to the Land Tribunal together with the relevant
records for the decision of that question only.
(4) The Land Tribunal shall decide the question referred to it under sub-
section (3) and return the records together with its decision to the civil court.
(5) The civil court shall then proceed to decide the suit or other proceedings
accepting the decision of the Land Tribunal on the question referred to it.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 198

(6) The decision of the Land Tribunal on the question referred to it shall, for
the purposes of appeal, be deemed to be part of the findings of the civil court.

(7) No civil court shall have power to grant injunction in any suit or other
proceeding referred to in sub-section (3) restraining any person from entering into
or occupying or cultivating any land or kudikidappu or to appoint a receiver for
any property in respect of which a question referred to in that sub-section has
arisen, till such question is decided by the Land Tribunal, and any such injunction
granted or appointment made before the commencement of the Mahe Land
Reforms (Amendment) Act, 1980, or before such question has arisen, shall abate.

(8) In this section, “civil court” shall include a Rent Control Court as
defined in the Puducherry Buildings (Lease and Rent Control) Act, 1969 (Act No.5
of 1969).]

Construction of references to acres and cents

135. All references in this Act to areas of land expressed in terms of acres (but
not standard acres) and cents shall be construed as references to areas expressed in
terms of hectares and acres, converted thereto.

Act to over-ride other laws, etc.

136. The provisions of this Act shall have effect notwithstanding anything in any
other law or any custom or usage or in any contract, express or implied,
inconsistent with the provision of this Act.

Power to remove difficulties

137. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by general or special order to be notified in the Official Gazette,
do anything not inconsistent with the provisions of this Act which appears to the
Government to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made under this section with
reference to any matter relating to any provision of this Act after the expiration of
two years from the date of the commencement of that provision.

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 199

Wrong or excess payments recoverable under Revenue Recovery Act

*[ 137A. If, for any reason, any amount has been paid by the Land Board or the
Land Tribunal to any person not entitled to such amount under this Act or to any
person in excess of the amounts due to him under this Act, such amount or, as the
case may be, the amount in excess shall be recoverable from the person to whom it
has been paid as arrears of public revenue due on land under the provisions of the
Puducherry Revenue Recovery Act, 1970.]

Power to make rules

138. (1) The Government may makes rules to carry out all or any of the
purposes of the Act.
(2) In particulars, and without prejudice to the generality of the foregoing
power, such rules may provide for the following matters, namely: -

(a) the procedure relating to resumption:

*[(b) the fees payable on applications, appeals and claims made under this
Act and the persons by whom and the period within which such fees shall be paid];
(c) the registers to be kept and maintained by the *[Land Tribunal, the
appellate authority] and the Land Board and the particulars to be entered therein;

(d) the manner of preparation of record of rights;

(e) form of application for fair rent and procedure in relation thereto;
(f) the manner of publication of prices of commodities;
(g) the apportionment of rent on severance of interest of landlord or tenant
and form for the purpose;
(h) the procedure to be followed in the preparation of compensation rolls;
(i) the filing of statements before the Land Tribunal and the Land Board;
(j) the procedure to be followed by the Land Tribunal and the Land Board;
(k) for the joint consideration by the Land Tribunal of two or more
applications involving the same question;
*[(kk) for the joint consideration by the appellate authority of two or more
appeals involving the same question;]

________________________________________________________________________
* Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32
dated 30.03.1981.
 200

(l) the assignment of lands by the Land Board under *[section 106] and;

(m) the management of land before assignment under section 108; and

(n) any other matter which under this Act is to be, or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made,
be laid before the Legislative Assembly, 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 the rule should not be made or issued, the
rule shall thereafter have effect only in such modified form or be of no effect as the
case maybe, so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.

Limitation

139. In computing the period of limitation for the institution of suits or

proceedings under this Act, the time during which such suits or proceedings were
prohibited or stayed under any of the enactments repealed by this Act, shall be
excluded.
Repeal and savings

140. (1) (a) The Mahe (Stay of Eviction Proceedings) Regulation, 1963 (5 of 1963)
is hereby repealed and all suits, appeals, revisions, reviews and proceedings in
execution of decrees stayed by the said enactment may be disposed of by the courts
in which they were pending at the commencement of this Act, in accordance with
the provisions of this Act:

Provided that where a tenant has, on or after the 31st December, 1963, been
evicted from his holding and the eviction could not have taken place if the aforesaid
law relating to the stay of eviction had been in force, the Administrator or any other
authority empowered by him in this behalf may, suo motu or on application made
by the tenant before the expiry of one year after the commencement of this Act and
after making such enquiry as he may deem fit, restore to the tenant the possession
of the land from which he was evicted, unless some other tenant, not being a
member of the landowner’s family, had been admitted to possession of such land
before the 18th November, 1964, and section 3-C of the said regulation shall, for that
purpose, be deemed to continue in force.
 201

(b) The costs in respect of the suits, appeals, revisions, reviews and execution
proceedings stayed by the enactment specified in clause (a) shall be in the direction
of the court.

(2) The Malabar Tenancy Act, 1929 (Madras Act 14 of 1930) (hereinafter
referred to as the said Act) as applicable to Mahe area is hereby repealed.

Notwithstanding the repeal of the Malabar Tenancy Act, 1929 (Madras Act
14 of 1930), under sub-section (2), ---

(a) any decree passed before the commencement of this Act for the eviction of
a tenant from his holding pursuant to which eviction has not been effected, may, on
the application of the tenant or the landlord, be reopened and the matter may be
disposed of in accordance with the provisions of this Act:
(b) any suit for restoration filed under section 24 of section 26 of the said Act
and pending disposal at the commencement of this Act shall be disposed of in
accordance with the provisions of the said Act as if it has not been repealed;

(c) (i) where the decree-holder, plaintiff, appellant or petitioner, as the case
may be, is a person entitled to resumption of land under this Act, he shall have the
right to apply to the court to allow resumption of the holding or any part thereof to
which he is entitled;
(ii) the application under sub-clause (i) shall be made within one year from the
commencement of this Act and shall contain a statement of facts in support of the
claims of the applicant and also the names and addresses of all person who have
interest in the holding, either as owner, lessee or kudikidappukaran;
(iii) the court shall dispose of the application as if it were an application for
resumption before the Land Tribunal under this Act;

(d) notwithstanding anything contained in the law for the time being in force
relating to civil procedure in the matter of res judicata, the right conferred on the
decree-holder, plaintiff, appellant or petitioner, as the case may be, under sub-
clause (i) of clause (c) shall not be deemed to take away or in any manner affect his
right to apply for resumption under this Act;

(e) all applications for determination of fair rent filed or purported to have
been filed under the said Act in which no order determining the fair rent had been
passed by the rent court shall be deemed to have been filed under this Act and shall
be disposed of according to the provisions of this Act;

(f) where the rent court constituted under the said Act had passed an order
determining the fair rent in respect of a holding, but an appeal or application for
revision in respect of such order was pending before the appellate or revising
 202

authority, at the time of the commencement of this Act, such appellate or revising
authority shall reopen the matter and dispose of it in accordance with the
provisions of this Act and for that purpose, shall have all the powers of the
appellate or revising authority, as the case may be, under this Act;
(g) where the rent court constituted under the said Act had passed an order
determining the fair rent in respect of a holding, but the time for preferring an
appeal or revision in respect of such order had not expired at the commencement of
this Act, any party aggrieved by the order of the rent court may, within three
months from the commencement of this Act, prefer an appeal or an application for
revision against such order before the appellate or revising authority under this Act
and thereupon such authority shall reopen the matter and dispose of it is
accordance with the provision of this Act.

*[SCHEDULE – I

[See section 2 (47) and 92 (4)]

PART – I

Lands other than nilam

Class of land Standard acre

1. Garden land:
(i) Land used principally for growing coconut trees 1-25
(ii) Land used principally for growing arecanut trees 0-50
(iii) Land used principally for growing peppervines 3-00

2. Dry land principally cultivated with cashew 2-00

3. Other dry land 2-50

4. Palliyal land 3-00

PART – II

Standard acres of nilam

1. Double crop nilam 1-25

2. Single crop nilam 2-25
 203

SCHEDULE – II

(See section 33)

Rates of fair rent

[Link]. Class of land. Rate of fair rent.

(1) (2) (3)
1. Nilams ---
(i) Land converted into nilam by
tenant’s labour.
1/8th of the gross paddy produce.
(ii) Other nilam.
1/4th of the gross paddy produce.
Aggregate of rent fixed as for nilam and 1/8 th
(iii) Nilam where fishing is
of to gross annual income derived from
carried on for part of the
fishing *[(determined in such manner as may
year by a varamdar.
be prescribed)].

(iv) Nilam not used for paddy Rent that would have been payable had the
cultivation (but not land been used for cultivation of paddy.
cultivated with sugarcane).
2. Garden ---
(i) Coconut trees in respect of
which the landlord is bound to pay
compensation. *[1/16 th] of the gross coconut produce.
(ii) Coconut trees in respect of
which the landlord is not bound
to pay compensation. *[1/4th] of the gross coconut produce.
(iii) Arecanut trees in respect of
which the landlord is not bound
to pay compensation. *[1/6th] of the gross arecanut produce.
(iv) Arecanut trees in respect of
which the landlord is not bound
to pay compensation. 1/4th of the gross arecanut produce.
(v) Pepper-vines in respect of
which the landlord is bound to
pay compensation. *[1/20 th] of the gross pepper produce.
(vi) Pepper-vines in respect of
which the landlord is not bound
to pay compensation. *[1/6th] of the gross pepper produce.

3. Dry land –
(a) cultivated with groundnut or *[1/10 th] of the gross produce.
other crops notified by the
Government.
(b) in other cases Rs. 4 per acre.
4. Land not falling under any of items. Contract rent.

________
 204

*[SCHEDULE – III

[See sections 98 (2) and 107 (1)]

RATES OF COMPENSATION

PART - I
Lands other than nilam

Class of land Rate per acre

Rs.
1. Garden Land:
(i) Land used principally for growing
coconut trees … 1,600
(ii) Land used principally for growing
arecanut trees … 3,000
(iii) Land used principally for growing
peppervines … 700

2. Dry land principally cultivated with cashew … 500

3. Palliyal land … 400

4. Waste land (with or without scattered trees) … 200

5. Land not falling under any of the above classes … 300

PART - II
NILAMS
Class of land Rate per acre
Rs.

1. Double crop nilam … 1,600

2. Single crop nilam … 900

______
 205

THE PUDUCHERRY PREVENTION OF COW SLAUGHTER ACT, 1968

(No. 6 of 1968)

ARRANGEMENT OF SECTIONS

SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Slaughtering prohibited except on a certificate of the competent
authority.
4. Section 3 not to apply to diseased or under experimentation cows,
bulls or bullocks.
5. Prohibition of sale of beef.
6. Establishment of institutions.
7. Levy of charges or fees.
8. Penalty.
9. Offences to be cognizable and non-bailable.
10. Power to make rules.
______

THE PUDUCHERRY PREVENTION OF COW SLAUGHTER

ACT, 1968.
(Act No. 6 of 1968)
4th May, 1968.
AN ACT
to prohibit and prevent the slaughter of cow and its progeny in the Union
territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Nineteenth

Year of the Republic of India as follows: -

Short title, extent and commencement.

1. (1) This Act may be called the Puducherry Prevention of Cow Slaughter Act,
1968.
(2) It extends to the whole of the Union territory of Puducherry.

1 [(3)
It shall come into force on such date as the Government may, by
notification in the Official Gazette appoint.]

________________________________________________________________________
1. The Act came into force from 1 st July, 1969 Vide Extraordinary Gazette No.69 dated 26 th July, 1969.
 206

Definitions.

2. In this Act, unless the context otherwise requires, --

(a) “beef” means flesh of cow and of such bull or bullock, whose slaughter
is prohibited under this Act, but does not include such flesh contained in sealed
containers and imported as such into the Union territory;
(b) “competent authority” means the person or persons appointed in this
behalf by the Government by notification in the Official Gazette to exercise the
powers and perform the functions of a competent authority under this Act, or the
rules made thereunder for such area or areas and for such period as may be
specified in the notification;
(c) “cow” includes a heifer or calf;
(d) “Government” means the Administrator of the Union territory
appointed under article 239 of the Constitution;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “slaughter” means killing by any method whatsoever and includes
maiming and inflicting of physical injury which in the ordinary course will cause
death;
(g) “uneconomic cow” includes stray, unprotected, infirm, disabled,
diseased or barren cow;
(h) “union territory” means the Union territory of Puducherry.

Slaughtering prohibited except on a certificate of the competent authority.

3. (1) Except as hereinafter provided, no person shall slaughter or cause to be

slaughtered, or offer or cause to be offered for slaughter --
(a) a cow, or
(b) a bull or bullock, unless he had obtained in respect thereof a certificate
in writing from the competent authority of the area in which the bull or
bullock is to be slaughtered, certifying that it is fit for slaughter,
in any place in the Union territory notwithstanding anything contained in
any other law for the time being in force or an usage or custom to the
contrary.
 207

(2) No bull or bullock in respect of which a certificate has been issued under
clause (b) of sub-section (1) shall be slaughtered at any place other than the place
specified in the certificate.
(3) A certificate under clause (b) of sub-section (1) shall be issued by the
competent authority only after it has, for reasons to be recorded in writing, certified
that ---
(a) the bull or bullock is over the age of fifteen years, or
(b) in the case of a bull, it has become permanently unfit and unserviceable for
the purpose of breeding and, in the case of a bullock, it has become permanently
unfit and unserviceable for the purposes of draught and any kind of agricultural
operation:
Provided that the permanent unfitness or unserviceability has not been
caused deliberately.
(4) The competent authority shall, before issuing the certificate under sub-
section (3) or refusing to issue the same, record its order in writing.
(5) The Government may, at any time for the purposes of satisfying itself as
to the legality or propriety of the action taken by the competent authority under this
section, call for and examine the record of any case and may pass such orders
thereon as it may deem fit.
(6) Subject to the provisions herein contained, any action taken by the
competent authority under this section shall be final and conclusive and shall not be
called in question.

Section 3 not to apply to diseased or under experimentation

cows, bulls or bullocks.

4. (1) Nothing in section 3 shall apply to the slaughter of a cow, bull or

bullock,---
(a) which is suffering from any contagious or infectious disease notified as
such by the Government, or
(b) which is subjected to experimentation in the interest of medical and
public health research, where the slaughtering is done in accordance with the
conditions and circumstances as may be prescribed.
(2) Where a cow, bull or bullock is slaughtered for the reasons stated in
clause (a) of sub-section (1), the person who slaughters or causes to be slaughtered
such cow, bull or bullock shall, within twenty-four hours of the slaughter, lodge
information of the same at the nearest Police Station or before such officer or
authority as may be prescribed.
 208

(3) The carcass of the cow, bull or bullock slaughtered under clause (a) of
sub-section (1) shall be buried or disposed of in such manner as may be prescribed.
Prohibition on sale of beef.

5. Notwithstanding anything contained in any other law for the time being in
force or in any contract, no person shall sell or transport or offer for sale or
transport or cause to be sold or transported beef or beef products in any form
except for such medicinal purposes as may be prescribed.

Establishment of institutions.

6. There shall be established by the Government or by any local authority, if so

directed by the Government, institutions as may be necessary for taking care of
uneconomic cows.

Levy of charges or fees.

7. The Government or the local authority, as the case may be, may levy such
fees as may be prescribed for keeping uneconomic cows in the institution
established under section 6.

Penalty.

8. (1) Whoever contravenes or attempts to contravene or abets the

contravention of the provisions of section 3 or 5 shall be guilty of an offence
punishable with rigorous imprisonment for a term which may extend to two year or
with fine which may extend to one thousand rupees or with both.
(2) Whoever fails to lodge the information in the manner and within the
time stated in sub-section (2) of section 4 shall be guilty of an offence punishable
with simple imprisonment for a term which may extend to one year or with fine
which may extend to two hundred rupees or with both.
(3) In any trail for an offence punishable under sub-section (1) or sub-
section (2), the burden of providing that the slaughtered cow belonged to the class
specified in class (a) of sub-section (1) of section 4 shall be on the accused.

Offences to be cognizable and non-bailable.

9. Notwithstanding anything contained in the Code of Criminal Procedure,

1898 (5 of 1898), an offence punishable under sub-section (1) of section 8 shall be
cognizable and non-bailable.
 209

Power to make rules.

10. (1) The Government may make rules for the purpose of carrying into effect
the provisions of this Act.
(2) In particular and without prejudice to the generality of forgoing power,
such rules may provided for ---
(a) the form of certificate and the procedure for disposal of the applications
under section 3.
(b) the conditions and the circumstances under which cows, bulls or
bullocks are to be slaughtered under sub-section (1) of section 4;
(c) the manner in which diseases shall be notified under sub-section (1) (a)
of section 4;
(d) the manner in which the information shall be lodged under sub-section
(2) of section 4;
(e) the manner in which the carcass shall be buried or disposed of under
sub-section (3) of section 4;
(f) the manner in which and conditions under which beef or beef-products
are to be sold under section 5;
(g) the matters relating to the establishment, maintenance, management,
supervision and control of institutions referred to in section 6;
(h) the fees to be charged for keeping uneconomic cows in the institutions
under section 7;
(i) the duties of any officer or authority having jurisdiction under this Act,
the procedure to be followed by such officer or authority; and
(j) any other matter which is to be or may be prescribed.
(3) All rules made under this Act shall, as soon as possible after they are made,
be laid before the Legislative Assembly, Puducherry while it is in session for a total
period of fourteen days which may be, comprised in one session or in two or more
successive sessions, and, if before the expiry of the session in which it is so laid or
the sessions aforesaid, the Legislative Assembly makes any modification in the
rules or decides that the rule should not be made the rule shall thereafter have effect
only in such modified form or be or 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.
 210

STATEMENT OF OBJECTS AND REASONS ACT NO.6 OF 1968

Article 48 of the Constitution lays down that the State shall endeavour to
organise agriculture and animal husbandry on modern lines and shall in particular
take steps for preserving and improving the breeds and prohibiting the slaughter of
cow and calves and other milch and draught cattle.

A number of States have enacted legislation for the prevention of slaughter

of cows, bulls and bullocks. The Government of India have also drawn the attention
of this Administration to the directive principles embodies in Article 48 of the
Constitution and to take necessary steps to implement the directive principles. It is,
therefore, proposed to enact a legislation for the prevention of slaughter of cows,
bulls and bullocks in this Union territory on the lines of the Uttar Pradesh
Prevention of Cow Slaughter Act and the present Bills seeks to achieve the above
object.

NOTES ON CLAUSES

Clause 1. This is a title clause and defines the jurisdiction of the Act. The
Government is empowered to fix the date of enforcement of the Act.

Clause 2. This clause defines the various terms occurring in the bill.

Clause 3. (1) This clause prohibits the slaughter of cows, and provides that bulls and
bullocks can be slaughtered only after obtaining the certificate from
competent authority.

(2) This sub-clause lays down that bulls and bullocks can be slaughtered
only at the place indicated in the certificate.

(3) This sub-clause prescribes the conditions under which bulls and
bullocks can be slaughtered.

(4) This sub-clause prescribes that the competent authority should record
its order in writing before issuing the certificate or refusing to issue the
certificate.

(5) This sub-clause empowers the Government to call for and examine the
record of any case and to pass orders as it may deem fit.

(6) This sub-clause lays down that the action taken by the competent
authority under this section is final and shall not be called in question.
 211

Clause 4. (1) This clause lays down that the provisions of section 3 will not apply to
the slaughter of diseased, or under experimentation cows, bulls or
bullocks.

(2) This sub-clause lays down that the person who slaughters diseased
cows, bulls or bullocks should inform the competent authority of the
same.

(3) This sub-clause prescribes the manner under which the carcass of the
cow, bull or bullock slaughtered under this section may be buried or
disposed.

Clause 5. This clause prohibits the sale or transport of beef or beef products except
for medicinal purposes.

Clause 6. This clause prescribes that institutions for taking care of uneconomic
cows be established by Government or by any local authority if so
directed by Government.

Clause 7. This clause empowers the Government or the local authority, as the case
may be, to levy fees for keeping uneconomic cows in the institution.

Clause 8. (1) This clause prescribes the penalties that can be inflicted upon persons
who contravene the provisions of section 3 or 5 of the Act.

(2) This sub-clause prescribes the penalties that can be inflicted upon
persons who contravene the provisions of sub-section (2) of section 4.

(3) This sub-clause lays down that in a trial under this Act, the accused
has to prove that the slaughtered cow was suffering from contagious or
infectious disease.

Clause 9. This clause lays down that offences punishable under sub-section (1) of
section 8 shall be cognizable and non-bailable.

Clause 10. This clause empowers the Government to make rules for carrying out the
purposes of the Act.
_______
 212

THE PUDUCHERRY MUNICIPAL DECREE (AMENDMENT) ACT, 1968

(No. 4 of 1968)

Repealed by Puducherry Municipalities Act, 1973 (Act No. 9 of 1973).

________
 213

THE PUDUCHERRY (APPLICATION OF MOTOR

VEHICLES ACT) ORDER (AMENDMENT) ACT, 1968
(No. 9 of 1968)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement.
2. Amendment of the Puducherry (Application of Motor Vehicles
Act) Order, 1959.

THE PUDUCHERRY (APPLICATION OF

MOTOR VEHICLES ACT) ORDER (AMENDMENT) ACT, 1968
(Act No. 9 of 1968)

16th May, 1968.

AN ACT

to amend the Puducherry (Application of Motor Vehicles Act) Order, 1959.

WHEREAS it is expedient to amend the Puducherry (Application of Motor

Vehicles Act) Order, 1959, for the purpose hereinafter appearing:

BE it enacted by the Legislative Assembly of Puducherry in the Nineteenth

Year of the Republic of India as follows: -

Short title and commencement.

1. (1) This Act may be called the Puducherry (Application of Motor Vehicles
Act) Order (Amendment) Act, 1968.
(2) It shall come into force at once.

Amendment of the Puducherry (Application of Motor Vehicles Act)

Order, 1959.

2. In the Puducherry(Application of Motor Vehicles Act) Order, 1959,--

(a) in paragraph 2, in sub-paragraph (1), --
(i) in clause (a), the word “and” shall be inserted at the end;
(ii) clause (b) shall be omitted;

(b) in paragraph 4, for the words “shall, except in so far as such laws relate to the
levy of any fee, cease to have effect”, the words “shall cease to have effect” shall be
substituted.
______
 214

THE PUDUCHERRY MONTS DE PIETE INSTITUTIONS (ABOLITION) ACT,

1969
(No. 4 of 1969)

ARRANGEMENT OF SECTIONS

SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Abolition of the Monts de Piete Institutions.
4. Protection of action taken in good faith.
5. Repeals and savings.
______
THE PUDUCHERRY MONTS DE PIETE
INSTITUTIONS (ABOLITION) ACT, 1969
(Act No. 4 of 1969)
7th June, 1969.
AN ACT
to provide for the abolition of the Monts de Piete Institutions in the Union
territory of Puducherry and for matters connected therewith

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth Year

of the Republic of India as follows: --
Short title, extent and commencement

1. (1) This Act may be called the Puducherry Monts de Piete Institutions
(Abolition) Act, 1969.
(2) It extends to the whole of the Union territory of Puducherry.
1(3) It shall come into force on such date as the Government may, by

notification in the Official Gazette, appoint.

2. In this Act, “Government” means the Administrator appointed by the
President under article 239 of the Constitution.

Abolition of the Monts de Piete Institutions

3. On the commencement of this Act, the Monts de Piete Institutions set up

under the Ordinance dated the 1st May, 1827 and the Arretes dated the 29 th July
1907, the 9th October, 1929 and the 14 th June, 1946 shall stand abolished.

1. This Act came into force from 1st August 1969, vide Extraordinary Gazette No. 85, dated 30th July 1969.
 215

Protection of action taken in good faith

4. No suit or other legal proceedings shall lie against the Government or any
person authorised by the Government for performing any functions in the
implementation of the provisions of this Act, for anything which is in good faith
done or intended to be done under this Act.
Repeals and savings

5. (1) The Ordinance dated the 1st May, 1827 and the Arretes dated the 29 th
July, 1907, the 9th October, 1929 and the 14 th June, 1946 are hereby repealed.

(2) Notwithstanding anything contained in sub-section (1), every

proceeding or transaction pending under the provisions of the Ordinance or the
Arretes referred to in that sub-section immediately before the commencement of
this Act shall, after such commencement stand transferred to the 1 [Deputy Collector
(Revenue)], Puducherry, or the 1 [Tahsildars or Deputy Tahsildars] of the respective
regions, as the case may be, and such proceeding or transaction shall be disposed of
in accordance with the provisions of the said Ordinance or the Arretes as if this Act
had not been passed.
______

STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1969

The object of this Bill is only to effect the change in the designations of the
Officers “Chief of the Contributions Department” and the “Revenue Delegates”
consequent on the reorganisation of the Revenue Department.

_________

1. Substituted by Act 19 of 1970, section 2, with effect from 21-7-1970.

 216

THE PUDUCHERRY BUILDINGS (LEASE AND

RENT CONTROL) ACT, 1969
(No. 5 of 1969)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Act not apply to certain premises.
4. Notice of vacancy.
4 A. Release of building.
5. Fixation of fair rent.
6. Change in fair rent in what cases admissible.
7. Landlord not to claim or receive anything in excess of fair rent or
agreed rent.
8. Landlord liable to give receipt for rent or advance.
9. Right of tenant to deposit rent into certain cases.
10. Eviction of tenants.
11. Payment or deposit of rent during the pendency of proceeding for
eviction.
12. Recovery of possession by landlord for repairs or for reconstructing
of building in respect of which the Government shall be deemed to
be the tenant.
13. Authorised Officer to give notice to landlord in certain cases.
14. Recovery of possession by landlord for repairs or for reconstruction.
15. Tenant to re-occupy after repairs.
16. Tenant to occupy if the building is not demolished.
17. Landlord not to interfere with amenities enjoyed by the tenant.
18. Execution of orders.
19. Decisions which have become final not to be reopened.
20. Orders of Controller to be pronounced in open Court.
21. Conversion into non-residential buildings.
22. Failure by landlord to make necessary repairs.
23. Appeal.
24. Costs.
25. Revision.
 217

26. Orders under the Act to be binding on the sub-tenants.

27. Proceedings by or against legal representatives.
28. Summons to witnesses.
29. Exemption.
30. Certified extracts from Property Tax Assessment Register.
31. Landlord and tenant to furnish particulars.
32. Penalties.
33. Power to make rules.
34. Indemnity.
35. Power to remove difficulties.

______
 218

THE PUDUCHERRY BUILDINGS (LEASE

AND RENT CONTROL) ACT, 1969
(Act No. 5 of 1969)

AN ACT

to regulate the letting of residential and non-residential Buildings and the

control of rents of such buildings and the prevention of
unreasonable eviction of tenants therefrom in the Union territory of
Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieeth

Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Buildings (Lease and Rent
Control) Act, 1969.
(2) It shall extend to the whole of the Union territory of Puducherry.
1 (3) It shall come into force on such date as the Government may, by

notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of
this Act and for different areas and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into force
of that provision.
*[(4) Omitted]
Definitions

2. In the Act, unless the context otherwise requires, ---

(1) “accommodation appellate authority” means an officer appointed, by
notification in the Official Gazette, to function as accommodation appellate
authority under this Act;
(2) “appellate authority” means an appellate authority appointed under sub-
section (1) of section 23;

1. The Act came into force from 1 st August 1969, vide Extraordinary Gazette No. 88 dated 1-8-1969.
* Omitted by Act No.8 of 1980 and the Act came into force w.e.f 30.07.1980 vide E.G. No.95 dated
30.07.1980.
 219

(3) “authorised officer” means any officer authorised by the Government

under sub-section (1) of section 4;

(4) “building” means any building or hut or part of a building or hut, let or to
be let separately for residential or non-residential purpose and includes –
(a) the garden, grounds and out-houses, if any, appurtenant to such
building, hut or part of such building or hut and let or to be let along with
such building or hut;
(b) any furniture supplied by the landlord for use in such building or
hut or part of a building or hut, but does not include a room in a hotel or
boarding house;

*[(5) “Controller” means any person appointed by the Government, by

notification in the Official Gazette to exercise the powers and perform the functions
of a Controller under this Act for such area as may be specified in the notification];

(6) “Government” means the Administrator of the Union territory appointed

by the President under article 239 of the Constitution;

(7) “landlord” includes the person who is receiving or is entitled to receive

the rent of a building, whether on his own account or on behalf of any other or on
behalf of himself and others or as an agent, trustee, executor, administrator, receiver
or guardian or who would so receive the rent, or be entitled to receive the rent, if
the building were let to a tenant;

Explanation. – A tenant who sub-lets shall be deemed to be a landlord

within the meaning of this Act in relation to the sub-tenant.

*[(7-a). ”member of his family” in relation to a landlord means his spouse, and
dependent children];

(8) “prescribed” means prescribed by rules made under this Act;

(9) “repairs” means the restoration of a building to a sound or good state

after decay or injury but does not include additions, improvements or alterations
except in so far as they are necessary to carry out such restoration;

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980.
 220

*[ (10) “tenant” means any person by whom or on whose account rent is

payable for a building and includes the surviving spouse, or any son, or daughter,
or the legal representative of a deceased tenant who ---
(i) in the case of a residential building, had been living with the tenant in
the building as a member of the tenant’s family upto the death of the tenant,
and
(ii) in the case of a non-residential building, had been in continuous
association with the tenant for the purpose of carrying on the business of the
tenant upto the death of the tenant and continues to carry on such business
thereafter, and a person continuing in possession after the termination of the
tenancy in his favour, but does not include a person placed in occupation of a
building by its tenant or a person to whom the collection of rents or fees in a
public market, cart-stand or slaughter-house or of rents for shops has been
farmed out or leased by Municipalities or Village or Commune Panchayats;]

(11) “Union territory” means the Union territory of Puducherry.

Act not to apply to certain premises

3. Nothing in this Act shall apply ---

(a) to any premises belonging to the Government; or
(b) to any tenancy or other like relationship created by a grant from the
Government in respect of the premises taken on lease or requisitioned, by the
Government.
Notice of vacancy

4. (1) (a) (i) Every landlord shall, within seven days after the building
becomes vacant ---
(A) by his ceasing to occupy it, or
(B) by the termination of the tenancy, or
(C) by eviction of tenant or

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980.
 221

(D) Where any such building has been requisitioned under any law for the time
being in force other than this Act, by release from such requisition,
give notice of the vacancy in writing to the officer authorised in that behalf by the
Government.
(ii) Every tenant shall, within seven days after the building becomes vacant,
by his ceasing to occupy it or by the termination of his tenancy give notice of the
vacancy in writing to the officer authorised in that behalf by the Government.

Explanation I. --- A Landlord who, having obtained possession ---

(i) of a residential building under sub-section (3) of section 10 lets the
*[whole or part] or part of it to a tenant,
(ii) of a non-residential building under sub-section (3) of section 10
lets the whole or part of it to a tenant,
shall be deemed to have failed to give notice under this section.

Explanation II – A buyer ---

(i) who having obtained vacant possession of a building in pursuance
of a sale of such building, lets the *[whole or part] of it to a tenant, or
allows the *[whole or part] of it to be occupied by an person; or
(ii) who, without obtaining such vacant possession, allows the seller
to occupy the whole of the building,
shall be deemed to have failed to give notice under this section.

(b) Every notice given under clause (a) shall contain such particulars as may be
prescribed.

(2) Where the tenant of a building puts an other person in occupation thereof
and does not re-occupy it within a person of three months, then, on the expiry of
such period, the tenancy shall be deemed to have been terminated and it shall be
the duty of the tenant, and also of the landlord if he is aware of such termination, to
give notice thereof in writing to the authorised officer within seven days of such
termination:

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980.
 222

Provided that where the tenant obtains written permission from the authorised
officer to re-occupy the building within a period of six months, this sub-section
shall have effect as if for the period of three months specified therein a period of six
months were substituted.

Explanation. – This sub-section shall not apply where the building has been
sub-let by a tenant entitled to do so, after giving due notice to the authorised officer
under sub-section (1) and in conformity with the provisions of this section.

(3) *[If within ten days of the receipt by the authorised officer of a notice
from the landlord under sub-section (1),] or sub-section (2), the Government or the
authorised officer do or does not intimate to the landlord in writing that the
building is required for the purposes of the Government of the Union territory or a
State or Central Government or of any local authority or of any public institution
under the control of any such Government or for the occupation of any officer of
such Government, the landlord shall be at liberty to let the building to any tenant or
to occupy it himself.

*[(3-A) The Government may, on the application made by the landlord,

within fifteen days from the date of the communication of the intimation by the
authorised officer under sub-section (3) rectify any error apparent on the face of the
record].

(4) Where intimation is given under sub-section (1), the landlord shall not let
the building to a tenant or occupy it himself, or use or permit the use of the building
in any manner by any other person before the expiry of the period of *[ten days]
specified in sub-section (3), unless in the meantime he has received intimation from
the authorised officer that the building is not required for the purposes, or for
occupation by any of the officers, specified in that sub-section.

(5) If the building is required for any of the purpose, or for occupation by any
of the officers specified in sub-section (3), the landlord shall deliver possession of
the building and the fixtures and fittings in or on the buildings, in good tenantable
repairs and condition, to the authorised officer, or to the allottee named by the
authorised officer, as the case may be, and the Government shall be deemed to be
the tenant of the landlord, with retrospective effect from the date on which the
authorised officer received notice under sub-section (1) or sub-section (2), the terms
of the tenancy being such as may be agreed upon between the landlord and the
tenant and in default of an agreement, as may be determined by the Controller:

* Substituted by Act No.8 of 1980 which came into force w.e.f 30.07.1980 vide E.G. No.95 dated 30.07.1980.
 223

Provided that where the landlord fails to deliver possession of the building
to the authorised officer within forty-eight hours of the receipt of the intimation that
the building is required for any of the purposes, or for occupation by any of the
officers specified in sub-section (3), or within such further time as the authorised
officer may, by order in writing, allow, the Government shall be deemed to be the
tenant of the landlord only from the date on which he delivers passions:

Provided further that where owing to any omission or act or obstructive or

preventive tacties on the part of the landlord there has been delay in coming to a
decision whether or not the building is required for any of the purposes, or for
occupation by any of the officers specified in sub-section (3), the Government shall
be deemed to be the tenant of the landlord only from such other date as may be
fixed by the authorised officer having regard to the circumstances of each case:

Provided also that the rent payable shall be the fair rent, if any, fixed for the
building under the provisions of this Act; and if no fair rent has been so fixed, such
reasonable rent as the authorised officer may determine, in such manner as may be
prescribed:

Provided also that the reasonable rent fixed by the authorised officer under
the foregoing proviso shall be subject to such fair rent as may be fixed by the
Controller.

Explanation. – Where before the fixation of fair rent, rent has been paid in
excess thereof, the refund or adjustment shall have retrospective effect from the
date on which the Government shall be deemed to be the tenant of the landlord,
provided the application for fixation of fair rent is made within a period of ninety
days from such date; where such application is made after the said period of ninety
days, the refund or adjustment shall be limited to the amount paid in excess for the
period commencing on the date of application by the tenant or landlord for the
fixation of fair rent and ending with date of such fixation:

Provided also that on the delivery of possession of the building, the allottee
shall pay rent to the landlord proportionately for any part of the calendar month of
his occupation, and in advance on or before the 5 th day of each calendar month:

Provided also that no structural alterations shall be made in the building,

unless the consent of the landlord is obtained therefor.
 224

(6) If, in the case of a residential building the possession of which has been
delivered to the authorised officer under sub-section (5) and in the occupation of an
officer of the Union territory or a State or Central Government, the fair rent is
subsequently fixed at an amount not exceeding twenty-five rupees per month, the
said officer shall be deemed to have become the tenant of the landlord on the date
on which such fair rent is fixed on the same terms, except as to rent, as obtained
between the landlord and the Government on the said date.

(7) In case not falling under sub-section (5), where the landlord lets the
building to any tenant after giving notice to the authorised officer under sub-section
(1) or sub-section (2) and without having occupied the building himself, or used or
permitted the use of the building in any manner by any other person, the tenancy
shall be deemed to have been antedated by the number of days during which the
landlord was prohibited from letting the building to any tenant by virtue of sub-
section (4) and the tenant shall be liable to pay rent for those days also.

(8) (a) Where a landlord has two or more residential buildings in the same
Commune and they have not been already let by him, then within fifteen days from
the date on which this Act comes into force in the said Commune or part thereof, or
from the date on which the landlord commenced to have more than one such
building, whichever is later, the landlord may choose any one of such buildings for
his own occupation and shall give notice to the authorised officer of the building so
chosen by him and of every other building not so chosen.
(b) When giving notice as aforesaid, the landlord shall also specify therein ---
(i) whether he requires any such building for the occupation of any
member of his family or any dependant of his and, if so, where the member of
dependant, as the case may be, is residing and the necessity for any change of
residence; and
(ii) such other particulars as may be prescribed.
(c) The authorised officer may, if he is satisfied that the residential
building is required bona fide for the occupation of any member of the family of
the landlord or of any of his dependants, make an order permitting the landlord to
allow such member or dependant, as the case may be, to occupy the residential
building for a specified or an unspecified period; and if the authorised officer is not
so satisfied, he shall make an order refusing such permission.
(d) Any landlord who is aggrieved by any order passed by the authorised
officer under clause (c) may, within seven days from the date of receipt of such
order, prefer an appeal in writing to the accommodation appellate authority; and
the said authority shall, after such enquiry as it may consider necessary, pass such
orders on the appeal as it may think fit. On such appeal being preferred, the said
 225

authority may order stay of further proceedings in the matter pending decision on
the appeal.

(e) (i) Every notice given by the landlord under clause (a) shall, in so far as it
relates to any residential building other than the one chosen by him for his own
occupation, be deemed to be a notice under sub-section (1).
(ii) If, the case of a residential building governed by clause (b), the notice
specified that the residential building is required for the purposes mentioned in
sub-clause (i) of that clause, the provisions of sub-section (3) shall apply as if the
notice had been given by the landlord under sub-section (1) immediately after the
lapse of the period of seven days from the date of receipt by the landlord of the
order passed by the authorised officer, or if an appeal has been preferred to the
accommodation appellate authority against that order within that period, as if
notice had been given as aforesaid by the landlord on the date of the order passed
on the appeal.

(9) (a) (i) Any officer empowered by the Government in this behalf may
summarily dispossess any landlord, tenant or other person occupying any building
in contravention of the provisions of this section or any landlord who fails to
deliver to the Government possession of any building in accordance with the
provisions of sub-section (5) and may take possession of the building including any
portion thereof which may have been sub-let. The Government shall be deemed to
be the tenant of such building with effect from the date of taking such possession.
(ii) Any such officer as is referred to in sub-clause (i) may summarily
dispossess any officer, local authority or public institution continuing to occupy, or
failing to deliver possession of, any building in respect of which the Government
shall be deemed to be the tenant by virtue of this section, after the termination of his
or its licence to occupy such building and take possession of the building including
any portion thereof which may have been sub-let:
Provided that in cases where any landlord has been refused permission for
the occupation of a building under clause (c) of sub-section (8), not less than seven
days notice shall be given before action is taken under this sub-section.
(b) If free access to the building is not afforded to the officer empowered
under sub-clause (i) of clause (a), he may at any time after sunrise and before
sunset, and after giving reasonable warning and facility to withdraw to any woman
not appearing in public according to the customs of the country, remove or open
any lock or bolt or break open any door or do any other act necessary for effecting
such dispossession.
 226

(c) Any landlord tenant or other person or any officer, local authority or public
institution liable to be summarily dispossessed under clause (a), shall pay to the
Government ---
(i) the fair rent payable for the building under provisions of this Act for
the period of his occupation or possession thereof as described in that clause,
and
(ii) the expenses, if any, incurred by the Government in effecting such
summary dispossession, as determined by them (which determination shall be
final).

*[(d) (i) If the authorised officer who takes possession of the building under
clause (a), is of the opinion that the building is not in a tenantable condition, he may
prepare or cause to be prepared an estimate of the repairs necessary including
white-washing to make the building tenantable and give notice to the landlord to
carry out the repairs within a reasonable time;
(ii) If the landlord fails to make necessary repairs to the building within such
reasonable time, the authorised officer may make such repairs including white-
washing or allot the building subject to the condition that the allot the building
subject to the condition that the allotee shall carry out the repairs including white-
washing according to the aforesaid estimate and deduct the cost of such repairs
from the rent payable to the landlord in such monthly instalments as may be
specified by the authorised officer:
Provided that in no case such monthly instalment shall exceed one-half of the
monthly rent payable by the tenant].

(10) Nothing contained in this section shall apply ---

(a) to a residential building, the monthly rent of which does not exceed
twenty-five rupees; or
(b) to a non-residential building, the monthly rent of which does not
exceed fifty rupees; or

* Inserted by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 227

(c) to a residential building, a part only of which is occupied by the full

owner and the whole or any portion of the remaining part of such building is
let to any tenant.

Provided that this clause shall not apply to any building, if –

(i) the portions occupied by the full owner and the tenant are self-
contained and separate units;
(ii) the full owner does not actually occupy the building for residential
purposes; or
(iii) the full owner is in actual occupation of another residential
building;or]
(d) to any building or buildings in the same Commune owned by any
company, association or firm, whether incorporated or not, and bona fide
intended solely for the occupation of its officers, servants or agents.

Explanation. – In clause (c) “full owner” means a person entitled to the

absolute proprietorship of the building.

Release of building

*[ 4-A. (1) A landlord may apply to the authorised officer for the release of the
building in respect of which a notice has been given under sub-section (1) of section
4 or in respect of which, the Government are, under sub-section (5) of section 4
deemed to be the tenant if ---

(a) in the case of a residential building, the landlord requires it for his
own occupation or for the occupation of any member of his family and the landlord
or the member of his family is not occupying any residential building of his own in
the city, town or village concerned;

(b) in the case of a non-residential building which is used for the purpose
of keeping a vehicle or adapted for such use, the landlord requires it for his own use
or for the use of any member of his family and the landlord or the member of his
family is not using any such building of his own in the city, town or village
concerned;

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 228

(c) in the case of any non-residential building other than the non-
residential building mentioned in clause (b), the landlord or any other member of
his family requires it for the purpose of his business and the landlord or the
member of his family does not occupy any such non-residential building of his own
for the purpose of his business in the city, town or village concerned; or
(d) the building, whether residential or non-residential whose landlord is
a religious, charitable, educational or other public institution, is required for the
purpose of such institution.

(2) The authorised officer, may, if he is satisfied that the claim of the landlord
is bona fide and reasonable make an order releasing the building subject to such
conditions and restrictions as may be think fit and if he is not so satisfied, make an
order rejecting the application made under sub-section (1).

(3) Any person who is aggrieved by an order passed by the authorised officer
under sub-section (2) may, within fifteen days from the date of receipt of such
order, prefer an appeal to the Government and the Government shall pass such
order as they deem fit and on such appeal being preferred, the Government may
order stay of further proceedings in the matter pending decision on the appeal.

(4) A building released in pursuance of an order made under sub-section (2)

shall, within thirty days of the date of the receipt of the order or such further period
as may be allowed by the authorised officer, be occupied by the landlord or by the
member of his family for whose occupation the building was required to be
released or shall be put to such use for which the release was obtained.

(5) Where a building released under sub-section (2) has not been occupied by
the landlord or by the member of his family or has not been put to such use for
which the release was obtained within the period specified in sub-section (4), but is
either let out or kept vacant the whole or any part of the building, or put to use for a
purpose other than the one for which the release was obtained, such building shall
be deemed to have become vacant from the date of the expiry of the period
specified in sub-section (4) and the provisions of sub-sections (1), (3), (4), (5), (7) and
(9) of section 4 shall apply to such buildings].
 229

Fixation of fair rent

*[5. (1) The Controller shall on application made by the tenant or the landlord of
a building and after holding such enquiry as he thinks fit, fix the fair rent for such
building in accordance with the principles set out in the following sub-sections.

(2) The fair rent for any residential building shall be nine per cent gross
return per annum on the total cost of such building.

(3) The fair rent for any non-residential building shall be twelve per cent
gross return per annum on the total cost of such building.

(4) The total cost referred to in sub-section (2) and sub-section (3) shall
consist of the market value of the site in which the building is constructed, the cost
of construction of the building and the cost of provision of any one or more of the
amenities specified in Schedule I as on the date of application for fixation of fair
rent:

Provided that while calculating the market value of the site in which the
building is constructed, the Controller shall take into account only that portion of
the site on which the building is constructed and of a portion upto fifty per cent
thereof of the vacant land, if any, appurtenant to such building, the excess portion
of the vacant land, being treated as amenity:

Provided further that the cost of provision of amenities specified in Schedule I

shall not exceed --
(i) in the case of any residential building, fifteen per cent; and
(ii) in the case of any non-residential building, twenty-five per cent of
the cost of site in which the building is constructed and the cost of
construction of the building as determined under this section.

(5) (a) The cost of construction of the building including cost of internal
water-supply, sanitary and electrical installations shall be determined with due
regard to the rates adopted for the purpose of estimation by the Public Works
Department of the Government for the area concerned. The Controller may, in
appropriate cases, allow or disallow an amount not exceeding thirty per cent of the
cost of construction having regard to the nature of construction of the building.

* Substituted by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 230

(b) The Controller shall deduct from the cost of construction determined
in the manner specified in clause (a), depreciation calculated at the rates specified in
Schedule II].

Change in fair rent in what cases admissible

6. (1) When the fair rent of a building has been fixed *[or refixed] under this
Act, no further increase in such fair rent shall be permissible except in cases where
some addition, improvement or alteration has been carried out at the landlord’s
expense and if the building is then in the occupation of a tenant, at his request:

Provided that the fair rent as increased under this sub-section shall not
exceed the fair rent payable under this Act for a similar building in the same locality
with such addition, improvement or alternation and it shall not be chargeable until
such addition, improvement or alteration has been completed:

Provided further that any dispute between the landlord and the tenant in
regard to any increase claimed under this sub-section shall be decided by the
Controller.

(2) Where, after the fair rent of a building has been fixed under this Act, there
is a decrease or diminution in the accommodation or amenities provided, the tenant
may claim a reduction in the fair rent as so fixed:

Provided that any dispute between the landlord and the tenant in regard to
any reduction so claimed shall be decided by the Controller.

*[(3) Where the fair rent of any building has been fixed before the date of the
commencement of the Puducherry Buildings (Lease and Rent Control)
(Amendment) Act, 1980, the landlord or the tenant may apply to the Controller to
refix the fair rent in accordance with the provisions of section 5 and on such
application, the Controller may refix the fair rent.]

Landlord not to claim or receive anything in excess of

fair rent or agreed rent

7. (1) Where the controller has fixed *[or refixed] the fair rent of a building -

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 231

(a) the landlord shall not claim, receive or stipulate for the payment of (i)
any premium or other like-sum in addition to such fair rent, or (ii) save as provided
in section 6, anything in excess of such fair rent;
Provided that the landlord may receive, or stipulate for the payment of, an
amount not exceeding one month’s rent, by way of advance;
(b) save as provided in clause (a), any premium or other like-sum or any rent
paid in addition to, or in excess of, such fair rent, whether before or after the date of
commencement of this Act, in consideration of the grant, continuance or renewal of
the tenancy of the building after the date of such commencement, shall be refunded
by the landlord to the person by whom it was paid or at the option of such person,
shall be otherwise adjusted by the landlord:
*[Provided that where before the fixation or refixation of the fair rent, rent
has been paid in excess thereof, the refund or adjustment shall be limited to the
amount paid in excess for the period commencing on the date of the application by
the tenant or landlord under sub-section (1) of section 5 or sub-section (3) of section
6, as the case may be, and ending with the date of such fixation or refixation].

(2) Where the fair rent of a building has not been so fixed ---
(a) the landlord shall not claim, receive or stipulate for the payment of, any
premium or other like-sum in addition to the agreed rent:
Provided that the landlord may receive, or stipulate for the payment of, an
amount not exceeding one month’s rent, by way of advance;
(b) save as provided in clause (a), any sum paid in excess of the agreed rent,
whether before or after the date of the commencement of this Act, in consideration
of the grant, continuance or renewal of the tenancy of the building after the date of
such commencement, shall be refunded by the landlord to the person by whom it
was paid or, at the option of such person, shall be otherwise adjusted by the
landlord.

(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall

be null and void.

*[Landlord liable to give receipt for rent or advance

8. (1) Every landlord who receives any payment towards rent or advance shall
issue a receipt duly signed by him for the actual amount of rent or advance received
by him].

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 232

(2) Where a landlord refuses to accept or evades the receipt of any rent lawfully
payable to him by a tenant in respect of any building, the tenant may, by notice in
writing, require the landlord to specify within ten days from the date of receipt of
the notice by him, a bank into which the rent may be deposited by the tenant to the
credit of the landlord:

Provided that such bank shall be one situated in the Commune in which the
building is situated or if there is no such bank in such Commune, the nearest bank.

Explanation. – It shall be open to the landlord to specify from time to time by

written notice to the tenant and subject to the proviso aforesaid, a bank different
from the one already specified by him under this sub-section.

(3) If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent
in the bank and shall continue to deposit in it any rent which may be subsequently
become due in respect of the building.

(4) If the landlord does not specify a bank as aforesaid, the tenant shall remit the
rent to the landlord by money order, after deducting the money order commission.

(5) If the landlord refuses to receive the rent remitted by money order under
sub-section (4), the tenant may deposit the rent before the Controller and continue
to deposit with him any rent which may subsequently become due in respect of the
building.

Right of tenant to deposit rent in certain cases

9. (1) Where the address of the landlord or his authorised agent is not known to
the tenant, he may deposit the rent lawfully payable to the landlord in respect of the
building, before the Controller in such manner as may be prescribed, and continue
to deposit any rent which may subsequently become due in respect of the building,
before the Controller and in the same manner until the address of the landlord or
his authorised agent becomes known to the tenant.

(2) The amount deposited under sub-section (3) or under sub-section (5) of
section 8, or under sub-section (1) of this section may, subject to such conditions as
may be prescribed, be withdrawn by the person held by the Controller to be
entitled to the amount on application made by such person to the Controller in that
behalf.
 233

(3) Where any bona fide doubt or dispute arises as to the person who is
entitled to receive the rent for any building, the tenant may deposit such rent before
such authority and in such manner as may be prescribed and shall report to the
Controller the circumstances under which such deposit was made by him and may
continue to deposit any rent which may subsequently become due in respect of the
building before the same authority and in the same manner until the doubt is
removed or the dispute is settled by the decisions of a competent Court or by a
settlement between the parties or until the Controller makes an order under clause
(b) of sub-section (4), as the case may be.

(4) (a) The Controller to whom a report is made under sub-section (3) shall, if
satisfied that a bona fide doubt or dispute exists in the matter, direct that, pending
removal of the doubt or settlement of the dispute as aforesaid, the deposit be held
by the authority concerned.
(b) If the Controller is not so satisfied, he shall forthwith order payment of
the amount deposited to the landlord.

(5) Where the Controller passes an order under clause (a) of sub-section (4),
any amount deposited under sub-section (3) may be withdrawn only by the person
who is declared by a competent Court to be entitled thereto, or in case the doubt or
dispute is removed by settlement between the parties, only by the person who is
held by the Controller to be entitled to the amount or amounts in accordance with
such settlement.
Eviction of tenants

10. (1) A tenant shall not be evicted whether in execution of a decree or

otherwise except in accordance with the provisions of this section or sections 14 to
16;
Provided that where the tenant denies the title of the landlord or claims right
of permanent tenancy, the Controller shall decide whether the denial or claim is
bona fide and if he records a finding to that effect, the landlord shall be entitled to
sue for eviction of the tenant in a Civil Court and the Court may pass a decree for
eviction on any of the grounds mentioned in the said sections, notwithstanding that
the Court finds that such denial does not involve forfeiture of the lease or that the
claim in unfounded.
(2) A landlord who seeks to evict his tenant shall apply to the Controller for a
direction in that behalf. If the Controller, after giving the tenant a reasonable
opportunity of showing cause against the application, is satisfied ---
(i) that the tenant has not paid or tendered the rent due by him in respect of
the building, within fifteen days after the expiry of the time fixed in the agreement
of tenancy with his landlord or in the absence of any such agreement, by the last
day of the month next following that for which the rent is payable, or
 234

(ii) that the tenant has after the commencement of this Act without the written
consent of the landlord ---
(a) transferred his right under the lease or sub-let the entire building
or any portion thereof, it the lease does not confer on him any right to do
so, or
(b) used the building for a purpose other than that for which it was
leased, or
(iii) that the tenant has committed or caused to be committed such acts of
waste as are likely to impair materially the value of utility of the buildings, or
(iv) that the tenant has been convicted under any law for the time being in
force of an offence of using the building or allowing the building to be used for
immoral or illegal purposes, or
(v) that the tenant has been guilty of such acts and conduct which are a
nuisance to the occupiers of other portions in the same building or of buildings in
the neighbourhood, or
(vi) that the tenant has ceased to occupy the building for a continuous period
of four months without reasonable cause, or
(vii) that the tenant has denied the title of the landlord or claimed a right of
permanent tenancy and that such denial or claim was not bona fide,
the Controller shall make an order directing the tenant to put the landlord in
possession of the building and if the Controller is not so satisfied, he shall make an
order rejecting the application:

Provided that in any case falling under clause (i) if the Controller is satisfied
that the tenant’s default to pay or tender rent was not wilful, he may,
notwithstanding anything contained in section 11, given the tenant a reasonable
time, not exceeding fifteen days, to pay or tender the rent due by him to the
landlord up to the date of such payment or tender and on such payment or tender,
the application shall be rejected.
*[Explanation. – For the purpose of this sub-section, default to pay or tender
rent shall be construed as wilful, if the default by the tenant in the payment or
tender of rent continues after the issue of two months’ notice by the landlord
claiming the rent].

(3) (a) A landlord may, subject to the provisions of clause (d), apply to the
Controller for an order directing the tenant to put the landlord in possession of the
building ---

* Amended vide Act No. 8 of 1980 w.e.f 30.07.1980 vide EG No. 95 dt. 30.07.1980.
 235

(i) in case it is a residential building, if the landlord requires it for his own
occupation or for the occupation of *[any member of his family] is not occupying a
residential building of his own in the Commune concerned;
(ii) in case it is a non-residential building which is used for the purpose of
keeping a vehicle or adapted for such use, if the landlord requires it for his own use
or for the use of *[any member of his family] and if he or *[any member of his
family] is not occupying any such building of his own in the Commune concerned;

(iii) in case it is any other non-residential building, if the landlord or *[any

member of his family] is not occupying for purposes of a business which he or *[any
member of his family] his carrying on a non-residential building of his own in the
Commune concerned:
Provided that a person who becomes a landlord after the commencement of
the tenancy by an instrument inter vivos shall not be entitled to apply under this
clause before the expiry of three months from the date on which the instrument was
duly executed:
Provided further that where a landlord has obtained possession of a building
under this clause, he shall not entitled to apply again under this clause –

(i) in case he has obtained possession of a residential building, for

possession of another residential building of his own;
(ii) in case he has obtained possession of a non-residential building, for
possession of another non-residential building of his own.

(b) Where the landlord of a building whether residential or non-residential, is

a religious, charitable, educational or other public institution, it may, if the building
is required for the purposes of the institution, apply the Controller subject to the
provisions of clause (d), for an order directing the tenant to put the institution in
possession of the building.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 236

(c) A landlord who is occupying only a part of a building, whether

residential or non-residential may, notwithstanding anything contained in clause
(a), apply to the Controller for an order directing any tenant occupying the whole or
any portion or the remaining part of the building to put the landlord in possession
thereof, if he requires additional accommodation for residential purposes or for
purposes of a business which he is carrying on, as the case may be.

(d) Where the tenancy is for a specified period agreed upon between the
landlord and the tenant, the landlord shall not be entitled to apply under this sub-
section before the expiry of such period.

(e) The Controller shall, if he is satisfied that the claim of the landlord is bona
fide, make an order directing the tenant to put the landlord in possession of the
building on such date as may be specified by the Controller and if the Controller is
not so satisfied he shall make an order rejecting the application:

Provided that, in the case of an application under clause (c), the Controller shall
reject the application if he is satisfied that the hardship which may be caused to the
tenant by granting it will outweigh the advantage to the landlord:

Provided further that the Controller may give the tenant a reasonable time for
putting the landlord in possession of the building and may extend such time so as
not to exceed three months in the aggregate.

*[(3-A)(a) Where the landlord has been or is a member of the Armed Forces and
–
(i) is released or has retired from service and the building is bone fide
required for his residence; or
(ii) is stationed at a place where on account of military exigencies, he cannot
live with his family or dies on active duty and the building is bona fide required for
the residence of his family, the Controller shall, on application made by the
landlord or the member of his family, as the case may be, if he is satisfied that the
claim of the landlord or the member of his family is bona fide, pass an order
directing the tenant to put the landlord or the member of his family in possession of
the building and if the Controller is not so satisfied, he shall make an order rejecting
the application.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 237

(b) Notwithstanding anything contained in clause (a), where the landlord or

the member of his family produces a certificate from the prescribed authority under
the Indian Soldiers (Litigation) Act, 1925 (Central Act IV of 1925), that the landlord
is serving under special conditions within the meaning of section 3 of that Act, the
application referred to in clause (a) shall be disposed of, as far as may be, within a
period of one month and if the claim of the landlord or the member of his family is
accepted, the Controller shall pass an order directing the tenant to put the landlord
or the member of his family in possession of the building on such date as may be
specified in the order which shall not be later than one month from the date of such
order.

Explanation. --- For the purpose of this sub-section, "member of the Armed
Forces" means a person in the service of the Air Force, Army or Navy of the Union
of India and includes a seaman and "seaman" means every person including a
master, pilot or apprentice employed or engaged as a member of the crew of a ship
or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of
1958), applies:

Provided that if a question arises whether any person is a member of the

Armed Forces, such questions shall be decided by the Controller and his decision
shall be final.

(3-B) *[(a) Where a landlord who, ---

(i) being a person in occupation of any residential premises allotted to him
by the Central Government, State Government or any local authority, is required by
or in pursuance of any general or special order made by that Government or
authority, to vacate such residential accommodation or in default, to incur certain
obligations on the ground that he owns in the Union territory of Puducherry a
residential accommodation either in his own name or in the name of a member of
his family, or

(ii) being a person in the service of such Government or authority, at any

time, within one year prior to or within one year after the date of his retirement or
after his retirement but within one year of the date of commencement of the
Puducherry Buildings (Lease and Rent Control) Amendment Act, 1987, whichever
is later, applies to the Controller along with a certificate from the authority
competent to remove him from service indicating the date of his retirement and an
affidavit to the effect that he does not own and possess any other suitable
residential accommodation in the local area in which he intends to reside, in the
Union territory of Puducherry,

* Amended vide Act No.10 of 1987 w.e.f 7.12.87.

 238

either in his own name or in the name of a member of his family, to recover
possession of his residential building for his own occupation,]--- there shall accrue,
on and from the date of such order, *[or, as the case may be, such application] to
such landlord, notwithstanding anything contained elsewhere in this Act or in any
other law for the time being in force or in any contract (whether expressed or
implied), custom or usage to the contrary, a right to recover immediately possession
of any premises let out by him:

Provided that nothing in this section shall be construed as conferring a right

on a landlord owning, in the Union territory of Puducherry two or more dwelling
houses, whether in his own name or in the name of a member of his family, to
recover the possession of more than one dwelling house and it shall be lawful for
such landlord to indicate the dwelling house, possession of which he intends to
recover.

(b) Notwithstanding anything contained elsewhere in this Act or in any other

law for the time being in force or in any contract, custom or usage to the contrary,
where the landlord exercises the right of recovery conferred on him by clause (a),
no compensation shall be payable by him to the tenant or any person claiming
through or under him and no claim for such compensation shall be entertained by
any court, tribunal or other authority:

Provided that where the landlord had received any rent in advance from the
tenant, he shall, within a period of ninety days from the date of recovery of the
premises by him, refund to the tenant such amount as represents the rent payable
for the unexpired portion of the contract, agreement or lease:

Provided further that, if any default is made in making any refund as

aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent
per annum];
(4) No order for eviction shall be passed under sub-section (3) ---

(i) against any tenant who is engaged in any employment or class of

employment notified by the Government as an essential service for the purposes of
this sub-section, unless the landlord is himself engaged in any employment or class
of employment which has been so notified, or

(ii) in respect of any building which has been let for use as an educational
institution and is actually being used as such, provided that the institution has been
recognised by the Government or any authority empowered by them in this behalf
so long as such recognition continues.

* Amended vide Act No.10 of 1987 w.e.f 7.12.87.

 239

(5) (a) Where a landlord who has obtained possession of a building in pursuance
of an order under sub-section (3) *[or sub-section (3-A) or sub-section (3-B)] does
not himself occupy it within one month of the date of obtaining possession or
having so occupied it, vacates it without reasonable cause within six months of such
date, the tenant who has been evicted may apply to the Controller for an order
directing that he shall be restored to possession of the building and the Controller
shall make an order accordingly, notwithstanding anything contained in section 4.

(b) Where a tenant who is entitled to apply for possession under clause (a)
fails to do so within one month from the date on which the right to make the
application accrued to him, the Government or the authorised officer shall have
power, if the building is required for any of the purposes, or for occupation by any
of the officers specified in sub-section (3) of section 4 to give intimation to the
landlord that the building is so required and thereupon the provisions of sub-
sections (5) and (9) of section 4 shall apply to the building:

Provided that this clause shall not apply to a residential building the
monthly rent of which does not exceed twenty-five rupees or to a non-residential
building the monthly rent of which does not exceed fifty rupees.

(6) Where the Controller is satisfied that any application made by a landlord for
the eviction of a tenant is frivolous or vexatious, the Controller may direct that
compensation not exceeding fifty rupees be paid by such landlord to the tenant.

(7) Where an application under sub-section (2) or *[sub-section (3) or sub-section

(3-A) or sub-section (3-B)] for evicting a tenant has been rejected by the Controller,
the tenancy shall, subject to the provisions of this Act, be deemed to continue on the
same terms and conditions as before and shall not be terminable by the landlord
except on any of the grounds mentioned in sub-section (2) or sub-section (3) *[or
sub-section (3-A) or sub-section (3-B)]

Provided that nothing in this sub-section shall be deemed to prevent a

landlord who has made an application for evicting a tenant on any of the grounds,
mentioned in sub-section (2) or *[sub-section (3) or sub-section (3-A) or sub-section
(3-B)] from applying again, when the previous application is pending, to the
Controller for evicting the tenant on any of the other grounds mentioned in sub-
section (2) or *[sub-section (3)or sub-section (3-A) or sub-section (3-B)].

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 240

(8) Notwithstanding anything contained in this section, no person who is

receiving or is entitled to receive the rent of a building merely as an agent of the
landlord shall, except with the previous written consent of the landlord, be entitled
to apply for the eviction of the tenant.

Payment or deposit of rent during the pendency of

Proceeding for eviction

11. (1) No tenant against whom an application for eviction has been made by a
landlord under section 10 shall be entitled to contest the application before the
Controller under that section, or to prefer any appeal under section 23 against any
order made by the Controller on the application unless he has paid or pays to the
landlord, or deposits with the controller or the appellate authority, as the case may
be, all arrears of rent due in respect of the building up to the date of payment or
deposit, and continues to pay or to deposit any rent which may subsequently
become due in respect of the building until the termination of the proceedings
before the Controller or the appellate authority, as the case may be.

(2) The deposit of rent under sub-section (1) shall be made within the time
and in the manner prescribed.

(3) Where there is any dispute as to the amount of rent to be paid or

deposited under sub-section (1), the Controller or the appellate authority, as the
case may be, shall, on application made to him either by the tenant or by the
landlord and after making such enquiry as he deems necessary, determine
summarily the rent to be so paid or deposited.

(4) If any tenant fails to pay or to deposit the rent as aforesaid, the Controller
or the appellate authority, as the case may be, shall, unless the tenant shows
sufficient cause to the contrary, stop all further proceedings and made an order
directing the tenant to put the landlord in possession of the building.

(5) The amount deposited under sub-section (1) may, subject to such
conditions as may be prescribed, be withdrawn by the landlord on application
made by him in that behalf to the controller or the appellate authority, as the case
may be.
 241

Recovery of possession by landlord for repairs or for

reconstruction of building in respect of
which the Government shall be deemed to be the tenant

12. (1) Notwithstanding anything contained in this Act, on an application made

by a landlord of a building in respect of which the Government shall be deemed to
be the tenant, the authorised officer shall, if he is satisfied ---
(a) that the building is bona fide required by the landlord for carrying out the
repairs which cannot be carried out without the building being vacated, or
(b) the building is bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the purpose of
erecting a new building on the site of the building sought to be demolished.

pass an order directing the allottee to deliver possession of the building to the
landlord before a specified date.

(2) An order passed by the authorised officer under sub-section (1) directing the
allottee to deliver possession of the building to the landlord shall be subject to such
conditions and restrictions as may be prescribed.

(3) No order directing the allottee to deliver possession of the building shall be
passed by the authorised officer under sub-section (1) –
(a) on the ground specified in clause (a) of sub-section (1), unless the landlord
gives an undertaking that the building shall, on completion of the repairs, be
offered to a authorised officer before the expiry of three months from the date of
recovery of possession by the landlord or before the expiry of such further period as
the authorised officer may, for reasons to be recorded in writing, allow, for re-
allotment to any person named by the authorised officer, or
(b) on the ground specified in clause (b) of sub-section (1), unless the landlord
gives an undertaking that the work of demolishing any material portion of the
building shall be substantially commenced by him not later than one month, and
shall be completed before the expiry of three months from the date he recovers
possession of the entire building or before the expiry of such further period as the
authorised officer may, for reasons to be recorded in writing, allow.
 242

*[(3-A) (a) Any person aggrieved by an order passed by the authorised officer
under sub-section (1) may, within fifteen days from the date of receipt of such
order, prefer an appeal to the Government and the Government shall pass such
order, including extension of time for vacating the building, as they deem fit.
(b) On such appeal being preferred, the Government may order stay of
further proceedings pending decision on the appeal].

(4) Notwithstanding an order passed by the authorised officer under clause (a)
of sub-section (1) directing the allottee to deliver possession of the building, the
Government shall be deemed to continue to be the tenant, but the landlord shall not
be entitled to any rent for the period commencing on the date of delivery of
possession of the building by the allottee to the landlord and ending with the date
on which the building is offered to the authorised officer by the landlord in
pursuance of the undertaking under clause (a) of sub-section (3).

(5) Nothing contained in this section shall entitle the landlord who has
recovered possession of the building for repairs to convert a residential building
into a non-residential building or a non-residential building into a residential
buildings unless such conversion is permitted by the authorised officer at the time
of passing an order under clause (a) of sub-section (1).

(6) If, after the allottee has delivered possession, the landlord fails to
commence the work or repairs within one month from the date of such delivery
orfails to complete the work before the expiry of three months from the date of such
delivery or before the expiry of further period allowed under clause 9(a) of sub-
section (3) or having completed the work fails to offer the building to the authorised
officer, the authorised officer may suo motu or on application order the re-
allotment of the building to any person named by him and on such order being
made, the landlord and any other person who may be in occupation shall put the
allottee in possession of the building.

Authorised officer to give notice to landlord in certain cases

13. (1) Where an order directing delivery of possession has been passed by the
authorised officer under clause (b) of sub-section (1) of section 12 and the work of
demolishing any material portion of the building has not been substantially
commenced by the landlord within the period of one month in accordance with his
undertaking under clause (b) of sub-section (3) of section 12, the authorised officer
may give the landlord notice of his intention to re-

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 243

allot the building to any person named by him. If within fifteen days from the date
of receipt of such notice, the landlord does not offer the building to the authorised
officer, the authorised officer may re-allot the building to any person named by him
on the original terms and conditions and order the landlord to put such person in
possession of the building.

*[(2) Where in pursuance of an order passed by the authorised officer under

clause (b) of sub-section (1) of section 12, any building is totally demolished and a
new building is erected in its place, all the provisions of this Act shall cease to apply
to such new building for a period of five years from the date on which the
construction of such new building is completed and notified to the local authority
concerned].

Recovery of possession by landlord for repairs or

for construction

14. (1) Notwithstanding anything contained in this Act, but subject to the
provisions of sections 12 and 13, on an application made by a landlord, the
Controller shall, if he is satisfied ---
(a) that the building is bona fide required by the landlord for carrying out
repairs which cannot be carried out without the building being vacated, or
(b) that the building is bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the purpose of
erecting a new building on the site of the building sought to be demolished, pass an
order directing the tenant to deliver possession of the building to the landlord
before a specified date.

(2) No order directing the tenant to deliver possession of the building under this
section shall be passed ---
(a) on the ground specified in clause (a) of sub-section (1), unless the landlord
gives an undertaking that the building shall, on completion of the repairs, be
offered to the tenant, who delivered possession in pursuance of an order under sub-
section (1) for his re-occupation before the expiry of three months from the date of
recovery of possession by the landlord, or before the expiry of such further period
as the Controller may, for reasons to be recorded in writing, allow; or

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 244

(b) on the ground specified in clause (b) of sub-section (1), unless the
landlord gives an undertaking that the work of demolishing any material portion of
the building shall be substantially commenced by him not later than one months
and shall be completed before the expiry of three months from the date he recovers
possession of the entire building or before the expiry of such further period as the
Controller may, for reasons to be recorded in writing, allow.

(3) Nothing contained in this section shall entitle the landlord who has
recovered possession of the building for repairs to convert a residential building
into a non-residential building or a non-residential building into a residential
building unless such conversion is permitted by the Controller at the time of
passing an order under sub-section (1).

(4) Notwithstanding an order passed by the Controller under clause (a) of sub-
section (1) directing the tenant to deliver possession of the building, such tenant
shall be deemed to continue to be the tenant, but the landlord shall not be entitled
to any rent for the period commencing on the date of delivery of possession of the
building by the tenant to the landlord and ending with the date on which the
building is offered to the tenant by the landlord in pursuance of the undertaking
under clause (a) of sub-section (2).

(5) Nothing in this section shall entitle any landlord of a building in respect of
which the Government shall be deemed to be the tenant to make any application
under this section.
Tenant to re-occupy after repairs

15. (1) Where the landlord recovers possession under clause (a) of sub-section (1)
of section 14, he shall, within two months before the date on which the work of
repairs is likely to be completed, give notice, to the tenant of the date on which the
said work will be completed. Within fifteen days from the date of receipt of such
notice, the tenant shall intimate to the landlord his acceptance of the building
offered for his re-occupation and if the tenant gives such intimation, the landlord
shall, within thirty days from the date of completion of the work of repairs, put the
tenant in possession of the building on the original terms and conditions. If the
tenant fails to give such intimation, his right to re-occupy the building shall
terminate.
 245

(2) If after the tenant has delivered possession, the landlord fails to
commence the work of repairs within one month from the date of such delivery, or
fails to complete the work before the expiry of three months from the date of such
delivery, or before the expiry of the further period allowed under clause (a) of sub-
section (2) of section 14 or having completed the work fails to put the tenant in
possession of the building in accordance with the provisions of sub-section (1), the
Controller may, on the application of the tenant made within thirty days from the
date of such failure, order the landlord to put the tenant in possession of the
building on the original terms and conditions; and on such order being made the
landlord and any person who may be in occupation shall put the tenant in
possession of the building.

Tenant to occupy if the building is not demolished

16. (1) Where an order directing delivery of possession has been passed by the
Controller under clause (b) of sub-section (1) of section 14 and the work of
demolishing any material portion of the building has not been substantially
commenced by the landlord within the period of one month in accordance with his
undertaking under clause (b) of sub-section (2) of section 14, the tenant may give
the landlord notice of his intention to occupy the building the possession of which
he delivered. If, within fifteen days from the date of receipt of such notice, the
landlord does not put him in possession of the building on the original terms and
conditions, the tenant may make an application to the Controller within eight,
weeks of the date on which he put the landlord in possession of the building. The
Controller shall order the landlord to put the tenant in possession of the building on
the original terms and conditions.

*[(2) Where in pursuance of an order passed by the Controller under clause

(b) of sub-section (1) of section 14, any building is totally demolished and a new
building is erected in its place, all the provisions of this Act shall cease to apply to
such new building for a period of five years from the date on which the
construction of such new building is completed and notified to the local authority
concerned].

Landlord not to interfere with amenities enjoyed by the tenant

17. *[(1) No landlord shall without just or sufficient cause, cut off or withhold or
cause to be cut off or withheld any of the amenities enjoyed by the tenant or were in
existence during the previous tenancy].

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 246

(2) A tenant in occupation of a building may, if the landlord has contravened

the provisions of this section, make an application to the Controller complaining of
such contravention.

(3) If the tenant satisfied the Controller that the amenities were cut off or
withheld or caused to be cut off or withheld *[…] the Controller may pass an
interim order, directing the landlord to restore the amenities immediately, pending
the enquiry referred to in sub-section (4).

*[Provided that if the amenities are not restored within seven days from the
date of the interim order, the Controller may permit the tenant to restore the
amenities at his own cost and recover the cost of the expense incurred by the tenant
in respect of restoration of such amenities from the rent payable to the landlord in
such monthly instalments as may be specified by the Controller].

Explanation. – An interim order may be passed under this sub-section

without giving notice to the landlord.

(4) If the Controller on enquiry finds that the tenant has been in enjoyment of
the amenities *[or that the amenities were in existence during the previous tenancy]
and that they were cut off or withheld by the landlord without just or sufficient
cause or if the landlord was in any way responsible for the amenities being cut off
or withheld, he shall make an order directing the landlord to restore such amenities.

(5) The Controller may, in his discretion, direct that compensation not exceeding
fifty rupees --
(a) be paid to the landlord by the tenant, if the application under sub-section
(2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or
withheld the amenities or was in any way responsible for the amenities being cut
off or withheld frivolously and vexatiously.

Explanation. – In this section, the expression “amenities” includes supply of

water, electricity, passages, staircases, lights, lavatories, lifts, and conservancy or
sanitary services.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 247

Execution of orders
18. Every order made under sections 10, 12, 13, 14, 15, 16 and 17 and every order
passed on appeal under section 23 or on revisions under section 25 shall be
executed by the Munsif having jurisdiction over the area in which the building is
situated and if there are more than one such Munsif by the Principal Munsif as if it
were a decree passed by him:

Provided that an order passed in execution under this section shall not be
subject to an appeal, but shall be subject to revision under section 25.

Decisions which have become final not to be reopened

19. *[Any application under section 4-A or section 12, and any application under
sub-section (2) or sub-section (3) or sub-section (3-A) of section 10 or under section
14, 15 or 16 shall be summarily rejected by the authorised officer or the Controller,
as the case may be, if such application] raises between the same parties or between
parties under whom they or any of them claim, substantially the same issues as
have been finally decided or as purport to have been finally decided in a former
proceeding under this Act.

Orders of Controller to be pronounced in open court

20. Every order passed by a Controller under this Act shall be pronounced in
open Court on the day on which the case is finally heard, or on some future day of
which due notice shall be given to the parties.

Conversion into non-residential buildings

21. No residential building shall be converted into a non-residential building

except with permission in writing of the Controller.

Failure by landlord to make necessary repairs

22. *[(1) If a landlord fails to make necessary repairs to the building within a
reasonable time after notice is given ---
(a) by the authorised officer in the case of a building in respect of which the
Government shall be deemed to be the tenant under sub-section (5) of section 4;

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 248

(b) by the tenant in the case of any other building; the authorised officer
aforesaid may, in the case referred to in clause (a), make such repairs or have them
made by the allottee and deduct the cost thereof from the rent payable for the
building or ask the allottee to make such deduction from the rent payable; and the
Controller may, in the case referred to in clause (b), direct, on application by the
tenant, that such repairs may be made by the tenant and that the cost thereof may
be deducted by the tenant from the rent payable for the building:
Provided that the cost of repairs, and the deduction thereof which the
authorised officer or the Controller, as the case may be, may authorise shall not
exceed in any one year one-twelfth of the rent payable in respect of the building for
that year.

*[(2) The landlord shall not, while making repairs render the building
uninhabitable by digging up the floor or by removing any door or window or by
causing any other damage to any part of the building].

Appeal

23. *[(1) Any person aggrieved by an order passed by the Controller may, within
15 days from the date of such order, excluding the time taken to obtain a certified
copy of the order, file an appeal in writing to the District Court].
(2) on such appeal being preferred, the *[District Court] may order stay of
further proceedings in the matter pending decisions on the appeal.
(3) The *[District Court] shall call for the records of the case from the
Controller and after giving the parties an opportunity of being heard and, if
necessary after making such further inquiry as he thinks fit either personally or
through the Controller, shall decide the appeal.

Explanation – The *[District Court] may, while confirming the order of

eviction passed by the Controller, grant an extension of time to the tenant for
putting the landlord in possession of the building.
(4) The decision of the *[District Court] and subject to such decision, an order
of the Controller shall be final and shall not be liable to be called in question in any
court of law, except as provided in section 25.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 249

Costs

24. Subject to such conditions and limitations, if any, as may be prescribed, the
costs of and incident to all proceedings before the Controller or the appellate
authority referred to in section 23, shall be in the discretion of the Controller or the
appellate authority, who shall have full power to determine by whom or out of
what property and to what extent such costs are to be paid, and to give all
necessary directions for the purpose.
Explanation. – The appellate authority may set aside or vary any order
passed by the Controller in regard to the costs of and incident to the proceedings
before him.

Revision

*[25. (1) The High Court may, on the application of any person aggrieved by an
order of the appellate authority, call for and examine the record of the appellate
authority, to satisfy itself as to the regularity of such proceeding or the correctness,
legality or propriety of any decision or order passed therein and if, in any case, it
appears to the High Court that any such decision or order should be modified,
annulled, reversed or remitted for reconsideration, it may pass orders accordingly.

(2) Every application to the High Court for the exercise of its power under sub-
section (1) shall be preferred within one month from the date on which the order or
proceeding to which the application relates is communicated to the applicant:
Provided that the High Court, may in its discretion, allow further time not
exceeding one month for the filling of any such application, if it is satisfied that the
applicant had sufficient cause for not preferring the application within the time
specified in this sub-section].

Order under the Act to be binding on the sub-tenants.

26. Any order for the eviction of a tenant passed under this act shall be binding
on all sub-tenants who were made parties in the application for eviction but any
person who became a sub-tenant after the date of the application for eviction shall
be bound by the order of eviction and be evicted as if he were a party to the
proceedings, provided that such order was not obtained by fraud or collusion.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 250

Proceedings by or against legal representatives

27. (1) Any application made, appeal preferred, or proceedings taken, under this
Act by or against any person, may, in the event of his death, be continued by or
against his legal representatives.

(2) Where any application, appeal or other proceeding could have been made,
preferred or taken, under this Act, by or against any person, such application,
appeal or other proceeding may, in the event of his death, be made, preferred or
taken by or against his legal representatives.

Summons to witnesses

28. Subject to such conditions and limitations as may be prescribed, the

Controller may, in his discretion, issue summons to witnesses requiring them to
attend in person to give evidence or to produce documents, in their custody in
connection with any proceedings before him.

Exemption
29. Notwithstanding anything contained in this Act, the Government may,
subject to such conditions as they deem fit, by notification, exempt any building or
class of buildings from all or any of the provisions of this Act.

Certified extracts from Property Tax Assessment Register

30. The Officer-in-Charge of Property Tax Assessment Register shall, on

application made in this behalf and on payment of two rupees per entry relating to
each year, grant to the applicant a certified copy of the extract from the said
Register showing the rental value of the building or buildings in respect of which
application has been made relating to the period specified in the application. Such
certified copy shall be received as evidence of the facts stated therein, in
proceedings under this Act.

Landlord and tenant to furnish particulars

31. Every landlord and every tenant of a building shall be bound to furnish to
the Controller or any person authorised by him in that behalf, such particulars in
respect of the building as may be prescribed.
 251

Penalties

32. *[(1) If any person contravenes any of the provisions of sub-section (1), (2),
(4) and (5) of section 4, sub-section (4) of section 4-A, clause (a) of sub-section (1)
and clause (a) of sub-section (2) of section 7, sub-section (1) of section 8, sub-section
(1) of section 17, section 21, sub-section (2) of section 22 or section 31, or any order
under sub-section (3) or sub-section (3-A) of section 10, or sub-section (3) of section
17, or any of the conditions in the notification issued under section 29, he shall be
punishable with fine which may extend to two thousand rupees.

(1-A) Any landlord or the member of his family, as the case may be, who,
after obtaining possession of a building under sub-section (3) or sub-section (3-A) of
section 10, does not occupy it within one month of his taking possession or having
so occupied, vacates it without reasonable cause within six months of such date,
shall be punishable with fine which may extend to two thousand rupees].

(2) (a) Any landlord who after the allottee has vacated the building before
the date specified in the order passed under clause (a) of sub-section (1) of section
12, fails to commerce the work of repairs without reasonable excuse and any
landlord or other person in occupation of the building who fails to comply with the
order passed by the authorised officer under sub-section (6) of section 12, shall, on
conviction, be punishable with fine which may extend to *[two thousand rupees].
(b) Any landlord who recover possession on the ground specified in
clause (b) of sub-section (1) of section 12 and fails to carry out the undertaking
referred to in clause (b) of sub-section (3) of the said section without any reasonable
excuse or fails to comply with the conditions and restrictions prescribed under sub-
section (2) of the said section or fails to comply with the order of the authorised
officer under sub-section (1) of section 13 shall, on conviction, be punishable with
fine which may extend to *[two thousand rupees].

(3) (a) Any landlord who after the tenant has vacated the building before the
date specified in the order passed under clause (a) of sub-section (1) of section 14
fails to commence the work of repairs without reasonable excuse and any landlord
or other person in occupation of the building who fails to comply with the order
passed by the Controller under sub-section (2) of section 15 shall, on conviction, be
punishable with fine which may extend to *[two thousand rupees].

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 252

(b) Any landlord who recovers possession on the ground specified in clause (b)
of sub-section (1) of section 14 and fails to carry out the undertaking referred to in
clause (b) of sub-section (2) of the said section without any reasonable excuse or
fails to comply with the order of the Controller under sub-section (1) of section 16,
shall, on conviction, be punishable with fine which may extend to *[two thousand
rupees].

Power to make rules

33. 1 [(1) The Government may, by notification in the Official Gazette, make rules
to carry out the purposes of this Act.]

(2) Without prejudice to the generality of the foregoing power, such rules may
provide for ---
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the procedure to be followed by Controllers and appellate authorities in the
performance of their functions under this Act;
(c) the manner in which notices and orders under this Act shall be given or
served;
(d) setting aside ex-parte orders and orders of dismissal for default passed
under this Act;
(e) applications for making legal representatives of deceased persons, parties to
proceedings under this Act and the time within which such applications shall be
preferred;
(f) the procedure to be followed in taking possession of a building and in
disposing of the articles found therein at the time of taking possession; and
(g) the fee leviable in respect of applications and appeals under this Act.

(3) In making a rule under this section, the Government may provide that a
person who contravenes any of the provisions thereof shall be punishable with fine
which may extend to one thousand rupees.

* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
1. Substituted by Act 15 of 1970 w.e.f 01.08.1969.
 253

(4) All rules made and all notifications issued under this Act shall be laid, as
soon as may be after they are made or issued, before the Legislative Assembly,
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 it before the expiry of
the session in which they are so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or modification in the rule
or notification or decides that the rule or notification should not be made or issued,
the rule or notification 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 or notification.

Indemnity

34. (1) No suit, prosecution, or other legal proceedings shall lie in any Court
against any officer or servant of the Government or any person acting under his
direction or aiding or assisting him ---
(a) for, or on account of, or in respect of, any sentence passed or deemed to have
been passed, any decision given or deemed to have been given, or any act ordered
or deemed to have been ordered or done or deemed to have been done by him, in
exercise of any jurisdiction or power purporting to have been conferred on him by
or under this Act; or
(b) for carrying out any sentence passed or decision given by an Court or other
authority in exercise of any such jurisdiction or power as aforesaid.

(2) No suit or other legal proceeding shall lie against the Government for, or on
account of, or in respect of, any act, matter or thing whatsoever, purporting to have
been done in pursuance of or under this Act.

Power to remove difficulties

35. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or
expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiration of two years from
the commencement of this Act.
 254

*[SCHEDULE - I
(See section 5)

AMENITIES

1. Air conditioner.
2. Lift.
3. Water cooler.
4. Electrical heater.
5. Frigidaire.
6. Mosaic flooring.
7. Side dadoos.
8. Compound walls.
9. Garden.
10. Over-head tank for water-supply.
11. Electric pump and motor for water-supply.
12. Play ground.
13. Badminton and Tennis courts.
14. Sun breakers.
15. Amenity referred to in the first proviso to sub-section (4) of
section 5.
16. Usufructs, if any, enjoyed by the tenant.
17. Features of special architectural interest.

SCHEDULE - II
(See section 5)

Rates of depreciation.

Type of building Rate of

depreciation
per annum.
(1) (2)

1. Building built in lime mortar

and in which teak has been 1 per cent.
used throughout.

* Inserted by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
 255

2. Buildings built partly of brick in

lime mortar and partly of 1 ½ per cent.
brick in mud and in which
teak has been used.

3. Buildings built in brick in mud

and in which country wood 2 per cent.
has been used.

4. Buildings which are inferior to

those of class 3 with brick in
mud plastered walls and mud 4 per cent
floor and in which cheap
country wood has been used.

Explanation. - (1) The depreciation shall be calculated for each year on the
net value arrived at after deducting the amount of depreciation for the previous
year.

(2) The amount of depreciation shall in no case be less than ten per cent of
the cost of the construction of the building.

(3) The actual depreciation of a building aged ‘n’ years is calculated by using
the formula ---

P = A (100-r) n

100

Where A –total cost of construction of the building.

r – rate of depreciation per annum.

n – age of the building (i.e., the number of years).
P – the final depreciated value of the building.

The amount of depreciation will be equal to ('A'-'P') subject to a minimum of

ten per cent of 'A'].
_______
 256

STATEMENT OF OBJECTS AND REASONS FOR ACT 5 OF 1969

There has been a tendency to demand disproportionately high rent by the
Landlords in the principal towns in the Union Territory of Puducherry. In order to
see that the rights of the tenants are adequately safeguarded and also to see that
public servants are provided with accommodation, the Government consider it
necessary to control accommodation and rent. Accordingly, a bill has been drafted
on the lines of the Madras Buildings (Lease and Rent Control) Act, 1960 which
permits eviction of tenants only for proper reasons and also empowers the
Controller to fix fair rents.
____
STATEMENT OF OBJECTS AND REASONS FOR ACT 15 OF 1970
The object of this Bill is only to effect a minor correction in sub-section (1) of
section 33 of the Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of
1969). The words ‘in the Official Gazette” are proposed to be added after the word
“notification” in that sub-section.
______
STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1972
The Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of 1969)
came into force on 1st August, 1969. Under sub-section (4) of section 1, the Act has
validity only for a period of 3 years, i.e., upto 31st July, 1972. It is proposed to
extend its life by a further period of 5 years.

The amendment Bill seeks to achieve the above object.

_______
STATEMENT OF OBJECTS AND REASONS FOR ACT 1 OF 1977
The Puducherry Buildings (Lease and Rent Control) Act, 1969 (No.5 of 1969)
came into force on 1st August 1969. Under sub-section (4) of section 1, the Act had
validity only for a period of 3 years i.e. upto 31.7.72. Hence an amendment to the
Act was passed in 1972 extending the life of the Act for a further period of 5 years
i.e. upto 31.7.77, it is proposed to extend its life by a further period of 3 years.

The amendment Bill seeks to achieve the above object.

_______
STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1980
The Puducherry Buildings (Lease and Rent Control) Act, 1969 was originally framed
on the lines of the then existing Tamil Nadu Act with appropriate modifications to suit
local conditions. After 1969, lots of changes took place in the concept of landlord-tenant
relationship and also pronouncements in certain judgments of the High Court and the
Supreme Court necessitated the amendment of the provisions of the Act, since these cases
were with reference to the Tamil Nadu Act, the Tamil Nadu Government had already
amended their Act in 1972-73. Meanwhile, this Administration also took steps to amend
our Act to keep pace with case law development and also to make it conform to the latest
thinking on the subject.
 257

The amendments inter alia include provisions empowering the Authorised

Officer to order repair of the rented buildings, increase of fair rent in view of the
changed circumstances and also introduction of revised procedure in the
calculation of rent, making it statutory for the landlord to issue a receipt for the
actual amount of rent or advance received by him, providing legal protection to
Service/ex-service personnel and the Government servants to get their rented
houses vacated as expeditiously as possible and also to make further consequential
amendments.

The duration of the original Act was only upto 31-7-1977, i.e., eight years
from the commencement of the Act and subsequently extended upto 31- 7-1980 by
the Amendment Act of 1977 (No.1 of 1977). It is now proposed to make it a
permanent statute.

The draft Bill seeks to achieve the above objects.

______
STATEMENT OF OBJECTS AND REASONS FOR ACT 10 OF 1987
The Central Government has informed that the Officers of the Indian
Railways face serious difficulties in getting their own houses vacated from tenants
after their retirements and hence the Rent Control Law should provide for vacation
of tenants occupying the houses of railway employees who desire to get their own
houses to occupy after retirement. Clause (a) of sub-section (3B) of section 10 at
present enables a landlord who, being a person in the occupation of any residential
premises allotted to him by the Central Government or State Government or any
local authority, is required to vacate such residential accommodation or to incur
certain obligation on the ground that he owns in the Union territory of Puducherry
a residential accommodation either in his own name or in the name of the members
of his family to get a right to recover immediately the possession of any premises let
out by him. It is necessary that such a right accrues also to the persons in the service
of the Central or State Government or any local authority who want to recover
possession of his residential building for his own occupation after retirement and
such a provision will help the retired railway employees also. It is therefore
proposed to amend clause (a) of sub-section (3B) of section 10 of the Puducherry
Buildings (Lease and Rent Control) Act, 1969 for this purpose.

The Bill seeks to achieve the above object.

_________
 258

THE INDIAN PARTNERSHIP (PUDUCHERRY AMENDMENT) ACT, 1969

(No. 8 of 1969)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Amendment of section 58.
3. Substitution of new Schedule for Schedule I.
______
THE INDIAN PARTNERSHIP (PUDUCHERRY
AMENDMENT) ACT, 1969
(No. 8 of 1969)
26th July, 1969.
AN ACT

further to amend the Indian Partnership Act, 1932, in its application to the
Union territory of Puducherry.
BE it enacted by the Legislative Assembly of Puducherry to the Twentieth
Year of the Republic of India as follows:-
Short title, extent and commencement
1. (1) This Act may be called the Indian Partnership (Puducherry Amendment)
Act, 1969.
(2) It extends to the whole of the Union territory of Puducherry.
1(3) It shall come into force on such date as the Lieutenant-Governor, Puducherry,

may, by notification in the Official Gazette, appoint.

Amendment of section 58
2. In the Indian Partnership Act, 1932 (Central Act 9 of 1932) (hereinafter
referred to as the principal Act), for sub-section (3) of section 58, the following sub-
sections shall be substituted, namely: -
“(3) The Registrar shall refuse to register, --
(a) a firm under sub-section (1), or
(b) an alteration of the firm name,
if the proposed firm name or the alteration of the firm name is identical with the
name by which any other existing firm has been registered or in the opinion of the
Registrar so nearly resembles such other name as to be likely to deceive or mislead
the public or the members of either firm.
(4) Any person who is aggrieved by an order of Registrar under sub-section (3)
may file an appeal before such person or authority, in such manner, within such time and
on payment of such fees as may be prescribed. The appeal shall be heard and decided in
such manner as may be prescribed.”.

1. The Act came into force from 1st January 1970, vide Extraordinary Gazette No. 115 dated 10th December 1969.
 259

Substitution of new Schedule for Schedule I

3. For Schedule I to the principal Act, the following Schedule shall be
substituted, namely: -
“ SCHEDULE - I
Maximum Fees
[See sub-section (1) of section 71]

Document or act in respect of Maximum fee

which the fee is payable
(1) (2)

Rs. P.
1. Statement under section 58 … 10.00
2. Statement under section 60 … 3.00
3. Intimation under section 61 … 3.00
4. Intimation under section 62 … 3.00
5. Notice under section 63 … 3.00
6. Application under section 64 … 3.00
7. Inspection of the Register of Firms under
sub-section (1) of section 66 … 1.00*
8. Inspection of documents relating to a firm
under sub-section (2) of section 66 … 1.00**
9. Copies from the Register of Firms … 0.40 +

STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1969

The Indian Partnership Act, 1932 has been extended to this Territory under
the Puducherry (Laws) Regulation, 1963 with effect from the 1st October, 1963. At
present, that Act does not confer power on the Registrar to refuse to register a firm
or the alteration of firm name when he is of the view that registration of the firm
would be a colourable imitation of the names, already registered and the public are
likely to be misled and deceived by the name of the new firm. It is in order to
prevent this mischief that sub-section (3) of section 58 has been suitably amended,
Provision has also been made for appeal against the order of the Registrar.
The rate of fees for filing various notices, etc., with the Registrar of Firms,
prescribed in Schedule I to the said Act, is very law and it is proposed to amend the
Schedule so as to bring the fees chargeable under it to the same level with those
levied in the State of Tamil Nadu. The present Bill seeks to achieve the above
objects.

* For inspecting the entry of each firm in the Register.

** For each inspection of all documents relating to one firm.
+ For each hundred words or part thereof.”

_______
 260

THE SOCIETIES REGISTRATION (PUDUCHERRY AMENDMENT)

ACT, 1969
(No. 9 of 1969)

ARRANGEMENT OF SECTIONS
SECTION

1. Short title and commencement.

2. Definitions.
3. Amendment of sections 1 and 4.
4. Insertion of new section 4-A.
5. Insertion of new sections 12-A, 12-B and 12-C.
6. Amendment of section 18.
7. Insertion of new section 18-A.
8. Amendment of section 19.
9. Amendment of section 20.
10. Insertion of new sections 21, 22, 23, 24 and 25.

______
 261

THE SOCIETIES REGISTRATION (PUDUCHERRY AMENDMENT)

ACT, 1969
(Act No. 9 of 1969)
13th September, 1969
AN ACT
further to amend the Societies Registration Act, 1860 in its application to
the Union territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth

Year of the Republic of India as follows:-

Short title and commencement

1. (1) This Act may be called the Societies Registration (Puducherry

Amendment) Act, 1969.
1 (2)
It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires, ---

(a) “Act” means the Societies Registration Act, 1860;

(b) “Government” means the Administrator appointed under article 239

of the Constitution;

(c) “Union territory” means the Union territory of Puducherry.

Amendment of sections 1 and 4

3. In sections 1 and 4 of the Societies Registration Act, 1860 (No. 21 of 1860)

(hereinafter referred to as the principal Act) for the words “Registrar of Joint Stock
Companies”, the words “Registrar of Companies” shall be substituted.

1. The Act came into force from 1st January 1970, vide Extraordinary Gazette No. 118 dated 15th December 1969.
 262

Insertion of new section 4-A

4. After section 4 of the principal Act, the following section shall be inserted,
namely: -
Filing of Annual Accounts

“4-A. (1) A copy of the balance sheet together with a statement of receipts and
expenditure duly certified by at least two members of governing body and audited by a
person who has been granted a certificate by the Government under Chartered
Accountants Act, 1949 (No. 28 of 1949) or by a special auditor approved by Government
shall also be filed with the Registrar of Companies, at the same time as required by
section-4.

(2) A filing fee of rupees three each shall be paid along with the list and the
balance sheet and copy of alteration to rules respectively referred to in section 4 and sub-
section (1) and (6) of section 4-A. The said fee may be paid either by cash or by crediting the
amount to Government Treasury and by attaching the duplicate chalan to the documents.

(3) All societies registered under this Act shall hold every year a general meeting
at which the report of the management of the institution for the previous year, together
with an audited copy of the balance sheet, receipts and expenditure statement and the
auditor’s report shall be submitted for approval.

(4) A special meeting may be convened at any time on the requisition of the
President or Chairman of the Executive Committee, if any, or on the requisition of not less
than three members of the Executive Committee or seven members of the general body of
the society, who shall state in writing the business for which they wish the meeting to be
convened. The secretary shall convene a meeting of the society before the lapse of ten days
from the date of the receipt of the requisition.

(5) If a member has no registered address in the Union territory and has not
furnished to the society an address within the Union territory for serving notice to him, a
notice advertised in two newspapers (one in English and the other in any one of the
vernacular languages) circulating in the neighbourhood of the registered office of the
society shall be deemed to be duly given to him on the day on which the advertisement
appears.

(6) A copy of every alteration made in the rules and regulations of the society,
certified to be a correct copy in the manner prescribed as aforesaid shall be sent to the
Registrar within fifteen days of making of such alterations.

(7) If a society makes default in complying with the requirements of sections 4 and
4-A, it shall be liable to a fine not exceeding fifty rupees.”.
 263

Insertion of new sections 12-A, 12-B and 12-C

5. After section 12 of the principal Act, the following sections shall be inserted,
namely: -
Change of name
“12-A. Any number not less than three-fifths of the members of any society
registered under section 3 may subject to the provisions of section 12-B, by a
resolution or otherwise change its name.
Registration of change of name

12-B. (1) Where a proposition for change of name has been agreed to and
confirmed in the manner prescribed by section 12-A, a copy of the proposition so
agree to and confirmed shall be forwarded to the Registrar of Companies for
registering the change of name.

(2) Save as provided in section 18-A, the Registrar shall, if he is

satisfied that the provisions of this Act in respect of change of name have been
complied with, register the change of name and issue, a certificate of registration
altered to meet the circumstances of the case. On the issue of such a certificate, the
change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under
sub-section (2), a fee of rupee one and all fees so paid shall be accounted for to the
Government.
Effect of change of name

12-C. The change in the name of a society shall not affect any rights or
obligations of the society or render defective any legal proceeding by or against the
society, and any legal proceeding which might have been continued or commenced
by or against it by its former name may be continued or commenced by or against it
by its new name”.

Amendment of section 18

6. In section 18 of the principal Act including the marginal note thereto, for the
words “Registrar of Joint Stock Companies”, the words “Registrar of Companies”
shall be substituted.

Insertion of new section 18-A

7. After section 18 of the principal Act, the following section shall be inserted,
namely: -
 264

Power of Registrar to refuse registration in certain cases

“18-A. (1) The registrar shall refuse to register ---

(a) a society under section 3,
(b) the change of names made under section 12-A, or
(c) a society under section 17,

if the proposed name of such society is undesirable or identical with that by which
any other existing society has been registered or in the opinion of Registrar so
nearly resembles such other name as to be likely to deceive the public or the
members of either society.

(2) If any two or more societies which have been registered with identical
names or with names which, in the opinion of the Registrar, so nearly resemble each
other as to be likely to deceive the public or the members of such societies, the
society which was so registered first of all shall continue to function under its
original name and other such societies shall change and may be required by the
Registrar to change their names suitably within a period of six months from the
commencement of this Act.”.
Amendment of section 19

8. In section 19 of the principal Act, for the words “two annas”, the words
“fifteen paise” shall be substituted.
Amendment of section 20

9. In section 20 of the principal Act, after the words “instruments or designs”,

the words “the dissemination of social, economic education; promotion of the
interest or welfare of the public or a section of the public or of non-trading
associations with objects confined to the Union territory and any other object as
may be notified by the Government as being beneficial to the public or to a section
of the public” shall be inserted.
Insertion of new sections 21, 22, 23, 24 and 25

10. After section 20 of the principal Act, the following sections shall be inserted,
namely: -

Inspection and investigation

“21. (1) Every society shall be inspected at least once in two years by the
Registrar or an officer authorised by him in this behalf who shall be entitled to
 265

inspect the premises of any society and shall also be entitled to call for such
information or explanation within such time as may be specified.

(2) Where it appears to the Registrar that the affairs of a society call for
investigation, the Registrar may appoint a certified auditor to investigate the affairs
of such society and may fix his remuneration which shall be borne by the society.
Defunct action

22. Where default is made by a society in filing with the Registrar any change in
the Memorandum of Association (or in filing with him the returns required by
sections 4 and 4-A), a Registrar may, after calling upon such society to furnish
details of such change (or to submit such returns) within a specified time and on the
failure of the society to do so, treat the society as having become defunct (and cause
a notification of such decision to be published in the Official Gazette), whereupon
the incorporation of the society under this Act shall cease:
Provided that the liability, if any, of the members of the governing body or
the members of the society, as the case may be, shall continue and may be enforced
as if the society had not become defunct.

Penalties

23. If any person wilfully makes or causes to be made any false entry in, or any
omission from, the list required by section 4, or in or from any statement of copy of
rules or of alterations in rules sent to the Registrar of Companies under section 4-A,
he shall, on conviction, be punishable with fine which may extend to two thousand
rupees.
Cognizance of offences

24. No Court inferior to that of a Magistrate of the first class shall try any offence
punishable under this Act, nor shall cognizance of any such offence be taken except
on a complaint in writing by the Registrar of any person authorised by him in
writing in this behalf.
Power to make rules

25. (1) The Government may make rules for carrying out the purposes of this
Act.

(2) In particular and without prejudice to the generality of the foregoing power,
such rules may prescribe ---

(a) the maintenance of the register of societies and other books,

if any, by the Registrar;
 266

(b) the forms under which the Registrar shall issue certificates
of registration of a society, change of name, etc.;

(c) the forms and notices under which every society shall
intimate the Registrar regarding the amendments to its memorandum or
rules and regulations; and

(d) any other matter which is to be or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made,
be laid before the Legislative Assembly, 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 Assembly makes any modification in the rule or
decides that the rule should not be made, the 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 to
anything previously done under that rule.”.

______

STATEMENT OF OBJECTS AND REASONS FOR ACT 9 OF 1969

The Societies Registration Act, 1860 has been extended to this Territory
under the Puducherry (Laws) Regulation, 1963 with effect from 1-10-1963. The
existing provisions of the said Act do not contain regulations for an effective and
close watch over the conduct and affairs of societies and non-profitable associations.
For the efficient running and smooth conduct of such societies, it is necessary that
the Government should be able to obtain periodical information of their conduct
and activities. It is proposed to amend the Societies Registration Act, 1860 suitably
in its application to the Union Territory of Puducherry to achieve the above objects.

______
 267

THE INDIAN PORTS (PUDUCHERRY AMENDMENT) ACT, 1969

(No. 10 of 1969)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Substitution of new section for section 36.
3. Omission of section 37.
______

THE INDIAN PORTS (PUDUCHERRY AMENDMENT) ACT, 1969

(Act No. 10 of 1969)
5th October, 1969.
AN ACT

to amend the Indian Ports Act, 1908, in its application to the Union territory
of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth

Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Indian Ports (Puducherry Amendment) Act,
1969.
(2) It shall extend to the whole of the Union territory of Puducherry.
1(3)
It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint.

Substitution of new section for section 36

2. For section 36 of the Indian Ports Act, 1908 (15 of 1908) (hereinafter referred to
as the Principal Act), the following section shall be substituted, namely: -

Receipt of port charges, etc. and expenditure on ports

“36.(1) The Government shall appoint some officer or body of persons at

every port at which any dues, fees or other charges are authorised to be taken by, or
under, this Act, to receive the same.

1. The Act came into force from 26th January 1970 vide Extraordinary gazette No. 10 dated 22nd January, 1970.
 268

(2) All money received under this Act at or on account of any port subject to
this Act, including ---

(a) receipts on account of pilotage;

(b) all fines;
(c) proceeds of waifs; and
(d) any balance of the proceeds of a sale under section 14 where no right
to the balance has been established on a claim made within three years from the
date of the sale,

shall be credited to the Consolidated Fund of the Union territory of

Puducherry.

(3) All expenses incurred for the sake of any such port, including expenses
on account of pilotage, shall be paid from the Consolidated Fund of the Union
territory of Puducherry”.

Omission of section 37

3. Section 37 of the principal Act shall be omitted.

_________
 269

STATEMENT OF OBJECTS AND REASONS FOR ACT NO.10 OF 1969

The Indian Ports Act, 1908 (Central Act XV of 1908) has been extended to this
Territory with effect from 1-10-1963 under the Puducherry (Laws) Regulation 1963.
According to Section 36 of the Act, all receipts at the Port under the Act have to be
credited to a Port Fund and all the expenses incurred for the sake of the Port
excluding expenses on Pilotage but including the pay and allowances of Port Staff,
improvements to the Port, etc., have to be debited to the Fund. Section 37 of the Act
empowers the Government to group a number of ports as constituting a single port
for the purpose of crediting all the receipts into a Port Fund and for meeting the
expenditure in respect of Ports. The revenue of the Puducherry Port will not be
sufficient to cover the entire cost of the establishment and also the expenditure
involved on the improvement of the Port. The Government of India who were
appraised of the difficulties involved in creating a Port Fund for Puducherry Port
have advised that this Administration may amend the Indian Ports Act, 1908 so as
to merge the Port Fund with the Consolidated Fund of the Territory.

Accordingly, the present Bill seeks to amend Section 36 of the Act so as to

merge the Port Fund with the Consolidated Fund to the Union Territory of
Puducherry. There will be no separate Port Fund in this Union Territory and the
entire revenue of the Port will be credited to the Consolidated Fund of Puducherry
and the entire expenditure on the Port will be met out of the Consolidated Fund of
Puducherry. The Bill also seeks to delete Section 37 of the Act as there will be no
separate Port Fund and the question of grouping the Ports for the purpose will not
arise.

NOTES ON CLAUSES

Clause: (1) This is a title clause and defines the jurisdiction of the Act. The
Government is empowered to fix the date of enforcement of the Act.
Clause: (2) This clause amends section 36 of the Indian Ports Act 1908 (Act XV of
1908) so as to merge the Port Fund with the consolidated Fund of the
Union Territory of Puducherry (crediting entire receipt to and meeting
entire expenditure from the Consolidated Fund).
Clause: (3) This clause deletes section 3 of the Indian Ports Act 1908 (Act XV of
1908), since there is no separate Port Fund in the Union Territory of
Puducherry and as the question of grouping the Ports for the purpose
does not arise.
______
 270

THE PAYMENT OF WAGES (PUDUCHERRY AMENDMENT) ACT, 1970

(No. 9 of 1970)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title and extent.
2. Amendment of section 7.
3. Insertion of new section 11 A.
______
THE PAYMENT OF WAGES (PUDUCHERRY AMENDMENT) ACT, 1970
(Act No. 9 of 1970)
5th May 1970.
AN ACT

to amend the Payment of Wages Act, 1936 in its application to

the Union territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth Year

of the Republic of India as follows:-

Short title and extent

1. (1) This Act may be called the Payment of Wages (Puducherry

Amendment) Act, 1970.

(2) It extends to the whole of the Union territory of Puducherry.

Amendment of section 7

2. In sub-section (2) of section 7 of the Payment of Wages Act, 1936 (Central

Act 4 of 1936) (hereinafter referred to as the principal Act), after clause (d), the
following clause shall be inserted, namely: -

“(dd) deductions for electricity supplied to the employed person by

the Electricity Department of the Government of Puducherry;”

Insertion of new section 11.A

3. After section 11 of the principal Act, the following section shall be inserted,
namely: -
 271

Deductions in respect of electricity

“11-A. The Employer shall, if so required by a requisition in writing, by

the Electricity Department of the Government of Puducherry or by an officer
authorised by it in this behalf, make the deductions authorised under clause
(dd) of sub-section (2) of section 7 from the wages of the employed person and
remit the amount so deducted in such manner as the State Government may,
be general or special order, specify.”

______

STATEMENT OF OBJECTS & REASONS FOR ACT NO. 9 OF 1970

The Payment of Wages Act, 1936 has been extended to this Territory under
the Puducherry (Laws) Regulation, 1963 with effect from 1-10-1963.
Section 7 (2) (d) of the said Act provides for effecting deductions from the wages of
the workers towards rent for house accommodation allotted by the employers or
the Government. The Government has provided accommodation to such workers in
the Industrial Housing Colony, Gandhi-nagar and rents are being deducted by
virtue of the provisions referred to above. But, however, no provision has been
made for the recovery of electricity consumption charges. For this purpose,
necessary provision has been incorporated on the lines of amendment made in this
behalf by the Government of Tamil Nadu. The present Bill seeks to achieve the
above object.

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THE PUDUCHERRY EXCISE ACT, 1970

(No. 12 of 1970)

ARRANGEMENT OF SECTIONS
SECTION

CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
Establishment and control

3. Appointment of Excise Commissioner.

4. Appointment of Deputy Commissioner.
5. Appointment of Excise Inspectors and other subordinate officers,
6. Delegation.

CHAPTER III
Import, Export and Transport

7. Import of intoxicant.
8. Export of intoxicant.
8-A. Control and regulation of molasses.
9. Prohibiting of transport of intoxicant.
10. Transport of intoxicant.
11. Permits for transport.

CHAPTER IV
Manufacture, possession and sale

12. Manufacture etc., of excisable article prohibited except under a

licence.
13. Possession of excisable articles in excess of the quantity prescribed.
14. Sale of excisable articles without licence prohibited.
 273

15. Establishment of distilleries and warehouses.

16. Power to grant lease of right to manufacture, etc.
17. Lessee’s permission to draw toddy.
18. Duties of licensees with regard to measurement and testing.
19. Prohibition of employment of children and of woman.
20. Closing of shops for the preservation of public peace.

CHAPTER V
Excise duty and countervailing duty

21. Excise duty or countervailing duty on excisable articles.

22. Modes of levying duties.
23. Excise duty in respect of grant of leases.
24. Tax for tapping trees from whom leviable.

CHAPTER VI
Licences and permits

25. Form and conditions of licence, etc.

26. Power to take security and counterpart agreement.
27. Technical defects, irregularities and omissions.
28. Power to cancel or suspend licence, etc.
29. Power to withdraw licence.
30. Surrender of licence.

CHAPTER VII
Offences and penalties

31. Penalty for illegal import, etc.

32. Penalty for rendering denatured spirit fit for human consumption.
33. Penalty for illegal possession.
34. Penalty for offence not otherwise provided for.
35. Penalty for misconduct of licensee, etc.
36. Penalty for adulteration, etc., by licensed vendor or manufacturer.
 274

37. Penalty for consumption in Chemist’s shop etc.

37-A. Penalty for allowing premises, etc., to be used for the purpose of
committing an offence under this Act.
38. Manufacture, sale or possession by one person on account of
another.
39. Presumption, as to commission of offence in certain cases.
40. Criminal liability of licensee for acts of servants.
41. Enhanced punishment after previous conviction.
42. Liability of certain things to confiscation.
43. Order of confiscation.
44. Compounding of offences.
45. Penalty on Excise Officer making vexatious search, seizure,
detention or arrest.
46. Penalty for Excise Officer refusing to do duty.
47. Penalty for vexatious delay.
48. Penalty for abetment of escape of persons arrested, etc.

CHAPTER VIII
Detention, investigation and trial of offences

49. Landholders, officers and others to give information.

50. Power to enter and inspect places of manufacture and sale.
51. Power to arrest without warrant, to seize articles liable for
confiscation and to make searches.
52. Power of magistrate to issue a warrant.
53. Power to search without warrant.
54. Power of Excise Officers in matters of investigation.
55. Report by Investigating Officer.
56. Report by Excise Officer.
57. Arrest, search, etc., how to be made.
58. Security for appearance in case of arrest without warrant.
59. Procedure for prosecution.
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CHAPTER IX
Appeals and revision

60. Appeals.
61. Revision.
CHAPTER X
Miscellaneous

62. Recovery of Government dues.

63. Government lien on property of defaulters.
64. Recovery of dues by lessee under section 16.
65. Refund in cases of exported liquor.
66. Power of Government to exempt etc.
67. Protection of action taken under this Act.
68. Limitation of suits.
69. Offences by companies, etc.
70. Power to make rules.
70A. Power to amend the Schedule.
71. Repeal and saving.
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 276

THE PUDUCHERRY EXCISE ACT, 1970

(Act No. 12 of 1970)
28th May, 1970.
AN ACT
to provide for a uniform law relating to the production, manufacture,
possession, import, export, transport, purchase and sale of liquor
and intoxicating drugs and the levy of duties of excise thereon, in the
Union territory of Puducherry, and for matters connected therewith.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first

Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Excise Act, 1970.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such 1 date as the Government may, by
notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires, ---

(1) “beer” includes ale, stout and porter and all other fermented liquors
usually made from malt;
(2) “to bottle” means to transfer liquor from a cask or other vessel to a
bottle, jar, flask or similar receptacle for the purpose of sale, whether any process of
manufacture be employed or not and includes re-bottling;
(3) “cultivation” includes the tending or protection of a plant during
growth and does not necessarily imply raising it from seed;
(4) “denatured” means subjected to a process prescribed for the purpose of
rendering unfit for human consumption;

1. The Act came into force on the 10th day of June, 1970 vide Notification No. B-7289/69, dated 10 June 1970.
 277

(5) “Deputy Commissioner” means any person appointed under section 4

to exercise the powers and to perform the duties of the Deputy Commissioner
under this Act;

(6) “excisable article” means, --

(a) any liquor;
(b) any intoxicating drug;
(c) opium; or
(d) other narcotic drugs, narcotics and non-narcotic drugs which the
Government may, by notification, declare to be an excisable article;
(7) “Excise Commissioner” means the officer appointed as Excise
Commissioner under section 3;

(8) “excise duty” and “countervailing duty” means any such excise duty or
countervailing duty, as the case may be, as is mentioned in Entry 51 of List II of the
Seventh Schedule to the Constitution *[and includes additional excise duty and
additional countervailing duty].

(9) “Excise Inspector” means an Officer appointed under section 5;

(10) “Excise Officer” means the Excise Commissioner, a Deputy

Commissioner, or any officer or other person lawfully appointed or invested with
powers under section 5;

(11) “Excise Revenue” means revenue derived or derivable from any duty,
fee, tax, rent, fine or confiscation imposed or ordered under the provisions of this
Act or any other law for the time being in force relating to liquor or intoxicating
drugs;

(12) “Export” means to take out of the Union territory otherwise than from
a Customs station as defined under section 2 of the Customs Act, 1962;

(13) “Foreign Liquor” includes all liquors other than Indian liquor;

(14) “Government” means the Administrator of the Union territory

appointed by the President of India under article 239 of the Constitution of India;

(15) “Import”, except in the phrase “import into India”, means to bring into
the Union territory otherwise than from a Customs station as defined under section
2 of the Customs Act, 1962;
(16) “Indian liquor” includes all liquor produced or manufactured in India;
________________________________________________________________________
* Insterted and deemed to have come into force on and from 23rd April 2007 vide the Puducherry Excise
(Amendment) Act, 2011.
 278

(17) “Intoxicant” means any liquor as defined in clause (19) or any intoxicating
drug as defined in clause (18);

(18) “intoxicating drug” means, --

(a) the leaves, small stalks and flowering or fruiting tops of the Indian
hemp plant including all forms known as bhang, siddi or ganja;

(b) charas, that is, the resin obtained from the Indian hemp plant, which
has not been submitted to any manipulations other than those necessary for
packing and transport;

(c) any mixture with or without neutral materials of any of the above forms
of intoxicating drug or any drink prepared therefrom; and

(d) any other intoxicating or narcotic substance which the Government

may, by notification, declare to be an intoxicating drug, such substance not being
opium, coca leaf or manufactured drug as defined under section 2 of the Dangerous
Drugs Act, 1930.

(19) “liquor” includes ---

(a) spirits of wine, denatured spirits, wine, beer, toddy and all liquids
consisting of or containing alcohol; and

(b) any other intoxicating substance, which the Government may, by

notification, declare to be liquor for the purposes of this Act;

(20) “manufacture” includes every process whether natural or artificial, by

which any fermented, spirituous or intoxicating liquor or intoxicating drug is
produced or prepared and also re-distillation and every process for the rectification
of liquor;

1[(20-A). “molasses” means the heavy, dark coloured residual syrup

drained away in the final stage of the manufacture of jaggery or sugar containing in
solution or suspension, sugars which can be fermented and includes any product
formed by the addition to such syrup of any ingredient which does not
substantially alter the character of such syrup, but does not include any article
which the Government may, by notification, declare not to be molasses, for the
purposes of this Act;]

1. Inserted by Act 7 of 1972, vide Extraordinary Gazette No.64 dt. 13.07.1972.

 279

(21) “notification” means a notification published in the Official Gazette;

(22) “place” includes a house, building, shop, booth, tent, vessel, raft and
vehicle;

(23) “police station” includes any place which the Government may by
notification, declare to be a police station for the purpose of this Act;

(24) “prescribed” means prescribed by rules made under this Act;

(25) “rectification” includes every process whereby spirits are purified or

are coloured or flavoured by mixing any material therewith;

(26) “sale” or “selling” includes any transfer otherwise than by way of gift;

(27) “spirit” means any liquor containing alcohol and obtained by

distillation, whether it is denatured or not;

(28) “toddy” means fermented or unfermented juice drawn from a toddy

tree;

(29) “toddy tree” includes the tree of coconut, palm, palmyra date, bagani
or any tree of the species of palm or palmyra, the fermented or unfermented juice of
which contains alcohol and from which toddy or liquor can be prepared;

(30) “transport” means to move from one place to another within the Union
territory, whether the intervening area lies wholly within the Union territory or not;

(31) “Union territory” means the Union territory of Puducherry.

CHAPTER II

ESTABLISHMENT AND CONTROL

Appointment of Excise Commissioner

3. (1) The Government may by notification, appoint an officer not below the
rank of a Collector, as Excise Commissioner for the Union territory, who, subject to
the general or special orders of the Government in this behalf, shall be the chief
controlling authority in all matters connected with the administration of this Act.

(2) The Excise Commissioner shall, in respect of the administration of this

Act, exercise all the powers of the Collector and shall have the control of the
administration of the Excise Department.
 280

Appointment of Deputy Commissioner

4. (1) The Government may, by notification, appoint one or more Deputy

Commissioners, who shall, within the limits of his or their jurisdiction, exercise
such powers and perform such duties and functions as are assigned by or under the
provisions of this Act to a Deputy Commissioner subject to such control as the
Government may, from time to time, direct.

(2) For the purposes of this Act, all Deputy Commissioners shall be subordinate
to the Excise Commissioner.

Appointment of Excise Inspectors and other subordinate officers

5. (1) The Government may appoint Excise Inspectors to exercise the powers and
to perform the duties in connection with detection, investigation and trial of
offences under this Act.

(2) The Government may appoint subordinate officers of such classes and with
such designations, powers and duties under this Act as it may think fit.

(3) The Government may, by notification, direct that all or any of the powers
and duties assigned to an Excise Inspector or subordinate officer under sub-section
(1) or sub-section (2), as the case may be, shall be exercised and performed by any
officer of the Government.

Delegation

6. The Government may, by notification, delegate its powers under section 5 to

the Excise Commissioner.
 281

CHAPTER III

IMPORT, EXPORT AND TRANSPORT

Import of intoxicant

7. (1) No intoxicant shall be imported except under a permit granted by the

Deputy Commissioner on payment of such countervailing duty and fees, as may be
levied by or under this Act and on such other terms as may be prescribed:

Provided that the Deputy Commissioner may, subject to such restrictions

and conditions as may be prescribed to ensure the collection of countervailing duty,
permit the import of any intoxicant without the payment of the countervailing duty:

Provided further that no countervailing duty shall be payable on any

intoxicant which being liable to the payment of duty under the Indian Tariff Act,
1934 or any other law, for the time being in force relating to the duties of customs
on goods imported into India, it has been dealt with according to such law.

(2) A permit granted under sub-section (1), may be cancelled by the Deputy
Commissioner for breach of any of the terms subject to which it was granted or for
any other reason to be recorded in writing:

Provided that no permit shall be cancelled under this sub-section except

after giving a reasonable opportunity to the holder of the permit for making any
representation against such cancellation and after considering the representation, if
any, received.

Export of intoxicant

8. (1) No intoxicant shall be exported except under a permit granted by the

Deputy Commissioner on payment of such fee as may be levied under this Act and
on such terms as may be prescribed:

Provided that no intoxicant produced or manufactured in India shall, save

as provided in section 65, be permitted to be exported unless the exercise duty or
countervailing duty to which such intoxicant is liable, has been paid.

(2) A permit granted under sub-section (1) may be cancelled by the Deputy
Commissioner for breach of any terms subject to which it was granted or for any
other reason to be recorded in writing:
 282

Provided that no permit shall be cancelled under this sub-section except

after giving a reasonable opportunity to the holder of the permit for making any
representation against such cancellation and after considering the representation, if
any, received.
*[Provided further that nothing contained in this section shall apply to any
intoxicant taken out of the Union Territory in the course of export from a customs
station as defined in section 2 of the Customs Act, 1962 (Central Act 52 of 1962).
(3) Notwithstanding anything contained in sub-sections (1) and (2), nothing
in this Act shall prevent the Deputy Commissioner from issuing a no objection
certificate in respect of the articles so exported, a duplicate copy of which shall be
produced by the exporter or his authorized agent along with the excisable articles
before the Customs Collector, Border Examiner or any officer of Customs or Land
Customs duly appointed by the competent authority].

Control and regulation of molasses

1 [8-A.
(1) Except as otherwise provided in sub-sections (2) and (3) and subject to
such rules as may be prescribed in this behalf, no person shall import, export,
transport, sell or have in his possession any quantity of molasses.

(2) The Government may, by general or special order, authorise any officer
to grant licences for the import, or sale of molasses.

(3) The Government may also authorise any officer to grant permits for the
transport or possession of molasses.]

Prohibiting of transport of intoxicant

9. The Government may, by notification, prohibit the transport of intoxicants or
any kind of intoxicants from any local area into any other local area.
Transport of intoxicant
10. No intoxicant exceeding such quantity as may be prescribed either generally
or for any local area, shall be transported, except under a permit issued under
section 11.
Permits for transport
11. (1) The Deputy Commissioner or any other person duly empowered by the
Government in that behalf may issue a permit for the transport of intoxicants.

(2) A permit under sub-section (1) may be either a general permit for
definite periods and kinds of particular intoxicants or a special permit for specified
occasions and particular consignments only:

1. Inserted by Act 7 of 1972.

* Inserted and deemed to have come into force on and from 23 rd April, 2007 vide the Puducherry
Excise (Amendment) Act, 2011.
 283

Provided that a general permit shall be granted only to person licensed

under this Act and may cover any quantity of liquor transported at any one time
not exceeding the quantity specified in the permit.

(3) Every permit under this section shall specify ---

(a) the name of the person authorised to transport intoxicants;
(b) the period for which the permit is to be in force;
(c) the quantity and description of intoxicants for which it is granted; and
(d) any other particulars which may be prescribed.

(4) A permit granted under this section shall extend to and include servants and
other persons employed by the grantee and acting on his behalf.

CHAPTER IV

MANUFACTURE, POSSESSION AND SALE

Manufacture etc., of excisable article prohibited except under a licence

12. (1) No person shall, ---

(a) manufacture or collect an intoxicant; or
(b) cultivate hemp plant;
(c) tap a toddy producing tree or draw toddy from any tree; or
(d) construct or work in a distillery or brewery; or
(e) bottle liquor for sale; or
(f) use, keep, or have in possession, any materials, still, utensil,
implement or apparatus, whatsoever for the purpose of
manufacturing any intoxicant other than toddy,
except under the authority and subject to the terms and conditions of a licence
granted by the Excise Commissioner in that behalf or under the provisions of
section 17.

(2) A licence granted under this section shall extend to and include servants
and other persons employed by the licensee and acting on his behalf.
 284

Possession of excisable articles in excess of the quantity prescribed

13. (1) The Government may, by notification prescribe a limit of quantity for
the possession of any intoxicant:

Provided that different limits may be prescribed for different qualities of

the same article.

(2) No person shall have in his possession any quantity of any intoxicant in
excess of the limit prescribed under sub-section (1), except under the authority and
in accordance with the terms and conditions of ---
(a) a licence for the manufacture, cultivation, collection, sale or supply of
such article, or
(b) a permit granted by the Deputy Commissioner in that behalf.

Sale of excisable articles without licence prohibited

14. (1) No intoxicant shall be sold except under the authority and subject to the
terms and conditions of a licence granted in that behalf:

Provided that, subject to such restrictions and conditions as the Excise

Commissioner may by general or special order specify: ---
(a) a person having the right to the toddy drawn from any tree may sell such
toddy without a licence to a person licensed to manufacture or sell toddy under this
Act;
(b) a cultivator or owner of any plant from which an intoxicating drug is
produced may sell without a licence those portions of the plant from which the
intoxicating drug is manufactured or produced, to any person licensed under this
Act to sell, manufacture or export the intoxicating drug or to any officer, whom the
Excise Commissioner may generally or specially authorise.

(2) A licence for sale under sub-section (1), shall be granted ---
(a) by the Deputy Commissioner, if the sale is in an area within his
jurisdiction, or
(b) by the Excise commissioner, if the sale is in an area within the
jurisdiction, of more than one Deputy Commissioner:

Provided that subject to such conditions as may be determined by the

Excise Commissioner, a licence for sale granted under the Excise law in force in any
other part of India may be deemed to be a licence granted under this Act.
 285

(3) Nothing in this section shall apply to the sale of any liquor lawfully
procured by any person for his private use and sold by him or on his behalf or on
behalf of his representatives in interest upon his quitting a station or after his
decease.

(4) Notwithstanding anything contained in sub-section (1) and (2), no club

shall supply liquor to its members on payment of a price or of any fee or
subscription except under the authority of and subject to the terms and conditions
of a licence granted in that behalf by the Excise Commissioner and on payment of
such fees according to a scale of fees to be fixed by the Government in this behalf.
Establishment of distilleries and warehouses

15. (1) The Excise Commissioner may, with the previous sanction of the
Government ---
(a) establish a distillery, in which spirit may be manufactured under licence
granted under section 12 on such conditions as the Government may impose;
(b) discontinue any distillery so established;
(c) license, on such conditions as the Government deems fit to impose, the
construction and working of a distillery or brewery;
(d) license a private bonded warehouse;
(e) establish or licence a warehouse wherein intoxicants may be deposited
and kept without payment of duty; and
(f) discontinue any warehouse so established.

(2) A warehouse established under sub-section (1), shall be for general

accommodation to warehouse intoxicant subject to duty pending removal for local
consumption or for export.

(3) Without the sanction of the Government, no intoxicant shall be removed

from any distillery, brewery, warehouse or other place or storage established or
licensed under this Act, unless the duty, if any, imposed under this Act has been
paid or a bond has been executed for the payment thereof.

Power to grant lease of right to manufacture, etc.

16. (1) The Government may lease to any person, on such conditions and for
such period as it may think fit, the exclusive or other right ---
(a) of manufacturing or supplying by wholesale or of both, or,
(b) of selling by wholesale or by retail, or
 286

(c) of manufacturing or supplying by wholesale or of both, and of

selling by retail,
any Indian liquor or intoxicating drug within any specified area.

(2) The licensing authority may grant to a lessee under sub-section (1), a
licence in the terms of his lease; and when there is no condition in the lease, which
prohibits sub-letting may, on the application of the lessee, grant licence to any sub-
lessee approved by such authority.
Lessees permission to draw toddy

17. Where a right to manufacture toddy has been leased under section 16, the
Government may declare that the written permission of the lessee to draw toddy
shall have the same force and effect as a licence under section 12 from the Excise
Commissioner for that purpose.
Duties of licensees with regard to measurement and testing

18. Every person, who manufactures or sells any intoxicant under a licence
granted under this Act, shall be bound ---

(a) to provide himself with such measures, weights and instruments as the
Excise Commissioner may specify and to keep the same in good condition and on
the licensed premises, and

(b) on the requisition of the Excise Officer duly empowered in that behalf, at
any time to measure, weigh or test any intoxicant in his possession in such manner
as the said Excise Officer may require.

Prohibition of employment of children and of women

19. (1) No person, who is licensed to sell any intoxicant for consumption on his
premises shall, during the hours in which such premises are kept open for persons,
employ or permit to be employed either with or without remuneration, any
children under such age as the Government may prescribe in this behalf, in any part
of such premises in which such excisable article is consumed by the public.

(2) No person who is licensed to sell any intoxicant for consumption at his
premises shall, without the previous permission in writing of the Excise
Commissioner or the Deputy Commissioner, during the hours in which such
premises are kept open for persons, employ or permit to be employed either with or
without remuneration, any woman in any part of such premises in which such
excisable article is consumed by the public.
 287

(3) Every permission granted under sub-section (2) shall be endorsed on

the licence and may be modified and withdrawn.

Closing of shops for the preservation of public peace

20. (1) The District Magistrate (Independent) may, by notice in writing to the
licensee, require that any shops in which any intoxicant is sold shall be closed at
such times and for such period as he may think necessary for the preservation of the
public peace.

(2) If any riot or any unlawful assembly is apprehended or occurs in the

vicinity of any such shop, any Magistrate or any Police Officer not below the rank of
a Sub-Inspector, who is present, may require such shop to be kept closed for such
period as he may think necessary:

Provided that where a riot or unlawful assembly so occurs, the licensee

shall, in the absence of such Magistrate or Officer, close the shop without any order
and keep it closed during the continuance of such riot or unlawful assembly:

Provided further that the licensee shall not be entitled to any compensation
for the closure of the shops ordered under this section.

CHAPTER V

EXCISE DUTY AND COUNTERVAILING DUTY

Excise duty or countervailing duty on excisable articles

21. (1) The Government may, by notification, levy an excise duty on any
excisable article manufactured or produced in the Union territory under any licence
or permit granted under this Act at such rate, not exceeding the rates mentioned in
Schedule I as may be specified in the notification.

(2) The Government may by notification, levy a countervailing duty on any

excisable article manufactured or produced elsewhere in India and imported into
the Union territory under a licence or permit granted under this Act at such rates as
may be specified in the notification, which may not exceed the rates of excise duty
on similar excisable articles levied under sub-section (1).

(3) Different rates may be specified under sub-sections (1) and (2) for
different kinds of excisable articles and for different modes of levying duties under
section 22.
 288

Modes of levying duties

22. Subject to such rules regulating the time, place and manner, as may be
prescribed, the excise duty and countervailing duty under section 21 shall be levied
in one or more of the following modes as may be prescribed, namely: -

(a) rateably on the quantity of any excisable article produced or

manufactured in or issued from a distillery, brewery, manufactory or warehouse or
imported into the Union territory;

(b) in the case of spirits or other liquors produced in any distillery

established or any distillery, brewery or manufactory licensed under this Act, in
accordance with its quality or strength, or in accordance with such scale of
equivalents calculated on the quantity of materials used, or by the degree of
attenuation of the wash or work, as the case may be;

(c) in the case of toddy, in the form of a tax on each variety of tree from
which toddy is drawn;

(d) by fees on licences in respect of the manufacture or sale of any excisable

article.

Excise duty in respect of grant lease

23. Notwithstanding anything contained in sections 21 and 22, the sum accepted
in consideration of the grant of any lease relating to any excisable article under
section 16, shall be the excise duty or countervailing duty payable in respect of such
excisable article in addition to any duty payable under sections 21 and 22.

Tax for tapping trees from whom leviable

24. When duty is levied by way of tax on toddy trees under section 21, and
toddy trees are tapped without licence, the tax due shall be recoverable primarily
from the tapper or in default by him, from the occupier, if any, of the land, or if the
trees do not belong to the occupier of the land, or if the land is not occupied from
the person, if any, who owns or is in possession of the tree, unless he proves that
the trees were tapped without his consent.
 289

CHAPTER VI

LICENCES AND PERMITS

Form and conditions of licence, etc.

25. (1) Every licence or permit granted under this Act shall be granted on
payment of such fees, for such period, and subject to such restrictions on such
conditions, and shall be in such form and shall contain such particulars, as may be
prescribed.

(2) The conditions prescribed under sub-section (1) may include provision
of accommodation by the licensee to Excise Officers at the licensed premises or the
payment of rent or other charges for such accommodation at or near the licensed
premises, and the payment of the costs, charges and expenses (including the
salaries and allowances of the Excise Officers) which the Government may incur in
connection with supervision to ensure compliance with the provisions of this Act,
the rules made thereunder and the licence.

Power to take security and counterpart agreement

26. Subject to such rules as may be prescribed, any authority granting a licence
under this Act may require the licensee ---

(a) to give security for the observance of the terms of his licence, and

(b) to execute a counterpart agreement in conformity with the tenor of his

licence.

Technical defects, irregularities and omissions

27. (1) No licence granted under this Act shall be deemed to be invalid by
reason merely of any technical defect, irregularity or omission in the licence or in
any proceedings taken prior to the grant thereof.

(2) The decision of the Excise Commissioner as to what is a technical defect,

irregularity or omission, shall be final.
 290

Powers to cancel or suspend licence, etc.

28. (1) Subject to such restrictions as the Government may prescribe, the
authority granting any licence or permit under this Act may cancel or suspend it, ---
(a) if any duty or fee payable by the holder thereof is not duly paid; or
(b) in the event of any breach by the holder thereof, or by any of his servants
or by any one acting on his behalf with his express or implied permission, of any of
the terms and conditions thereof; or
(c) if the holder thereof or any of his servants or any one acting on his behalf
with his express or implied permission, is convicted of any offence under this Act;
or
(d) if the holder thereof is convicted of any cognizable and non-bailable
offence or of any offence under the Dangerous Drugs Act, 1930 (Central Act 2 of
1930) or under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955
(Central Act 16 of 1955) or under the Trade and Merchandise Marks Act, 1958
(Central Act 43 of 1958) or under section 481, 482, 483, 484, 485, 486, 487, 488 or 489
of the Indian Penal Code (Central Act 45 of 1860) or of any offence punishable
under section 112 or 144 of the Customs Act, 1962 (Central Act 52 of 1962); or
(e) if the conditions of the licence or permit provide for such cancellation or
suspension at will.

(2) Where a licence or permit held by any person is cancelled under clause
(a), clause (b), clause (c) or clause (d) of sub-section (a), the authority aforesaid may
cancel any other licence or permit granted to such person under this Act or under
the Opium Act, 1878(Central Act 1 of 1878).

(3) The holder shall not be entitled to any compensation for its cancellation
or suspension nor to the refund of any fee paid or deposit made in respect thereof.
Power to withdraw licence

29. (1) Whenever the authority which granted any licence under this Act
considers that such licence should be withdrawn for any cause other than those
specified in section 28, it may withdraw the licence on the expiration of not less
than thirty days’ notice in writing of its intention to do so.

(2) When a licence is withdrawn under sub-section (1), a part of the licence
fee proportionate to the unexpired portion of the term of the licence and the deposit
made by the licensee in respect thereof shall be refunded to him after deducting the
amount due from him to the Government.
 291

Surrender of licence
30. (1) Any holder of a licence granted under this Act to sell an excisable article may
surrender his licence on the expiration of one month’s notice in writing given by him to the
Excise Commissioner of his intention to surrender the same and on payment of the fee
payable for the licence for the remainder of the period for which it would have been current
but for such surrender:
Provided that if the Excise Commissioner is satisfied that there is sufficient reason
for surrendering a licence, he may remit the sum so payable on surrender of any portion
thereof.
(2) Sub-section (1) shall not apply in the case of any licence granted under section
16.
CHAPTER VII

OFFENCES AND PENALTIES

Penalty for illegal import, etc.
*[31. Whoever in contravention of this Act, or of any rule, notification or order
made, issued or passed thereunder, or of any licence or permit granted under his
Act, ---
(a) imports, exports, transports, manufactures, collects or possesses any
intoxicant; or
(b) save in the cases provided for in section 36, sells any intoxicant; or
(c) cultivates or fails to take the measures prescribed for checking the
spontaneous growth or for the extirpation of the hemp plant; or
(d) taps or draws toddy from any toddy producing tree; or
(e) constructs or works any distillery or brewery; or
(f) uses, keeps or has in his possession any materials, still, utensil, apparatus or
implement whatsoever for the purpose of manufacturing any intoxicant other than toddy;
or
(g) removes any intoxicant from any distillery, brewery or warehouse licensed,
established or continued under this Act; or
(h) bottles any liquor.

shall, on conviction, be punished with rigorous imprisonment for a term which

shall not be less than three months but which may extend to three years and shall
also be liable to fine which shall not be less than ten thousand rupees but which
may extend to one lakh rupees].
Penalty for rendering denatured spirit fit for human consumption
32. Whoever, ---
(a) renders fit for human consumption any spirit, which has been denatured; or

* Amended by Act 3 of 1989 section 2, w.e.f 25.4.89.

 292

(b) has in his possession any spirit in respect of which he knows, or has
reason to believe that any such offence has been committed or that an attempt to
commit such an offence has been made;

shall on conviction, be punished *[with rigorous imprisonment for a term which

shall not be less than six months but which may extend to three years and with fine
which shall not be less than ten thousand rupees but which may extend to one lakh
rupees].
Explanation : -- For the purpose of this section, it shall be presumed, unless
the contrary is proved, that any spirit which is proved on chemical analysis to
contain any quantity or any of the prescribed denaturants, is, or contains, or has
been derived from denatured spirit.

Penalty for illegal possession

33. Whoever, without lawful authority has in his possession any quantity of an
intoxicant knowing the same to have been unlawfully imported, transported,
manufactured, cultivated or collected, or knowing the prescribed duty not to have
been paid thereon, shall, on conviction, be punished **[with rigorous imprisonment
for a term which shall not be less than three months but which may extend to three
years and with fine which shall not be less than ten thousand rupees but which may
extend to one lakh rupees]

Penalty for offence not otherwise provided for

34. Whoever does any act in contravention of any of the provisions of this Act,
or of any rule, notification or order, made, issued or passed thereunder, and not
otherwise provided for in this Act, shall, on conviction, be punished with fine
***[which shall not be less than two thousand rupees but which may extend to
twenty thousand rupees].

Penalty for misconduct of licensee, etc.,

35. (1) Whoever, being the holder of a licence or permit granted under this Act,
or being in the employ of such holder and acting on his behalf ---

(a) fails to produce such licence or permit on the demand of any Excise Officer
or of any other person duly empowered to make such demand; or

* Amended by Act 3 of 1989 section 3, w.e.f 25.4.89.

** Amended by Act 3 of 1989, section 4, w.e.f 25.4.89.
*** Amended by Act 3 of 1989, section 5, w.e.f 25.4.89.
 293

(b) wilfully does or omits to do, anything in breach of any of the conditions
of his licence, or permit, not otherwise provided for in this Act; or

(c) save in a case provided for by section 31 wilfully contravenes any rule
made under section 70; or

(d) permits drunkenness, disorderly conduct or gaming in any place wherein

any intoxicant is sold or manufactured; or

(e) permits or suffers persons whom he knows or has reason to believe to

have been convicted of any non-bailable offence, or who are reputed prostitutes or
habitual offenders, to resort to, or assemble or remain in or on the premises where
any excisable article is sold or manufactured; or

(f) sells any intoxicant to a person who is drunk; or

(g) sells or gives any intoxicant to any child apparently under eighteen years
of age or permits or suffers such child to remain in or on the premises where any
excisable article is sold, or manufactured; or

(h) in contravention of section 19 employs or permits to be employed on any

part of his licensed premises referred to in that section any child or woman;

shall, on conviction, be punished *[with rigorous imprisonment for a term which

shall not be less than one month but which may extend to one year and with fine
which shall not be less than five thousand rupees but which may extend to fifty
thousand rupees].

(2) Where any holder of a licence or permit under this Act or any person in
his employ or acting on his behalf is charged with permitting drunkenness on the
premises of such holder, and it is proved that any person was drunk on such
premises, it shall lie on the person charged to prove that the holder of the licence
and the persons employed by him took all reasonable steps for preventing
drunkenness on such premises.

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 294

Penalty for adulteration, etc., by licensed vendor or manufacturer

36. (1) Whoever, being the holder of a licence for the sale or manufacture of
any intoxicant under this Act, or a person in the employ of such holder mixes or
permits to be mixed with the intoxicant sold or manufactured by him, any noxious
drug or any foreign ingredient likely to add to its actual or apparent intoxicating
quality or strength, or any article prohibited by any rule made under this Act, when
such admixture does not amount to an offence of adulteration under section 272 of
the Indian Penal Code, 1860 (Central Act 45 of 1860) shall, on conviction, be
punished *[with rigorous imprisonment for a term which shall not be less than one
month but which may extend to one year and with fine which shall not be less than
five thousand rupees but which may extend to fifty thousand rupees]

(2) Whoever, being the holder of a licence for the sale or manufacture of
any intoxicant under this Act, or a person in the employ of such holder, ---
(a) sells or keeps or exposes for sale as foreign liquor, liquor which he knows
or has reason to believe to be Indian liquor; or
(b) marks any bottle or the cork of any bottle, case, package, or other
receptacle containing Indian liquor, or uses any bottle, case, package or other
receptacle containing Indian liquor, with any mark thereon or on the cork thereof,
with the intention of causing it to be believed that such bottle, case, package or
other receptacle contain foreign liquor, when such act shall not amount to the
offence of using a false trade mark with intention to deceive or injure any person
under section 482 of the Indian Penal Code (Central Act 45 of 1860); or
(c) sells or keeps or exposes for sale any Indian liquor in a bottle, case,
package or other receptacle with any mark thereon or on the cork thereof with the
intention of causing it to be believed that such bottle, case, package or other
receptacle contains foreign liquor, when such act shall not amount to the offence of
selling goods marked with counterfeit trade mark under section 486 of the Indian
Penal Code (Central Act 45 of 1860);

shall, on conviction, be punished *[with rigorous imprisonment for a term which

shall not be less than one month but which may extend to one year and with fine
which shall not be less than five thousand rupees but which may extend to fifty
thousand rupees].

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 295

Penalty for consumption in Chemist’s shop, etc.

37. (1) A chemist, druggist, apothecary or keeper of a dispensary, who allows

any intoxicant which has not been bona fide medicated for medicinal purposes to
be consumed on his business premises, by any person shall, on conviction, be
punished *[with rigorous imprisonment for a term which shall not be less than one
month but which may extend to one year and with fine which shall not be less than
ten thousand rupees but which may extend to one lakh rupees].
(2) Any person not employed as aforesaid, who consumes any such
intoxicant on such premises shall on conviction, be punished with fine *[which shall
not be less than two thousand rupees but which may extend to twenty thousand
rupees].

Penalty for allowing premises, etc., to be used for

the purpose of committing an offence under this Act

1 [37-A. Whoever, being the owner or occupier or having the use or care or
management or control of any place, room, enclosure, space, vessel, vehicle
knowingly permits it to be used for the purpose of commission by any other person
of an offence punishable under section 31, 32, 33, 35 or 36 shall, on conviction, be
punished as if he has committed the offence punishable under the appropriate
section.]

Manufacture, sale or possession by one person on account of another

38. (1) Where any intoxicant has been manufactured or sold or is possessed by
any person on account of any other person and such other person known or has
reason to believe that such manufacture or sale was or that such possession is, on
his account, the article shall, for the purposes of this Act, be deemed to have been
manufactured or sold by or to be in the possession of such other person.

(2) Nothing in sub-section (1) shall absolve any person, who manufactures,
sells or has possession of any intoxicant on account of another person from liability
to any punishment under this Act for unlawful manufacture, sale or possession of
such article.

* Amended by Act 3 of 1989 w.e.f 25.4.89.

1. Inserted by Act 7 of 1972.
 296

Presumption as to commission of offence in certain cases

39. In prosecutions under section 31 or section 33, it shall be presumed, until the
contrary is proved, that the accused person has committed the offence punishable
under that section in respect of ---

(a) any intoxicant; or

(b) any still, utensil, implement or apparatus whatsoever in the manufacture

of any intoxicant other than toddy; or

(c) any materials which have undergone any process towards the
manufacture of an intoxicant or from which an intoxicant has been manufactured,
for the possession of which he is unable to account satisfactorily.
Criminal liability of licensee for acts of servants

40. Where any offence under section 31, section 32, section 33, section 35 or
section 36 is committed by any person in the employ and acting on behalf of the
holder of a licence or permit granted under this Act, such holder shall also be
punishable as if he had committed himself the said offence, unless he establishes
that all due and reasonable precautions were exercised by him to prevent the
commission of such offence:

Provided that no person other than the actual offender shall be punishable
under this section with imprisonment, except in default of payment of fine.
Enhanced punishment after previous conviction

41. If any person, after having been previously convicted of an offence

punishable under section 31, section 32, section 33, section 36 or section 37 or under
the corresponding provisions of any enactment repealed by this Act, subsequently
commits and is convicted of an offence punishable under any of these sections, he
shall be liable to twice the punishment which might be imposed on a first
conviction under this Act:

Provided that nothing in this section shall prevent any offence which might
otherwise have been tried summarily under Chapter XXII of the Code of Criminal
Procedure, 1898 from being so tried.
 297

Liability of certain things to confiscation

42. Whenever an offence has been committed which is punishable under this
Act, the following things shall be liable to confiscation, namely: -
(a) any intoxicant, materials, still, utensil, implement or apparatus in respect
of, or by means of which such offence has been committed;
(b) any intoxicant lawfully imported, transported, or manufactured, and held
in possession or sold alongwith, or in addition to, any intoxicant liable to
confiscation under clause (a); and
(c) any receptacle, package, or covering in which anything liable to confiscation
under clause (a) or clause (b), is found, and the other contents, if any, of such
receptacle, package or covering and any animal, vehicle , vessel, raft or other
conveyance used for carrying the same;

Provided that, if anything specified in clause (c) is not the property of the
offender, it shall not be confiscated if the owner thereof had no reason to believe
that such offence was being or was likely to be committed.

Order of confiscation

43. (1) Where in any case tried by him, the Magistrate decides that anything is
liable to confiscation under section 42, he may either order confiscation or may give
the owner of the thing liable to be confiscated an option to pay in lieu of
confiscation such fine as the Magistrate thinks fit.
(2) When an offence under this Act has been committed, but the offender
not known or cannot be found, or when anything liable to confiscation under this
Act, and not in the possession of any person cannot be satisfactorily accounted for,
the case shall be inquired into and determined by the Excise Commissioner or by
any other officer authorised by the Government in that behalf, who may order such
confiscation:
Provided that no such order shall be made until the expiration of one
month from the date of seizing the goods intended to be confiscated or without
hearing the persons, if any, claiming any right thereto, and the evidence, if any,
which they produce, in support of their claims:
Provided further that if the thing in question is liable to speedy and natural
decay, or if the Excise Commissioner or by any other officer authorised by the
Government in this behalf is of opinion that the sale would be for the benefit of its
owner, he may, at any time, direct it to be sold and the provisions of this section
shall, as nearly as may be practicable, apply to the net proceeds of such sale.
 298

Compounding of offences

44. (1) The Excise Commissioner, *[and subject to such conditions as may be
prescribed] the Deputy Commissioner, or any other Excise Officer specially
empowered in that behalf may accept from any person whose licence or permit is
liable to be cancelled or suspended under clause (a) or clause (b) of sub-section (1)
of section 28 or who is reasonably suspected of having committed an offence under
*[clauses (b) to (h) of section 31], section 32, section 33, section 34, section 35 or sub-
section (2) of section 36, a sum of money not exceeding *[one lakh rupees] and
subject to such minima as may be prescribed, in lieu of such cancellation or
suspension or by way of compensation for the offence which may have been
committed, as the case may be; and in all cases in which any property has been
seized as liable to confiscation under this Act, may release the same on payment of
the value thereof as estimated by such officer.

(2) On the payment of such person of such sum of money or such value or
both, as the case may be, such person, if in custody, shall be set at liberty and all the
property seized may be released and no proceedings shall be instituted against such
person in any Criminal Court. The acceptance of compensation shall be deemed to
amount to an acquittal and in no case shall any further proceedings be taken against
such person or property with reference to the same act.

Penalty on Excise Officer making vexatious search, seizure,

detention or arrest

45. Any Excise Officer or other person who vexatiously and without reasonable
ground for suspicion ---
(a) enters or searches or causes to be entered or searched any closed place
under colour of exercising any power conferred by this Act, or
(b) seizes the movable property of any person on the pretext of seizing or
searching for any article liable to confiscation under this Act, or
(c) searches, detains or arrests any person, or
(d) in any other way exceeds his lawful powers under this Act,

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 299

shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to five hundred rupees, or with both.

Penalty for Excise Officer refusing to do duty

46. Any Excise Officer, who, without lawful excuse shall cease or refuse to
perform or withdraws himself from, the duties of his office, unless expressly
allowed to do so in writing by the Excise Commissioner, or unless he shall have
given to his official superior officer two months’ notice in writing of his intention to
do so, or who shall be guilty of cowardice, shall, on conviction, be punished with
imprisonment, which may extend to three months, or with fine which may extend
to five hundred rupees, or with both.

Penalty for vexatious delay

47. Any officer or person exercising powers under this Act, who vexatiously and
unnecessarily delays forwarding to the nearest Excise Officer or to the officer in
charge of the nearest police station as required by sub-section (2) of section 58 any
person arrested, shall, on conviction, be punished with fine which may extend to
two hundred rupees.

Penalty for abetment of escape of persons arrested, etc.

48. Any officer or person who unlawfully releases or abets the escape of any
person arrested under this Act or abets the commission of any offence against this
Act, or acts in any manner inconsistent with his duty for the purpose of enabling
any person to do anything whereby any of the provisions of this Act may be evaded
or contravened or the excise revenue may be defrauded and any officer of any other
Department referred to in section 49 who abets the commission of any offence,
against this Act in any place, shall, on conviction, for every such offence, be
punished *[with rigorous imprisonment for a term which shall not be less than
three months but which may extend to three years and with fine which shall not be
less than five thousand rupees but which may extend to fifty thousand rupees].

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 300

CHAPTER VIII

DETECTION, INVESTIGATION AND TRIAL OF OFFENCES

Landholders, officers and others to give information

49. (1) Whenever any intoxicant is manufactured or collected, or any hemp

plant is cultivated, in or on any land or building, in contravention of this Act -
(a) all owners and occupiers of such land or building or their agent, and
(b) (i) Village Karnams or the peons working under them,
(ii) all officers (other than Excise Officers), employed in the collection of
revenue or rent of land on behalf of the Government, or a local authority in the
locality in which such land or building is situated, shall, in the absence of
reasonable excuse, be bound to give notice of the fact to a magistrate or to an officer
of the Excise or Police or Revenue Department as soon as the fact comes to their
knowledge.

(2) Every Excise Officer shall be bound to give immediate information

either to his immediate official superior or to an Excise Inspector, of all breaches of
any of the provisions of this Act, which may come to his knowledge under sub-
section (1) or otherwise.

(3) All such officers, or servants as are referred to in sub-section (1) shall be
bound ---
(a) to take all reasonable measures in their power to prevent the commission
of such breaches which they may know, or have reason to believe are about or
likely to be committed; and
(b) to assist the Excise Commissioner in carrying out the provisions of this
Act.
Power to enter and inspect places of manufacture and sale

50. The Excise Commissioner or a Deputy Commissioner or any other Excise

Officer not below such rank as may be prescribed, or any Police Officer duly
empowered in that behalf, may ---
(a) enter and inspect, at any time, by day or by night, any place in which any
licensed manufacturer, manufacturers or stores any intoxicant, and
(b) enter and inspect at any time within the hours during which sale is
permitted, and at any other time during which the same may be open, any place in
which any intoxicant is kept for sale by any person holding a licence under this Act;
and
 301

(c) examine the accounts and registers, and examine, test, measure or weigh
any materials, stills, utensils, implements, apparatus, or intoxicant found in such
place.

Power to arrest without warrant, to seize articles liable for

confiscation and to make searches

51. (1) Any officer of the Government employed in the Excise, Police or
Revenue Department of the Union territory, subject to such restrictions as may be
prescribed, and any other person duly empowered, may --
(a) arrest without warrant any person found committing an offence
punishable under section 31, section 32, section 33 section 35 or section 36;
(b) seize and detain any excisable or other article which he has reason to
believe to be liable to confiscation under this Act, or any other law for the time
being in force, relating to excise revenue; and
(c) detain and search any person upon whom, and any vessel, raft, vehicle,
animal, package, receptacle or covering in or upon which, he may have reasonable
cause to suspect any such article to be.

(2) When any person is accused or is reasonably suspected of committing

an offence under this Act, other than an offence under section 31, section 32, section
33, section 35 or section 36 and on demand of any such officer as aforesaid, refuses
to give his name and residence or gives a name and residence which such officer
has reason to believe is false, he may be arrested by such officer, in order that his
name and residence may be ascertained.

Power of magistrate to issue a warrant

52. If a magistrate, upon information and after such enquiry (if any) as he thinks
necessary, has reason to believe that an offence under section 31, section 32, section
33, section 35 or section 36 has been, is being, or is likely to be, committed, he may
issue a warrant ---

(a) for the search of any place in which he has reason to believe that any
intoxicant, still, utensil, implement, apparatus or materials which are used for
the commission of such offence or in respect of which such offence has been is
being, or is likely to be, committed, are kept or concealed, and
 302

(b) for the arrest of any person whom he has reason to believe to have
been, to be, or to be likely to be, engaged in the commission of any such
offence.
Power to search without warrant

53. Whenever the Excise Commissioner or a Deputy Commissioner or any police

officer not below the rank of an officer in-charge of a police station *[duly
empowered in that behalf] or any Excise Officer not below the rank of Excise Sub-
Inspector, has reason to believe that an offence under section 31, section 32, section
33, section 35, or section 36 has been, is being, or is likely to be, committed, and that
a search warrant cannot be obtained without affording the offender an opportunity
of escape or of concealing evidence of the offence, he may, after recording the
grounds of his belief ---

(a) at any time by day or by night enter and search any place and seize
anything found therein which he has reason to believe to be liable to
confiscation under this Act; and

(b) detain and search, if he thinks proper, arrest any person found in
such place whom he has reason to believe to be guilty of such offence as
aforesaid.

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 303

Power of Excise Officers in matters of investigation

54. (1) Any Excise Inspector or any Excise Officer not below such rank and
within such specified area as the Government may, by notification, prescribe, may,
as regards offences under section 31, section 32, section 33, section 35 or section 36,
exercise powers conferred on an officer in charge of a police station by the
provisions of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898):

Provided that any such power shall be subject to such restrictions and
modifications, if any, as the Government may prescribe.

(2) For the purposes of section 156 of the said Code, the area in regard to
which an Excise Inspector is empowered under sub-section (1), shall be deemed to
be a police station and such officer shall be deemed to be the officer in charge of
such station.
Report by Investigating Officer

55. If, on any investigation by an Excise Inspector or an Excise Officer

empowered under sub-section (1) of section 54, it appears that there is sufficient
evidence to justify the prosecution of the accused, the Investigating Officer, shall
submit a report which shall, for the purposes of section 190 of the Code of Criminal
Procedure 1898 (Central Act 5 of 1898), be deemed to be a police report, to a
Magistrate having jurisdiction to inquire into or try the case and empowered to take
cognizance of offences on police reports.

Report by Excise Officer

56. Where any Excise Officer below the rank of an Excise Inspector makes any
arrest, seizure or search under this Act, he shall, within twenty four hours thereafter
---

(a) make a full report of all the particulars of the arrest, seizure
search to his immediate official superior, and

(b) unless bail be accepted under section 58, take or send the person
arrested or the thing seized, with all convenient despatch, to a Magistrate
for trail or adjudication.
 304

Arrest, search, etc., how to be made

57. Any person arrested under this Act shall be informed, as soon as may be, of
the grounds for such arrest and save as in this Act otherwise expressly provided,
the provisions of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898)
relating to arrests, detention in custody, searches, summonses, warrants of arrests,
search warrants, the production of persons arrested and the disposal of things
seized, shall apply, as far as may be, to all action taken in these respects under this
Act.

Security for appearance in case of arrest without warrant

58. (1) The Government may, by notification, empower any Excise Officer to
release on bail, persons arrested under this Act, otherwise than on a warrant.

(2) When a person is arrested under this Act, otherwise than on a warrant,
by a person or officer who is not authorised to release arrested persons on bail, he
shall be produced before or forwarded to, ---
(a) the nearest Excise Officer who has authority to release arrested persons on
bail, or
(b) the nearest officer in charge of the police station, whoever is nearer.

(3) Whenever any person arrested under this Act, otherwise than on a
warrant, is prepared to give bail, and is arrested by or produced in accordance with
sub-section (2) before an officer who has authority to release arrested persons on
bail, he shall be released on bail or at the discretion of the officer releasing him, on
his own bond.

(4) The provisions of sections 490 to 502, section 513, section 514 and
section 515 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), shall
apply, so far as may be, in every case, in which bail is accepted or, bond taken
under this section.

Procedure for prosecution

59. No Magistrate shall take cognizance of an offence punishable ---

(a) under section 34 or section 37 except on the complaint or report of the

Deputy Commissioner or of an Excise Officer authorised by the Government in this
behalf, or
 305

(b) under any other section of this Act other than section 45 of section 47,
except on his own knowledge or suspicion or on the complaint or report of *[an
excise officer or a police officer duly authorised in that behalf].

CHAPTER IX

APPEALS AND REVISION

Appeals

60. (1) Any person aggrieved by an order passed by any officer other than the
Excise Commissioner or Deputy Commissioner under this Act, may, within sixty
days from the date of communication of such order, appeal to the Deputy
Commissioner.

(2) Any person aggrieved by an order passed by the Deputy Commissioner

under this Act, may, within ninety days from the date of communication of such
order, appeal to the Excise Commissioner.

(3) Any person aggrieved by an order passed by the Excise Commissioner

whether on appeal under sub-section (2) or otherwise, may, within ninety days
from the date of communication of such order, appeal to the Government.

(4) Subject to the foregoing provisions, appeals under this section, shall be
subject to the rules which the Government may make in this behalf.

Revision

61. The Government may call for and examine the records of any proceedings
before any officer including those relating to the grant or refusal of a licence, or
permit, for the purpose of satisfying itself as to the correctness, legality or propriety
of any order passed in, and as to the regularity of such proceedings and may either
annul, reverse, modify or confirm such order or pass such other order as it may
deem fit:

* Amended by Act 3 of 1989 w.e.f 25.4.89.

Provided that no order shall be annulled, reversed or modified except after

giving a reasonable opportunity of being heard to the person affected by that order.
 306

CHAPTER X

MISCELLANEOUS

Recovery of Government dues

62. (1) The following moneys, namely: -

(a) all excise revenue,
(b) any loss that may accrue when, in consequence of default, a lease
under section 16 has been taken under management by the
Deputy Commissioner, or has been re-sold by him, and
(c) of amounts due to the Government by any person on account of
any contract relating to the excise revenue,

may be recovered from the person primarily liable to pay the same or from his
surety, if any, as if they were arrears of land revenue.

(2) When a lease has been taken under management by the Deputy
Commissioner, or has been resold by him, the Deputy Commissioner may recover
in the manner authorised by sub-section (1), any money due to the defaulter by any
lessee or assignee.

Government lien on property of defaulters

63. In the event of default by any person licensed or holding lease under this
Act, all his distillery, brewery or warehouse or shop or premises, fittings or
apparatus, and all stocks of intoxicants or materials for the manufacture of the same
held in or upon any distillery, brewery, warehouse or shop or premises, shall be
liable to be attached in satisfaction of any claim for excise revenue, or in respect of
any losses incurred by the Government through such default and to be sold to
satisfy such claim which shall be a first charge upon the sale proceeds.
 307

Recovery of dues by lessee under section 16

64. Any person to whom a lease has been granted in accordance with the
provisions of section 16, may, in a case where sub-letting is not forbidden by the
terms of the lease, proceed against any person holding under him for the recovery
of any money due in respect of such sub-lease as if it were an arrear of rent
recoverable under the law for the time being in force with regard to landlord and
tenant:
Provided that nothing in this section shall affect the right of any such
grantee to recover any such money by a civil suit.

Refund in cases of exported liquor

65. Where excise duty has been levied in respect of the manufacture or
production of any liquor in the Union territory and such liquor is subsequently
exported to any other state in India and is subjected to excise or countervailing duty
in that state, the Excise Commissioner may on production of proof of such payment
of duty, grant refund of duty already paid to such extent as the Government may
prescribe:
Provided that where the Government so directs, the Excise Commissioner
may, permit during such period or periods as may be specified in such direction,
the export of any liquor on which excise duty is payable, on the furnishing of
adequate security for payment of the excise duty due thereon; and, on production
of proof of payment of countervailing duty on such liquor in any other State give
rebate to the extent prescribed under this section and collect the balance of the
excise duty.
Power of Government to exempt, etc.

66. The Government may, by notification, and subject to such restrictions and
conditions, as may be specified in such notification, ---
(a) exempt, reduce or remit either in whole or in part *[prospectively or
retrospectively] the excise duty levied under section 21 on any liquor sold,
(i) for use or consumption by the members of the Armed Forces of the
Union; or
(ii) for use for bona fide medicinal, scientific, industrial or such like purpose;
(b) exempt any intoxicant from any of the provisions of this Act, other than
those of chapter V, in any specified area or for any specified period or occasion.

* Amended and deemed to have come into force on and from 23 rd April, 2007 vide the Puducherry Excise
(Amendment) Act, 2011.
 308

Protection of action taken under this Act

67. No suit or other legal proceedings shall lie against the Government or any
Excise Officer or any other person empowered to exercise powers or to perform the
functions under this Act for anything in good faith done or intended to be done
under this Act.
Limitation of suits

68. No suit shall lie against the Government or against any Excise Officer, other
than a suit by the Government, in respect of anything done or alleged to have done
in pursuance of this Act, unless the suit is instituted within six months from the
date of the act complained of.

Offences by companies, etc.

69. (1) If the person committing of an offence under this Act, is a company, the
company as well as every person in-charge of, and responsible to the company for
the conduct of its business at the time of the commission of the offence shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:

Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercise all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence

under this section has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any Director,
Manager, Secretary, or other officer of the Company, such Director, Manager,
Secretary or other officer shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.

Explanation: - For the purposes of this section, --

(a) “company” means any body corporate and includes a firm or other
association of individuals, and
(b) “director”, in relation to a firm, means a partner in the firm.
 309

Power to make rules

70. (1) The Government may, by notification and after previous publication,
make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

provision, the Government may make rules ---

(a) prescribing the powers and duties of Excise Officers;

(b) prescribing the time and manner of presenting appeals and the procedure
for dealing with appeals;

(c) regulating the import, export, transport, manufacture, cultivation,

collection, possession, supply or storage of any intoxicant and may, by such rules,
among other matters --
(i) regulate the tapping of toddy producing trees, the drawing of toddy
from such trees, the marking of same, and the maintenance of such marks,
(ii) declare the process by which spirit shall be denatured and the
denaturation of spirit ascertained; and
(iii) cause spirit to be denatured through the agency or under the
supervision of its own officers;

(d) regulating the periods and localities in which, and the persons or classes
of persons to whom, licences for the wholesale or retail sale of any intoxicant may
be granted and regulating the number of such licences which may be granted in any
local area;

(e) prescribing the procedure to be followed and the matters to be

ascertained before any licence for such sale is granted for any locality;

(f) regulating the time, place and manner of payment of any duty or fee and
the taking of security for the due payment of any duty or fee;

(g) prescribing the authority by which, the form in which and the terms and
conditions on and subject to which any licence or permit shall be granted, and may,
by such rules, among other matters, ---
(i) fix the period for which any licence or permit shall continue in force;
(ii) prescribe the scale of fees, or the manner of fixing the fees payable in
respect of any lease, licence or permit, or the storing of any excisable article;
(iii) prescribe the amount of security to be deposited by the holders of any
licence or permit for the performance of the conditions of the same;
 310

(iv) prescribe the accounts to be maintained and the returns to be submitted

by licence holders;
(v) prohibit or regulate the transfer of licences; and
(vi) prescribe the ages under which it shall be unlawful to employ children
and to sell or give to children excisable articles;

(h) providing for the destruction or other disposal of any intoxicant deemed
to be unfit for use;

(i) regulating disposal of confiscated articles;

(j) regulating the grant of expenses to witnesses and to persons charged with
offences under this Act, and subsequently released or acquitted;

(k) regulating the power of Excise Officers to summon witnesses;

(l) prescribing the rent payable to the Government in respect of toddy trees
from which toddy is drawn;
1 [(11) regulating the import, export, transport, sale or possession of
molasses;]

(m) any other matter that may be prescribed under this Act.

*[2-A. All rules made under this Act and published in the official gazette
shall, unless they are expressed to come into force on a particular day, come into
force on the day on which they are so published.

2-B. All notification issued under this Act and published in the official
gazette shall, unless they are expressed to come into force on a particular day, come
into force on the day on which they are so published.]

(3) Every rule made under this Act shall, as soon as may be after it is made,
be laid before the Legislative Assembly, Puducherry, while it is in session for a total
period of fourteen days which may be comprised in one session or into two or more
successive sessions, and if before the expiry of the session in which it is so laid, or
the sessions immediately following, the Legislative Assembly makes any
modification in the rule or decides that the rule should not be made or issued, the
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.

1. Inserted by Act 7 of 1972.

* Inserted vide the Puducherry Excise (Amendment) Act, 2011.
 311

Power to amend the schedule

*[70A. (1) The Government may by notification, alter, add to or cancel the
Schedule I.

(2) Where a notification has been issued under sub-section (1), there shall,
unless, the notification is in the meantime rescinded, be introduced in the
Legislative Assembly as soon as may be, but in any case during the next session of
the Legislative Assembly following the date of the issue of the notification, a Bill on
behalf of the Government to give effect to the alternation, addition or cancellation,
as the case may be, of the Schedule I and the notification shall cease to have effect
when such Bill becomes law, whether with or without modifications, but without
prejudice to the validity of anything previously done thereunder:

Provided that if the notification under sub-section (1) is issued when the
Legislative Assembly is in session, such a Bill shall be introduced in the Legislative
Assembly during that session:

Provided further that where for any reasons a Bill as aforesaid does not
become law within six months from the date of its introduction in the Legislative
Assembly, the notification shall cease to have effect on the expiration of the said
period of six months.

(3) All references made in this Act to the Schedule I shall be construed as
relating to the said Schedule as for the time being amended in exercise of the
powers conferred by this section].

Repeal and savings

71. (1) As from the commencement of this Act, any law in force in the Union
territory including the Deliberations, Arrete and the Act specified in Schedule II, in
so far as it makes provisions for matters covered by his Act, shall stand repealed.

(2) Nothing in sub-section (1) shall affect –

(a) the previous operation of the corresponding law so repealed or
anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under the corresponding law so repealed; or

* Amended by Act 3 of 1989 w.e.f 25.4.89.

 312

(c) any penalty, forfeiture or punishment incurred in respect of any

offence committed against the corresponding law so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any

such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted,

continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed.

(3) Subject to the provisions of sub-section (2), anything done or any action
taken (including any appointment or delegation made, notification, instruction or
direction issued, any rule or form framed, certificate obtained, patent, permit or
licence granted, or registration effected) under the corresponding law shall be
deemed to have been done or taken under this Act.
 313

SCHEDULE – I
(See section 21)

Sl. Description of Mode of levying Maximum rate of ++[Maximum

No. excisable articles duty duty rate of
Additional Duty

(1) (2) (3) (4) (5)

1. Spirituous liquors, On the quantity +[Rs.150 per Rs.750 per bulk

liquors whether issued. proof litre of litre of IMFL
Indian made or alcohol]
foreign
manufactured or
imported in the
Union territory,
rectified or semi-
rectified spirit and
arrack patte.
2. ‘Wine’ cider and On the quantity Rs.24 per bulk Rs.750 per bulk
Perrys. issued. hecto-litre litre of Wine
3. Beer. On the quantity Rs.*[500] per bulk Rs.50 per bulk
issued. hecto-litre. litre of Beer]
4. Denatured spirit, On the quantity Rs.50 per bulk
methylated spirit. issued. hecto-litre.
5. Toddy. On each variety
of the following
trees per year.
1. Cocoanut tree Rs. 18 per tree.
2. sago palm Rs. 36 per tree.
3. Palm Rs. 6 per tree.
4. Date Rs. 6 per tree.
6. Bottled toddy. On the quantity Rs. 60 per bulk
issued. hecto litre.

+ + Inserted vide Amendment Act 8 of 2007 w.e.f 23.04.07.

+ Amended vide Act 5 of 2000 w.e.f 10.3.2000.
* Amended vide Act 8 of 1999 w.e.f 31.3.1999.
 314

SCHEDULE – II
(Section 71)

Sl.
Deliberations Arrete and Act.
No.
Promulgated
1. Deliberations dated 14. 1.1906 by Arrete 28. 3.1907
dated
2. " 24.12.1908 " 2. 2.1910
3. " 23.12.1911 " 22. 9.1912
4. " 30.12.1911 " 2.10.1912
5. " 1.10.1913 " 22.11.1916
6. " 13.12.1917 " 26.10.1918
7. " 22.11.1918 " 11.11.1919
8. " 25.11.1919 " 3.11.1920
9. " 20.12.1922 " 9. 6.1923
10. " 10.12.1923 " 28. 6.1924
11. " 30.11.1925 " 20. 5.1926
12. " 1.10.1952 " 9.12.1952
13. " … Arrete dated 26. 7.1962

14. Puducherry Alcoholic Liquors Consumption Duty (Amendment) Act, 1966

(Act No. 5 of 1966).

_______
 315

STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 12 OF 1970

There is no comprehensive Excise law in force in this Union territory at
present. A set of French deliberations deal with toddy, while another set deals with
arrack, and so on. Inspite of their large number, the existing deliberations are not
able to cope with present day needs. For instance, except doubling of consumption
duty in 1965, no revision of fees under the deliberation has been effected since de
jure transfer. Besides, under the present set-up, no export duty can be levied on the
excisable articles and similarly no duty can be levied on the import of denatured
spirit. Thus the Administration is losing a sizable revenue under these items. The
upward revision and levy of fees under these items have become imperative now in
the context of raising the additional resources for the implementation of the Fourth
Five Year Plan.
The deliberations now in force do not provide for on the spot arrest of the
accused by the Excise Officers. So, in many cases, it so happens that the accused
give false names and escape the clutches of law. Further, the deliberations do not
provide for a deterrent punishment, as imprisonment can be given only in default
of payment of fines. This has been commented upon by the Committee on Estimates
also.
It has therefore become necessary to undertake a comprehensive legislation
relating to production, manufacture, possession, import, export, transport, purchase
and sale of liquors and the levy of duties of excise due thereon.
The Bill seeks to achieve the above objects.
______

STATEMENT OF OBJECTS AND REASONS FOR ACT 7 OF 1972

The Molasses Control Order, 1961 was extended to this Union territory on
7.6.1965. It was decided to frame rules after obtaining legislative authority under
the Excise Act. When the question of framing of rules on the subject was taken up, it
was felt that this could be done only after making suitable amendments to the
Excise Act. It is therefore been decided to insert a new definition 2 (20-A) and a new
section 8-A for the purpose. Besides, it has been considered necessary to insert a
new section 37-A for providing for penalty for allowing one’s premises, vehicles,
etc. to be uses for the purpose of committing an offence under the Act. Schedule-I is
also amended with a view to empower the Government to levy excise duty on the
bottled toddy produced locally.

The Bill seeks to achieve the above objects.

_____
 316

STATEMENT OF OBJECTS AND REASONS FOR ACT 3 OF 1989

The Puducherry Excise Act, 1970 (No.12 of 1970) in Chapter VII provides for offences and
penalties. The penalties provided for various offences are not adequate. Even where the offences are
compoundable, the maximum compounding fee, which can be levied has been fixed at Rs.1,000 only.
These inadequate penalties have no deterrent effect against the commission of offences, violating the
provisions of the above said Act. The liquor trade being a spurious one having bearing on the health
of the people, it is felt necessary to make the penalties under the Excise Act stringent to have the
deterrent effect on the offenders. It is therefore proposed to amend the penal provisions of the
Puducherry Excise Act with a view to enhance the terms of imprisonment and the amount of fine
leviable for different offences and also prescribe in appropriate cases mandatory minimum
punishment of imprisonment and fine. It is also felt necessary to provide for empowering the police
officers to conduct searches without warrant under section 53 and to file complaint for prosecution
under section 59 (b). It is further proposed to enhance the maximum limit of excise duty provided
for against item No.1 of the Schedule I from Rs.2,700 to Rs.6,000. For timely revision of excise duties,
it is proposed to take power to amend the Schedule by a notification subject to passing of legislation
subsequently to carry out the amendment made by the notification in the Schedule I.

The Bill seeks to achieve the above objects.

_____
STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 2007

It was announced in the budget speech for the year 2007-2008 by the Chief Minister that
Additional Excise Duty/Additional Countervailing Duty on IMFL, Wine and beer will be
introduced in lieu of sales tax. Pursuant to the announcement, Government have issued a
notification under section 70A of the Puducherry Excise Act, 1970 (12 of 1970) making an
amendment to Schedule-I to the said Act providing the maximum rate of Additional Duty upto
Rs.750 per bulk litre on IMFL and Wine and maximum rate of Additional Duty upto Rs.50 per bulk
litre on Beer, to accommodate the subsequent increase of rates in future, if any. As required under
the first proviso to sub-section (2) of section 70-A of the said Act, a bill to give effect to the above
amendment to Schedule-I, is introduced in the Legislative Assembly.
The Bill seeks to achieve the above objects.
________
STATEMENT OF OBJECTS AND REASONS FOR EXCISE (AMENDMENT) ACT 2011

In order to provide a uniform law relating to the production, manufacture, possession,

import, export, transport, purchase and sale of liquor and intoxicants and the levy of duties of excise
thereon in the Union territory of Puducherry, the Puducherry Excise Act, 1970 was enacted on 3 rd
June 1970. Entry 51 of list II of Seventh Schedule to the Constitution empowers the States to collect
duties of excise on the goods of alcoholic liquor for human consumption manufactured or produced
elsewhere in India. It was announced in the Budget Speech for the year 2007-2008 that Sales Tax on
IMFL and Beer is abolished and in lieu thereof, additional excise duty was imposed for mobilising
additional revenue to the exchequer. In order to have better implementation of the rules certain
modifications and amendments are required to be carried out in the relevant sections of the
Puducherry Excise Act, 1970.

The Bill seeks to achieve the above objects.

_____
 317

THE PUDUCHERRY TOWN AND COUNTRY PLANNING ACT, 1969

(No. 13 of 1970)
________________________________________________________________________
ARRANGEMENT OF SECTIONS

CHAPTER I
Preliminary

SECTION

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Puducherry Town and Country Planning Board

3. Puducherry Town and Country Planning Board.

4. Term of office and conditions of service of Chairman and members of
the Town and Country Planning Board.
4A. No disqualification on certain cases.
5. Functions and powers of the Board.
6. Meetings of the Board.
7. Appointment of Committees by the Board.

CHAPTER III

Planning areas, Senior Town Planner and Planning Authorities.

8. Declaration of Planning areas, their amalgamation, sub-division and

inclusion of any area with Planning area.
9. Powers to withdraw a planning area from operation of this Act.
10. Senior Town Planner.
11. Planning Authorities.
12. Functions and powers of the Planning Authority.
13. Term of Office and conditions of service of the Chairman and
members of Planning Authorities.
14. Meetings of Planning Authorities.
15. Temporary association of persons with the Planning Authority.
16. Staff of the Planning Authority.
 318

CHAPTER IV
Preparation of Land Use Map and Register.

17. Preparation of Existing Land and Building Use Map and Register.
18. Notice of the Preparation of the Map and Register.
19. Appeal to the Board.
20. The power of the Government in case of default of the Planning
Authority to prepare the Map and Register.

CHAPTER V
Development Plans

21. Interim Development Plans.

22. Comprehensive Development Plan.
23. Power of the Government in case of default of planning Authority to
prepare Development Plan.

CHAPTER VI
Detailed Development Plans.

24. Declaration of intention to make or adopt a Detailed Development

Plan.
25. Notification of Resolution to make or adopt Detailed Development
Plan.
26. Preparation and Submission of the Detailed Development Plan.
27. Preparation and Submission of Detailed Development Plan on
direction by the Government.
28. Contents of Detailed Development Plan.
29. Powers of Government in case of default of Planning Authority to
prepare a Detailed Development Plan.

CHAPTER VII
Procedure for approval and preparation of Development Plans.

30. Consent of the Government to the publication of notice of preparation

of Development Plan.
31. Public notice of the preparation of the Development Plan.
32. Approval by the Government.
33. Coming into operation of the Development Plan.
34. Amendment of Development Plans.
35. Suspension of plan in emergency by the Government.
 319

CHAPTER VIII
Control of development and use of land

36. Use and development of land to be in conformity with Development

Plan.

37. Prohibition of Development without payment of development charges

and without permission.

38. Appeal against grant of permission subject to conditions or refusal of

permission.

39. Lapse of permission.

40. Obligation to acquire on refusal of permission, or on grant of
permission in certain cases.

41. Compensation for refusal of permission or grant of permission subject

to conditions in certain cases.

42. Power of revocation and modification of permission to develop.

43. Penalty for unauthorised Development or for use otherwise than in
conformity with the Development Plan.

44. Power to require removal of unauthorised development.

45. Power to stop unauthorised development.
46. Power to require removal of unauthorised development or use.
47. Power to make Building Bye-laws and Zoning Regulations.

CHAPTER IX
Acquisition and disposal of land

48. Acquisition of land for purposes of Development Plan to be deemed

for a public purpose.
49. Acquisition of land for Development Plan.
50. Power of Government to acquire land included in the Development
Plan.
51. Amendment of the Land Acquisition Act, 1894 for purposes of
acquisition.
51A. Compensation for damage suffered in consequence of delay in
making award.
52. Disposal of land.
 320

CHAPTER X
Levy, assessment and recovery of development charge
53. Levy of Development Charge.
54. Assessment of Development Charge.
55. Appeals against assessment.
56. Development Charge to be a charge on land and to be recovered as an
arrear of land revenue.

CHAPTER XI
Finance, accounts and audit
57. Funds of Planning Authority.
58. Budget of the Planning Authority.
59. Accounts and Audit.
60. Annual Reports.

CHAPTER XII
Supplemental and miscellaneous provisions
61. Power of entry.
62. Service of notices, etc.
63. Public notice how to be made known.
64. Notice, etc., to fix reasonable time.
65. Authentication of orders and documents of the Board and the Planning
Authority.
66. Mode of proof of records of the Board and Planning Authority.
67. Restrictions on the summoning of officers and servants of the Board or
Planning Authority.
68. Penalty for obstructing contractor or removing mark.
69. Sanction of prosecution.
70. Composition of offences.
71. Jurisdiction of courts.
72. Fine when realised to be paid to the Planning Authority.
73. Members and Officers to be public servants.
74. Protection of action taken in good faith.
75. Finality of orders.
76. Validation of acts and proceedings.
77. Returns and informations.
78. Effect of other laws.
79. Power to delegate.
80. Control by the Government and the Board.
81. Power to make rules.
82. Power to make regulations.
83. Repeals and savings.
 321

THE PUDUCHERRY TOWN AND COUNTRY PLANNING ACT, 1969

(No. 13 of 1970)

AN ACT

to provide for planning the development and use of rural and urban land in
the Union territory of Puducherry and for purposes connected
therewith.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth

Year of the Republic of India as follows:-

CHAPTER - I

PRELIMINARY

Short title extent and commencement

1. (1) This Act may be called the Puducherry Town and Country Planning
Act, 1969.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such 1[date as the Government may, by
notification in the Official Gazette, appoint].

Definitions

2. In this Act, unless there is anything repugnant in the subject or context, -

(1) “agriculture” includes horticulture, farming, growing a crops, fruits,

vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil; breeding
and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry
and bees; the use of land which is ancillary to the forming of land or any other
agricultural purposes, but shall not include the use of any land attached to a
building for the purposes of a garden to be used along with such building, and
“agricultural” shall be construed accordingly;

[Link] Act came into force on the 15th day of September 1971, Vide Notification-I in Extraordinary Gazette
No.99 dated 14 th September, 1971.
 322

(2) “amenities” include roads and streets, open spaces, parks, recreational
grounds, play grounds, water and electric supply, street lighting, swerage,
drainage, public works and other utilities, services and convenience;

(3) “area of bad lay-out or obsolete development” means an area consisting

of land which is badly laid out or of obsolete development, together with other land
contiguous or adjacent thereto which is defined by a development plan as an area of
bad lay-out or obsolete development;

(4) “Board” means Puducherry Town and Country Planning Board

constituted under this Act;

(5) “building” includes ---

(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than
a boundary wall not exceeding 2.5 metres in height) and any other
structure whether of masonry, bricks, mud, metal or any other
material whatsoever;

(b) a structure on wheels or simply resting on the ground without

foundations; and

(c) a ship, vessel, boat, tent, van or any other structure used for human
habitation or used for keeping or storing any article or goods;

(6) “building line” means the line which is in the rear of the street alignment
or boundary and to which the plinth of a building adjoining on a street or an
extension of a street or on a future street may lawfully extend and includes the line
prescribed, if any, in any development plan or in the building rules;

(7) “building operations” include-

(a) erection or re-erection of a building or any part of it;

(b) roofing, re-roofing of any part of building or open space;
(c) any material alteration or enlargement of any building;
(d) any material change in the use of a building including the use of its
one or more parts used for human habitation into a greater number
of such parts;
 323

(e) any such alteration of a building as is likely to effect an

alteration of its drainage or sanitary arrangements or materially
affects its security;
(f) the construction of a door opening on any street or land not
belonging to the owner;

(8) “commerce” means carrying on any industry, trade, business or

profession, sale or exchange of goods of any type whatsoever, and includes the
running of, with a view to make profit, hospitals, nursing homes, infirmaries,
educational institutions and also includes hotels, restaurants, boarding houses not
attached to any educational institution, choultries; and “commercial” shall be
construed accordingly;

(9) “commercial use” includes the use of any land or building or part thereof
for purposes of commerce as defined or for storage of goods, or as an office,
whether attached to industry or otherwise;

(10) “Court” means a principal civil court of original jurisdiction and

includes any other court empowered by the Government to perform the functions
of the court under this Act within the pecuniary and local limits of its jurisdiction;

(11) “development” with its grammatical variations, means the carrying out
of building, engineering, mining or other operations in, on, over or under the land
or the making of any material change in any building or land or in the use of any
building or land and includes sub-division of land;

(12) “Development plan” means an interim development plan or

comprehensive development plan or detailed development plan prepared under
this Act;
(13) “Engineering operations” include the formation or laying out of means
of access to a road or the laying out the means of water supply, drainage, swerage
or of electricity cables and lines or of telephone lines;

(14) “Government” means the Administrator appointed by the President

under article 239 of the Constitution;

(15) “industry” includes the carrying out of any manufacturing process as

defined in the Factories Act, 1948 (Central Act 63 of 1948); and “industrial” shall be
construed accordingly;

(16) “industrial use” includes the use of any land or building or part thereof
for purposes of an industry as defined;
 324

(17) “land” includes benefits to arise out of land and things attached to the
earth or permanently fastened to anything attached to the earth;

(18) “Land Use Map” is a map that contains the existing use of every piece of
land in the planning area and the existing use of every building therein;

(19) “Land Use Register” is a register which contains a set of Land and
Building Use Map to record and maintain the Land and Building Use Surveys
conducted from time to time;

(20) “Local authority” means a municipal council or other authority legally

entitled to or entrusted by the Government with the control or management of a
municipal or local fund or which is permitted by the Government to exercise the
powers of a local authority, and a Local authority, is a “Local authority concerned”
if any land within its local limits falls in the area of a plan prepared or to be
prepared under this Act;

(21) “local Newspaper” means any newspaper published or circulated within

the local planning area;

(22) “Non-conforming Use” is a use of land which does not conform to the
zone use as prescribed in the Development plan;

(23) “occupier” includes –

(a) a tenant;
(b) an owner in occupation of, or otherwise using his land;
(c) a rent free tenant of any land;
(d) a licensee in occupation of any land; and
(e) any person who is liable to pay to the owner damages for the
use and occupation of any land;

(24) “owner” includes a mortgagee in possession, a person who for the time
being is receiving or is entitled to receive, or has received, the rent or premium for
any land whether on his own account or on account of, or on behalf of or for the
benefit of other person or as an agent, trustee, guardian, or receiver for any other
person or for any religious or charitable institution, or who would so receive the
rent or premium or be entitled to receive the rent or premium if the land were let to
a tenant, and includes the Head of a Government Department, General Manager of
a Railway, the Secretary or other principal officer of a Local authority, statutory
authority or Company in respect of properties under their respective control;
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(25) “planning area” means any area declared to be a local planning area
under section 8 of this Act;

(26) “Planning Authority” means any local Planning authority constituted

under this Act;

(27) “prescribed” means prescribed by rules or regulations made, under this

Act;

(28) “private street” means any street, road, square, court, alley, passage or
riding path which is not a public street, but does not include a pathway made by
the owner or premises on his own land to secure the access to or the convenient use
of such premises;

(29) “public place” means any place or building which is open to the use and
enjoyment of the public whether it is actually used or enjoyed by the public or not,
and whether the entry is regulated by any charge or not;

(30) “public street” means any street, road, square, court alley, passage or
riding path over which the public have a right of way, whether a thoroughfare or
not and includes ---

(a) the roadway over any public bridge or causeway and

(b) the footway attached to any such street, public bridge or
causeway.

(31) “Regulation” means a regulation made under this Act by the

Government and includes zoning and other regulations made as a part of a
Development Plan;

(32) “relocation of population” means, in relation to an area of bad lay-out or

obsolete development or a slum area, making available in that area or elsewhere, of
accommodation for residential purposes or for carrying on business or other
activities together with amenities to persons living or carrying on business or other
activities in the said area who have to be so accommodated;

(33) “residence” includes the use for human habitation of any land or
building or part thereof including gardens, grounds, garages, stables and out-
houses, if any, appertaining to such building; and “Residential” shall be construed
accordingly;

(34) “rules” means a rule made under this Act by the Government by
notification in the Official Gazette;
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(35) “Senior Town Planner” means the Town Planner appointed by the
Government under section 10;

(36) “slum area” means any predominantly residential area, where the
dwellings which by reason of dilapidation, over-crowding, faulty arrangement of
design, lack of ventilation, light or sanitary facilities or any combination of these
factors, are detrimental to public safety, health or morals and which is defined by
development plan as a slum area;

(37) “Town and Country Planning Department” means the Department set
up by the Government for purposes assigned to under this Act;

(38) “Union territory” means the Union territory of Puducherry.

CHAPTER - II

PUDUCHERRY TOWN AND COUNTRY PLANNING BOARD

Puducherry Town and Country Planning Board

3. (1) As soon as may be, after the commencement of this Act, the
Government shall, by notification in the Official Gazette, constitute, for the purpose
of carrying out the functions assigned to it under this Act, a Board to be called the
Puducherry Town and Country Planning Board.

(2) The Minister-in-charge of Town and Country Planning and the Secretary
to the Government-in-charge of the subject shall be the Chairman and Vice-
Chairman of the Board.

(3) The Board shall consist of five officers, including the Senior Town Planner
and three non-officials to represent the communes to be nominated by the
Government.

(4) The Senior Town Planner, an ex-officio Member, shall be Secretary to the
Board.
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Term of office and conditions of service of the Chairman

and members of the Town and Country Planning Board
4. (1) The term of office and conditions of service of the Chairman and
other members of the Board shall be three years, and shall commence from the date
of publication of their names under section 3 or immediately after the expiry of the
term of office of the outgoing members, whichever is later:
Provided that the Government may, by notification, extend the term of
office of the members by such period or periods as it deems fit so however that the
total period so extended shall not exceed one year.

(2) The Chairman and other members of the Boards shall be entitled to
receive travelling allowance as may be fixed by the Government.
*[No disqualification in certain cases
4A. No person shall be disqualified for being chosen as, or for being a
member of the Legislative Assembly by virtue only of the fact that he is a Chairman
or a member of the Board].
Functions and powers of the Board
5. (1) Subject to the provisions of this Act and the rules made thereunder, the
functions of the Board shall be to guide, direct and assist the Planning Authorities,
to advice the Government in matters relating to Town and Country Planning
development and use of rural and urban land in the Union territory and to perform
such other functions as the Government may, from time to time, assign to it under
this Act.

(2) In particular and without prejudice to the generality of the foregoing

provisions, the Board may, and shall if required by the Government--

(a) direct and supervise the preparation of development plans

by Planning authorities;
(b) undertake, assist and encourage the collection, maintenance
and publication of statistics, bulletins and monographs on
Town and Country Planning and its methodology;
(c) prepare and furnish reports relating to the working of this
Act;
(d) perform any other functions which are supplemental,
incidental or consequential to any of the functions aforesaid
or which may be prescribed.

(3) The Board may exercise all such powers as may be necessary or expedient
for the purpose of carrying out its functions under this Act.

________________________________________________________________________
* Inserted by Act No. 3 of 2009 and this Act has come into force w.e.f 13.08.09.
 328

Meetings of the Board

6. (1) The Board shall meet at such time and place as required and shall,
subject to provisions of sub-sections (2) and (3), observe the procedure as may be
prescribed in regard to the transaction of the business at such meetings.

(2) The Chairman or in his absence the Vice-Chairman or in the absence

of the Chairman and of the Vice-Chairman, any member chosen from among the
members present shall preside at a meeting of the Board.

(3) All questions at a meeting of the Board shall be decided by a

majority of votes of the members present and voting and in the case of an equality
of votes, the Chairman or the person presiding shall have and exercise a casting
vote.

(4) Minutes shall be kept of the names of the members present and of
the proceedings at each meeting in a book to be kept for this purpose, which shall
be signed at the next meeting by the person presiding at such meeting and shall be
open for inspection by any member during office hours.

Appointment of Committees by the Board

7. (1) For the purposes of assisting the Board in exercising its powers,
discharging its duties or performing its functions as may be specified by it, the
Board may constitute one or more Committees.

(2) The Committee constituted under sub-section (1) shall consist of

such members as may be specified by the Board.

(3) The Board shall have the power to co-opt as members of any
Committee constituted under sub-section (1), any person or persons who are not
members of the Board and the person or persons so co-opted shall not have a right
to vote.
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CHAPTER - III
PLANNING AREAS, SENIOR TOWN PLANNER AND
PLANNING AUTHORITIES

Declaration of Planning areas, their amalgamation, sub-division

and inclusion of any area with Planning area

8. (1) The Government may, by notification, declare any area in the Union
territory to be a planning area for the purpose of this Act, and on such declaration
this Act shall apply to such area.
(2) Every such notification shall define the limits of the area to which it
relates.
(3) The Government may, after consultation with the Board and the
Planning Authorities concerned, amalgamate two or more planning areas into one
planning area, subdivide a planning area into different planning areas and include
such divided areas in any other planning area.
(4) The Government may, by notification, direct that all or any of the
rules, regulations, orders, directions and powers made, issued or conferred under
this Act and in force in any other planning area at the time, with such exceptions
and adaptations and modifications as may be considered necessary by the
Government, shall apply to the area declared as, amalgamated with or included in,
a planning area under this section and such rules, regulations, bye-laws, orders,
directions and powers shall forthwith apply to such planning area without further
publication.
*[(5) The first publication of a notification as to the declaration of the
planning area shall be deemed and have the same effect as the publication of a
notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894,
(Central Act 1 of 1894), except where a notification under sub-section (1) of section 4
or a declaration under section 6 of that Act has been previously made and is in
force].

Powers to withdraw a planning area from operation of this Act

9. (1) The Government may, by notification, withdraw from the operation of

this Act, the whole or part of any planning area declared thereunder.
(2) When a notification is issued under this section in respect of any
planning area, this Act and all notifications, rules, regulations, orders, directions
and powers issued, made or conferred under this Act, shall cease to apply to the
said area.

* Inserted by Act, 15 of 1971, section 2. w.e.f 15-7-1972.

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Senior Town Planner

10. As soon as may be after the commencement of this Act, the Government
shall, by notification in the Official Gazette, appoint a Senior Town Planner for the
Union territory called “Senior Town Planner” for the purpose of carrying out the
functions assigned to him under this Act or rules made thereunder.

Planning Authorities

11. (1) As soon as may be, after declaration of a local planning area, the
Government in consultation with the Board, shall, by notification, constitute for the
purposes of the performance of the functions assigned to it, an authority to be called
the Planning Authority of that area having jurisdiction over that area.

1[(2)
Every Planning Authority constituted under sub-section (1), shall
consist of the following members, namely :-

(i) a Chairman appointed by the Government;

(ii) four officers appointed by the Government including the Senior
Town Planner or any other officer of the Town and Country
Planning Department, who shall be the Member-Secretary to the
Planning Authority; and

(iii) representatives of local authorities composed as follows: -

(a) in the case of the Planning area in which only one local authority has
jurisdiction, a representative nominated by that local authority from among the
members of that authority;

(b) in the case of Planning area in which two or more local authorities have
jurisdiction, one representative each of such local authority as the Government may
consider necessary to be represented, nominated by the respective local authorities
from among the members of each such local authority].

_____________________________________________________________________
1. Substituted vided Act No.10 of 1981 section 2, w.e.f 08.10.1981 vide Notification published in
Extra-Ordinary Gazette No.99 dated 20.10.1981.
 331

(3) Every Planning Authority shall be a body corporate by the name

aforesaid having perpetual succession and a common seal with power to acquire,
hold and dispose of property both movable and immovable and to contract and
shall by the said name sue and be sued.

Functions and powers of the Planning Authority

12. (1) Subject to the provisions of this Act, the rules made thereunder and
the directions of the Government and the Board, the powers and functions of the
Planning Authority shall be ---

(i) to prepare in respect of the Planning area --

(a) an Existing Land Use Map and Land Use Register;

(b) an Interim Development Plan;
(c) a Comprehensive Development Plan;
(d) a Detailed Development Plan;
(ii) to prescribe uses of land within its area and for these purposes it may
carry out or caused to be carried out surveys of its Planning area; and

(iii) to prepare report or reports of such survey; and

(iv) to perform any other function which is supplemental, incidental or
consequential to any of the functions aforesaid or which may be
prescribed.

Term of Office and conditions of service of the Chairman and

members of the Planning Authorities

13. (1) The term of office and the conditions of service of the Chairman and
members of the Planning Authority shall be such as may be prescribed and they
shall be entitled to receive such salaries or allowances as may be fixed by the
Government.
(2) The Government may, if it thinks fit, terminate the appointment of
the Chairman or any member of the Planning Authority at any time.
(3) The Chairman or any member may resign his membership of the
Planning Authority by giving notice in writing to the Government and on such
resignation being accepted by the Government, he shall cease to be a member of the
Planning Authority.
(4) Any vacancy so created shall be filed by fresh appointment by the
Government.
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Meetings of Planning Authorities

14. (1) Each Planning Authority shall meet, at such times and places and
shall, subject to the provisions of sub-sections (2) and (3) observe such procedure in
regard to the transaction of business at it, meetings as may be prescribed.
(2) The Chairman of the Planning Authority or in his absence, any
member nominated by him in that behalf shall preside at a meeting of the Planning
Authority.
(3) All questions at a meeting of the Planning Authority shall be
decided by a majority of votes of the members present and voting and in the case of
an equality of votes, the Chairman or in his absence the person presiding shall have
and exercise a second or casting vote.
(4) Minutes shall be kept of the names of the members present and of
the proceedings at each meeting in a book to be kept for this purpose which shall be
signed at the next meeting by the person presiding at such meeting and shall be
open to inspection by any member during office hours.

Temporary association of persons with the Planning

Authority for particular purposes

15. (1) The Planning Authority may associate with itself in such manner and
for such purposes as may be prescribed by rules any person whose assistance or
advice it may desire in performing any of its functions under this Act.
(2) Any person associated with it by the Planning Authority under sub-
section (1) for any purpose shall have a right to take part in the discussions of the
Planning Authority relevant to that purpose but shall not have a right to vote at a
meeting and shall not be a member for any other purpose.

Staff of the Planning Authority

16. (1) Subject to such control and restrictions as may be specified in the rules
made in this behalf, a Planning Authority may appoint such number of officers and
employees as may be necessary for the efficient performance of its functions and
may determine their designations and grades.
 333

(2) The officers and employees of the Planning Authority shall be

entitled to receive such salaries and allowances, if any, as may be fixed by the
Planning Authority and shall be governed by such terms and conditions of service
as may be determined by rules and regulations made in this behalf.

CHAPTER - IV

PREPARATION OF LAND USE MAP AND REGISTER

Preparation of Existing Land and Building Use Map and Register

17. As soon as may be, after its constitution, every Planning Authority shall,
not later than six months after its constitution or within such further period not
exceeding six months as the Government may allow, prepare a Present Land Use
Map (hereinafter called the Map) and present Land Register (hereinafter called the
Register) in the form to be prescribed, indicating the present use of very piece of
land in the planning area and the present use of every building therein.

Notice of the preparation of the Map and Register

18. (1) After the preparation of the Map and the Register, the Planning
Authority shall publish a public notice of the preparation of the Map and Register
and of the place or places where copies of the same may be inspected, inviting
objections in writing from any person with respect to the Map and Register within
thirty days of the publication of such notice.
(2) After the expiry of the period mentioned in sub-section (1) the Senior
Town Planner shall, after allowing a reasonable opportunity of being heard to all
the persons who have filed the objections, make a report to the Planning Authority.
(3) The Planning Authority shall consider the report of the Senior Town
Planner and may make such modification in the Map or Register or both, as it
considers proper, and adopt the Map and the Register by a resolution within a
period of three months from the last date allowed for the filing of the objections
specified under sub-section (1).
 334

(4) Within thirty days after the adoption of the Map and the Register,
the Planning Authority shall publish a public notice of the adoption of the Map and
the Register and the place or places where the copies of the same may be inspected
and shall submit copies of the Map and the Register to the Board and the
Government.
(5) A copy of such public notice shall also be published in the Official
Gazette. The publication of the public notice in the Official Gazette in respect of the
Map and the Register shall be conclusive evidence that the Map and the Register
have been duly prepared and adopted.
1[(6) Proceedings under this section and section 19 shall be deemed and

have the same effect as proceedings under section 5A of the Land Acquisition Act,
1894 (Central Act 1 of 1894)].

Appeal to the Board

19. (1) Any person aggrieved by any decision of the Planning Authority
may appeal to the Board within two months from the notification of adoption of the
Map and Register by the Planning Authority.
(2) The Board may, after making such enquiries as it deems fit, pass
orders on the appeal.
(3) The orders of the Board on such appeal shall be final.

The power of the Government in case of default of the Planning

Authority to prepare the Map and Register

20. (1) Where by virtue of the foregoing provisions of this Chapter, a Map
and a Register are to be prepared then ---

(a) if within the period prescribed or within such period which

the Government has extended, no Map or Register has been
prepared; or

(b) if at any time the Government is satisfied that the Planning

Authority is not taking steps necessary to prepare such a
Map and Register within that period,

the Government may direct the Senior Town Planner to prepare the Map and the
Register.

1. Inserted by Act, 15 of 1971, section 3. w.e.f 15-7-1972.

 335

(2) After preparation of the Map and the Register, the Senior Town
Planner shall submit the same to the Board which shall forward the Map and
Register to the Planning Authority; and the Planning Authority shall follow the
procedures laid down in the Act as if the Map and Register were prepared by the
Planning Authority itself.

(3) Any expenses incurred under this section in connection with the making
of the Map and the Register with respect to the area of a Planning Authority shall
be borne by the Planning Authority.

CHAPTER – V

DEVELOPMENT PLANS

Interim Development Plans

21. (1) As soon as may be, after the declaration of a planning area, the
Planning Authority shall, not later than one year after such declaration or within
such further period as the Government may, from time to time, extend but such
extension being not exceeding two years, prepare and submit to the Board and the
Government an Interim Development Plan for the Planning area or any of its parts.

(2) The Interim Development Plan shall –

(a) indicate broadly the manner in which the Planning Authority

proposes that land in such area should be used;

(b) allocate areas or zones of land for use ---

(i) for residential, commercial, industrial and agricultural purposes;

(ii) for public or semi-public open spaces, parks and playgrounds;
(iii) for such other purposes as the Planning Authority deems fit;

(c) indicate, define and provide ---

(i) for existing and proposed national highways, arterial roads, ring
roads and major streets;
(ii) the existing and proposed other lines of communication including
railways, canals, air-ports;
 336

(d) include regulations (hereinafter called zoning regulations to regulate

within each zone the location, height, number of storeys and size of
buildings, and other structures, the size of yards, courts and other
open spaces, and the use of buildings, structures and land).

(3) The Interim Development Plan may indicate, define and provide for –

(i) the existing and proposed Public and semi-public buildings, and
(ii) all or any of the purposes and matters as may be indicated,
defined and provided for

in the Comprehensive Development Plan under section 22.

(4) Subject to the provisions of the rules made under this Act for regulating
the form and contents of the Interim Development Plan, any such plan shall include
maps and such descriptive matters as may be necessary to explain and illustrate the
proposals in the Interim Development Plan.

Comprehensive Development Plan

22. (1) As soon as may be after the declaration of a planning area, the
Planning Authority shall, but not later than three years after such declaration or
within such further period as the Government may from time to time extend but
such extension being not exceeding four years, prepare and submit to the Board and
the Government a Comprehensive Development Plan for the Planning area.

(2) The Comprehensive Development Plan shall ---

(a) indicate, define and provide for all the matters that have to be or may be
indicated, defined or provided for in the Interim Development Plan with such
modifications as the Planning Authority deems fit;

(b) indicate, define and provide for ---

(i) areas reserved for agriculture, public and semi-public open spaces,
parks, playgrounds, gardens and other recreational uses, greenbelts and nature
reserves;
 337

(ii) comprehensive land allocation of areas or zones for

residential, commercial, industrial, agricultural and other
purposes;

(iii) complete road and street pattern and traffic circulation

pattern for present and future requirements;

` (iv) major road and street improvements;

(v) area reserved for public buildings and institutions and for
new civic developments;

(vi) areas for future development and expansion and areas for
new housing;

(vii) amenities, services and utilities;

(viii) all such matters as may be prescribed by the rules or

may be directed by the Government or the Board to be
indicated, defined and provided for;

(c) include zoning regulations to regulate within each zone, the location,
height, number of storeys and size of buildings and other structures,
the size of yards, courts and other open spaces and the use of buildings,
structures and land;

(d) indicate the stages by which the plan is proposed to be carried out.

(3) The Comprehensive Development Plan may -

(a) indicate, define, and provide for
(i) all such matters as the Planning Authority may consider expedient
to be indicated, defined and provided for in the development
plan;

(ii) detailed development of specific areas for housing shopping

centres, industrial areas and civic centres, educational and
cultural institutions and control of architectural features,
facade of buildings and structures;
 338

(b) designate as land subject to acquisition for any public purpose, and in
particular but without prejudice to the generality of this provision, for
the purpose of---

(i) the Union of India, the State, the Planning Authorities or any other
authority established by law and public utility concerns;

(ii) dealing satisfactorily with the areas of bad lay-out or obsolete

development and slum areas and provision for rehabilitation of population;

(iii) the provision of open spaces, parks and playgrounds;

(iv) securing the use of the land in the manner specified in the
development plan;

(v) any of the matters as are referred to in sub-section (2).

(4) Subject to the provisions of the rules made under this Act for regulating
the form and contents of the Comprehensive Development Plan, any such plan shall
include such maps and such descriptive matters as may be necessary to explain and
illustrate the proposals in the development plan.

Power of the Government in case of default of Planning Authority to

prepare Development Plan

23. (1) Where, by virtue of the foregoing provisions of this Act, a

Development Plan is to be prepared –

(a) if within the period prescribed or within such period which the
Government has extended no Development Plan has been
prepared; or

(b) if at any time the Government is satisfied that the Planning

Authority is not taking steps necessary to prepare such a
Development Plan within that period,

the Government may direct the Senior Town Planner to prepare the Development
Plan.
 339

(2) After preparation of the Development Plan, the Senior Town Planner
shall submit the Development Plan to the Board and the Board shall forward the
Development Plan to the Planning Authority who shall follow the procedure laid
down in the Act as if the Development Plan was prepared by the Planning
Authority itself.

(3) Any expenses incurred under this section in connection with the
preparation of the Development Plan for the Planning Area of a Planning Authority
shall be borne by the Planning Authority.

CHAPTER – VI

DETAILED DEVELOPMENT PLANS

Declaration of intention to make or adopt a Detailed Development Plan

24. A Planning Authority may, by resolution, decide ---

(i) to prepare a Development Plan to be called Detailed Development
Plan in respect of any land within the Planning Area;
(ii) to adopt with or without modification even a Detailed Development
Plan proposed by Co-operative Societies or any of the owners of any such land.

Notification of Resolution to make or adopt Detailed Development Plan

25. The resolution under section 24 shall be published by the Planning

Authority in the prescribed manner and such notification shall indicate the
boundaries of the area of the Detailed Development Plan and specify the time and
place where a plan of the area may be inspected.

Preparation and submission of the Detailed Development Plan

26. As soon as may be after a notification has been published under section
25 and not later than twenty-four months from the date of notification, the Planning
Authority shall prepare in the manner prescribed and submit a Detailed
Development Plan to the Board and the Government.
 340

Preparation and submission of Detailed Development Plan on

direction by the Government

27. Notwithstanding anything contained in sections 24 and 26, the

Government may, in respect of any land, after making such enquiry as they deem
necessary, by notification in the Official Gazette require a Planning Authority to
prepare and submit to the Board and to them a Detailed Development Plan.

Contents of Detailed Development Plan

28. (1) The Detailed Development Plan may be in the form of a Land
Development Plan, a Re-development Plan, an improvement Plan or a Deferred
Development Plan or a combination of more than one such plan and may indicate,
define and provide for all matters that have to be or may be indicated, defined and
provided for in the Comprehensive Development Plan or the Interim Development
Plan if such Plan has been prepared, and such other matters as the Planning
Authority may consider necessary in the interest of the development of the area and
consistent with the objectives and purposes of this Act.
(2) Irrespective of whether an Interim Development Plan or a
Comprehensive Development Plan has been prepared or not, a Detailed
Development Plan, may indicate, define and provide for all or any of the following:-

(a) laying out or re-laying out of land either vacant or already built upon as
building sites or for any of the purposes mentioned in this section;
(b) construction, diversion, extension, alterations, improvement or closure
of lanes, streets, roads and other communications;
(c) construction, alteration, removal or demolition of buildings, bridges
and other structures;
(d) acquisition by purchase, exchange or otherwise whether within or
without the area included in the Detailed Development Plan and
whether required immediately or not for all or any of the purposes of
the Detailed Development Plan;
(e) re-distribution of boundaries and reconstitution of plots belonging to
owner of property;
(f) disposal by sale, exchange, lease or otherwise of land acquired or
owned by the Planning Authority;
 341

(g) Transport facilities;

(h) water supply;

(i) lighting;

(j) drainage inclusive of sewage, surface draining and sewage disposal;

(k) allotment or reservation of land for streets, roads, squares, houses,

buildings for religious and charitable purposes, open spaces, gardens,
recreation grounds, schools, market shops, factories, hospitals,
dispensaries, Government and Municipal buildings and public and
semi-public purposes of all kinds;

(l) construction of buildings and houses generally and housing or re-

housing of persons displayed by the proposals, made in the plan either
within the area of such plan or outside such area;

(m) preservation of places or objects and buildings of archaeological or

historic interest or of natural beauty or actually used for religious
purposes or regarded by the public with special religious veneration; or
protection of canal, tank or river sides, costal areas and other places of
natural or landscape beauty;

(n) imposition of conditions and restrictions in regard to the character,

density, architectural features and heights of buildings, the buildings or
control lines for roads, railway lines and power supply lines and the
purposes to which buildings or specified areas may or may not be
appropriated; and provision and maintenance of open spaces in and
around buildings;

(o) advance to the owners of land or buildings comprised within the

Development Plan upon such terms and conditions as may be provided
by the plan, of the whole or part of the amount required for the erection
of buildings or for the carrying out of the works, alterations or
improvements in accordance with the Development Plan;

(p) such other matters to be indicated, defined and provided for in the
Comprehensive Development Plan under section 22 of this Act.
 342

(3) Subject to the provisions of the rules made under this Act for regulating the
form and contents of the Detailed Development Plan, any such plan shall include
such maps and such descriptive matter as may be necessary to explain and illustrate
the proposals in the development Plan.

(4) Without prejudice to the generality of this provision, every Detailed

Development Plan shall contain the following particulars ---

(a) a plan showing the lines of existing and proposed streets;

(b) the ownership of all lands and buildings in the area covered by the
Plan;
(c) the area of all such lands, whether public or private;
(d) a full description of all details of the plan under the provisions of sub-
section (1) or (2);
(e) particulars of all land either acquired already or to be acquired for the
purposes mentioned under sub-section (1) or (2);
(f) in cases where the Detailed Development Plan provides for any housing
or re-housing, the particulars regarding the number and nature of houses to
be provided by the Planning Authority, the approximate quantity of land to
be acquired, the details of the land to be acquired and all matters
supplemental, incidental or consequential to such housing or re-housing;

(g) zoning regulations and regulations for enforcing or carrying out the
provisions of the plan.

Powers of Government in case of default of Planning Authority to

prepare a Detailed Development Plan

29. (1) Where by virtue of the foregoing provisions of this Act, a Detailed
Development Plan is to be prepared ---

(a) if within the period prescribed a Detailed Development Plan has

not been prepared;
(b) if at any time the Government is satisfied that the Planning
Authority is not taking steps necessary to prepare the Detailed
Development Plan within the period,

the Government may, by notification in the Official Gazette, direct the Senior Town
Planner to prepare and submit to the Board a Detailed Development Plan within
such period as the Government may prescribe.
 343

(2) The Board shall on receipt of the Detailed Development Plan from the
Senior Town Planner forward the same to the Planning Authority concerned.

(3) The Planning Authority shall on receipt of the Plan from the Board follow
the further procedures laid down in the Act as if the Detailed Development Plan
was prepared by the Planning Authority itself.

(4) Any expenses incurred under this section in connection with the
preparation of any such development plan for the Planning Area of a Planning
Authority shall be paid by the Planning Authority.

CHAPTER – VII

PROCEDURE FOR APPROVAL AND PREPARATION OF

DEVELOPMENT PLANS

Consent of the Government to the publication of notice of

preparation of Development Plan

30. (1) As soon as may be after the Development Plan has been submitted to
the Board and the Government, but not later than the time prescribed by the rules,
the Government may direct the Planning Authority to make such modifications in
the Development Plan as the Government thinks fit and there upon the Planning
Authority shall make those modifications.

(2) The Government shall, after the modifications, if any, directed by it have
been made, give its consent to the publication of a public notice under sub-section
(1) of section 31 of the preparation of the Development Plan to the Planning
Authority.

Public notice of the preparation of the Development Plan

31. (1) As soon as may be, after the Planning Authority has received the
consent of the Government to the publication of the public notice, the Planning
Authority shall publish a public notice in the Official Gazette and in a local
newspaper, of the preparation of the Development Plan and place or places where
copies of the same may be inspected, invite objections in writing from any person
with respect to the Development Plan within such period as may be specified in the
notice;

Provided that such period shall not be less than two months from the date
the notice is published in the Official Gazette.
 344

(2) After the expiry of the period mentioned in sub-section (1), the Planning
Authority shall appoint a Committee consisting of the Senior Town Planner and not
more than two of its other members to consider the objections filed under sub-
section (1) and report on them within such time as the Planning Authority may fix
in this behalf.

(3) The Committee so appointed shall have power to co-opt any other
person. The provisions of section 15 shall apply to the persons co-opted, by the
Committee.

(4) Such Committee shall allow a reasonable opportunity of being heard to

any person, including representatives of Government Departments or local
authorities, who has filed any objection and who has made a request for being
heard and submit a report to the Planning Authority on the case.

(5) As soon as may be after the receipt of the Report from the Committee, but
not later than the time prescribed by the rules, the Planning Authority shall
consider the report of the Committee and may make such amendments in the
Development Plan as it considers proper, and shall submit the Development Plan
with or without modification together with the report of the Committee to the
Board and to the Government.

Approval by the Government

32. As soon as may be after the submission of the Development Plan, but not
later than the time prescribed by the rules, the Government after consultation with
the Board may, either approve the Development Plan or approve it with such
modifications as it may consider necessary or return it to the Planning Authority to
modify the Plan or to prepare a fresh plan in accordance with such directions as the
Government may issue in this behalf.

Coming into operation of the Development Plan

33. (1) Immediately after the Development Plan has been approved by the
Government, the Planning Authority shall publish a public notice in the
Official Gazette and in a local newspaper of the approval of the Development
Plan and place or places where copies of the same may be inspected.

(2) From the date of publication of the aforesaid notice in the Official Gazette,
the Development Plan shall come into operation.
 345

(3) (a) After the coming into operation of the Development Plan, any person
aggrieved by it may make an application to the court within thirty days of the
coming into operation of the said Plan questioning the validity of the same or any
provisions contained therein on the following grounds. –

(i) that it is not within the powers conferred by this Act, or

(ii) that any requirement of this Act, or any rules made thereunder have not
been complied with in relation to the making of the Development Plan.

(b) The court after allowing an opportunity of being heard to the

Planning Authority, the Board and the Government –

(i) may, stay, until the final determination of the proceedings,the operation of
any provisions contained therein so far as it affects any property of the applicant;
and

(ii) if satisfied that the development plan or any provision contained therein
is not within the powers of this Act, or that the interest of the applicant has been
substantially prejudiced by a failure to comply with any requirement of
the Act or rules, may quash the plan or any provision contained therein generally or
in so far as it affects any property of the applicant.

(4) Subject to the provisions of sub-section (3); a Development Plan shall not,
either before or after it has been approved, be questioned in any manner, in any
legal proceedings whatsoever.

1[(5)Subject to the provisions of paragraph 3 of the Schedule, the notification

under this section shall be deemed and have the same effect as a declaration under
section 6 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), except where a
declaration under the last mentioned section has been previously made and is in
force].

________________________________________________________________________
1. Inserted by Act, 15 of 1971, section 4. w.e.f 15-7-1972.
________________________________________________________________________
 346

Amendment of Development Plans

34. (1) At any time after the date on which the Development Plan for an area
comes into operation, the Planning Authority may, and after every five years shall,
carry out fresh surveys as it or the Board or the Government may consider
necessary and shall review and submit to the Board and the Government any
alteration or addition considered necessary to the Development Plan in operation.

(2) The provisions of sub-section (2) of section 30 and sections 31, 32 and 33
with such modifications as may be necessary shall apply to such Development Plan.

Suspension of plan in emergency by the Government

35. If the Government is satisfied that a grave emergency exists which

necessitates the suspension of any Development Plan or part of any Development
Plan, it may, by a notification in the Official Gazette, suspend the Development Plan
or any part thereof.

CHAPTER – VIII

CONTROL OF DEVELOPMENT AND USE OF LAND

Use and development of land to be in conformity with Development Plan

36. After the coming into operation of any Development Plan in any area, no
person shall use or permit to be used any land carry out any development in that
area otherwise than in conformity with such Development Plan:

Provided that the Government may allow the continuance for a period not
exceeding ten years of the use, upon such terms and conditions as may be
prescribed by the regulations made in this behalf, of any land for the purpose and
to the extent for and to which it is being used on the date on which such
Development Plan come into operation.
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Prohibition of development without payment of development

charges and without permission
37. (1) After the Development Plan comes into force in any area and subject
to the provisions relating to levy, assessment and recovery of development charges
and other provisions of this Act, no development, institution or change of use, of
any land shall be undertaken or carried out in that area —
(a) without obtaining a certificate from the Planning Authority certifying that
the development charge as leviable under this Act has been paid or that no such
development charge is leviable; and

(b) without obtaining the permission in writing as provided for hereinafter:

Provided that no such permission shall be, necessary ----

(i) for carrying out works for the maintenance improvement or other
alterations of any building being works which affect only the interior of the
building, or which do not materially affect the external appearance of the building;

(ii) for the carrying out by the Central Government or the Government or
any local authority of any works required for the maintenance or improvement of a
highway, road or public street, being works carried out on land within the
boundaries of such highway, road or public street;

(iii) for the carrying out by the Central Government or the Government or
any local authority of any works for the purpose of inspecting, repairing or
renewing any drains, sewers, mains, pipes, cables or other apparatus including the
breaking open of any street or other land for that purpose;

(iv) for the excavations (including wells) made in the ordinary course of
agricultural operations;

(v) for the construction of unmetalled road intended to give access to land
solely for agricultural purposes;

(vi) for normal use of land which has been used temporarily for other
purposes;

(vii) in case of land normally used for one purpose and occasionally used for
any other purpose, for the use of land for that other purpose on occasions.
 348

(2) (a) Any person or body (including a department of Central Government

or the Government or local authority) intending to carry out any development on
any land shall make an application in writing to the Planning Authority for the
permission in such form and containing such particulars and accompanied by such
documents and plans as may be prescribed by the rules or the regulations:

Provided that in the case of a department of Central Government or the

Government or local authority intending to carry out any development on any land
the department or authority concerned, as the case may be, shall notify in writing to
the Planning Authority of its intention to do so, giving full particulars thereof
accompanied by such documents and plans as may be prescribed by the
Government from time to time, at least one month prior to the undertaking of such
development; where the Planning Authority has raised any objection, in respect of
the conformity of the proposed development either to any development plan under
preparation, or to any of the building bye-laws in force at the time, or due to any
other material consideration, under sub-section (4) the department or authority
concerned, as the case may be, shall –

(i) either make necessary modification in the proposals for development to

meet the objections raised by the Planning Authority, or

(ii) submit the proposals for development together with the objections raised
by the Planning Authority to the Government for decision.

(b) The Government on receipt of the proposals for development

together with the objections of the Planning Authority shall, in consultation with
the Senior Town Planner, either approve the proposals with or without
modifications or direct the Department or authority concerned, as the case may be,
to make such modifications in the proposals as they consider necessary in the
circumstances.

(3) (a) The Planning Authority shall, on receipt of the application refer it to
the Town and Country Planning Department for advice and for assessment of the
development charges as specified in this Act.

(b) On receipt of the advice of the Town and Country Planning

Department and on payment of the development charges as assessed by that
department, the Planning Authority shall pass orders –
 349

(i) granting permission unconditionally; or

(ii) granting permission subject to such conditions as it may
think fit; or
(iii) refusing permission.

(c) Subject to the provisions of sub-section (2), this sub-section shall not
apply to any case of a department of the Central Government or the Government or
local authority.

(d) Without prejudice to the generality of the foregoing clause, the Planning
Authority may impose conditions to the effect that the permission granted is only
for a limited period and after the expiry of that period, the land shall be restored to
its previous conditions or the use of the land permitted shall be discontinued.

(4) The Planning Authority in dealing with the applications for permission
shall have regard to –

(i) the provisions of the Development Plan and the building bye-laws
and zoing regulations made under section 47;

(ii) the proposals or provisions which it thinks are likely to be made

in any Development Plan under preparation or to be prepared;
and

(iii) any other material consideration.

(5) When permission is granted subject to conditions or is refused, the

grounds of imposing such conditions or such refusal shall be recorded in the order.
(6) Any such order shall be communicated to the applicant in the manner
prescribed by the regulations.

(7) If the Town and Country Planning Department is of the view that any
order passed by the Planning Authority is contrary to the provision of the Act or
any Development Plan or the buildings bye-laws or zoning regulations made under
this Act, it may submit a report to the Government containing the facts of the case.
On receipt of the report, the Government may review, cancel or modify the orders
of the Planning Authority.
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Appeal against grant of permission subject to conditions or

refusal of permission

38. (1) Any applicant aggrieved by an order passed under section 37 may appeal to
the Board within one month of the communication of that order to him in the
manner and accompanied by such fees as may be prescribed by the rules.

(2) The Board after receiving the appeal, may give a reasonable opportunity
of being heard to the appellant and the Planning Authority and also call for any
report, if necessary.

(3) After hearing the appellant and the Planning Authority or after
considering the aforesaid report, the Board may pass an order dismissing the
appeal or accepting the appeal by –

(i) granting permission unconditionally; or

(ii) granting permission subject to such conditions as it may think fit;
and
(iii) removing or modifying the conditions, subject to which
permission has been granted and imposing other conditions, if
any, as it may think fit.

(4) The Board may, by a resolution, delegate any of its functions and powers
under this section to the Senior Town Planner on such occasion and subject to such
conditions, if any, as may be specified, therein.

Lapse of permission

39. Every permission for any development granted under this Act shall
remain in force for three years only from the date of such permission:

Provided that the Planning Authority may, on application made in this

behalf before the expiry of the aforesaid period, extend such period, for such time
as it may think proper but such extended period shall in no case exceed three years:

Provided further that such lapse shall not bar any subsequent application for
fresh permission under this Act.
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Obligation to acquire on refusal of permission, or on grant of

permission in certain cases

40. (1) Where any person interested in the land aggrieved by an order in
appeal under section 38 refusing to grant permission to develop the land, or
granting permission subject to condition, claims —

(a) that the land has become incapable of reasonably beneficial use in the
existing state; or

(b) in a case where permission to develop the land was granted subject to
conditions that the land cannot be rendered capable of reasonably beneficial use by
carrying out the permitted development in accordance with these conditions,
he may, within three months and in the manner prescribed by the rules, serve on
the Government a notice (hereinafter referred to as an acquisition notice) requiring
the Government to acquire his interest in the land.

(2) A copy of such notice shall, at the same time, be served on the Board and
the Planning Authority.
(3) After receiving notice under sub-section (1), the Government shall
appoint a person who shall give reasonable opportunity to the person interested
serving the acquisition notice, the Planning Authority and the Board, to be heard
and shall submit a report, thereon to the Government; after receiving such report;
the Government –

(a) if satisfied that the conditions specified in clause (a) or clause (b) of sub-
section (1), are not fulfilled, shall pass an order refusing to confirm the notice;

(b) if satisfied that the conditions specified in clause (a) or clause (b) of sub-
section (1) are fulfilled regarding the land or any part of the land, shall pass an
order –

(i) confirming the notice; or

(ii) directing the Planning Authority to grant such permission to develop the
land or grant the permission subject to such conditions as will keep the land capable
of reasonably beneficial use:

Provided further that the Government shall not confirm the notice if the
order appealed against was passed on the ground of not complying with any
provisions of this Act, rules or regulations that may be applicable.
 352

(4) If within the period of one year from the date on which an acquisition
notice is served under sub-section (1) the Government has not passed any order
under sub-section (3), the notice shall be deemed to have been confirmed at the
expiry of that period.

(5) Upon confirmation of the notice under sub-section (3) or (4), the
Government shall proceed to acquire the land or that part of any land regarding
which the notice has been confirmed within one year of the confirmation of the
acquisition notice.

Compensation for refusal of permission or grant of permission subject to

conditions in certain cases

41. (1) Where an order in appeal under section 38 refusing to grant

permission, or granting permission subject to conditions, relates to any of the
following developments ---

(a) the re-erection of a building which has been destroyed or demolished

so long as the cubic content of the original building is not exceeded by more than
one-tenth;

(b) the enlargement, improvement or other alteration of any building

which was in existence on the date a Development Plan relating to the area comes
into operation for the first time, so long as the cubic content of the original building
is not exceeded by more than one-tenth:

(c) the carrying out, on land used for the purposes of agriculture, of any
building or other operation required for that purpose, other than operations for the
erection, enlargement, improvement or alteration of a building for human
habitation or of building used for the purpose of marketing of the produce of land;
(d) Where any part of any building or other land which on the date of
coming into operation for the first time of a Development Plan relating to the area,
is used for a particular purpose, the use of that purpose of any additional part of the
building or land not exceeding one-tenth of the cubic content of the part of the
building or land used for that purpose on that day, or as the case may be, one-tenth
of the area of the land so used on that date, the owner may, within the time and in
the manner prescribed by the rules made under this Act, claim upon the Planning
Authority, if he has not served an acquisition notice or if the acquisition is not
confirmed by the Government under section 40, compensation for such refusal or
for grant of permission subject to conditions:
 353

Provided that no compensation shall be claimable if such refusal or grant of

permission subject to conditions was based on any provision of any Development
Plan.

(2) The compensation shall be equal to

(a) where permission is refused, the difference between the value of the land
as if the permission had been granted and the value of the land in its existing state;

(b) where permission is granted subject to conditions, the difference between

the value of the land as if the permission had been granted unconditionally and the
value of the land with the permission granted subject to conditions.

(3) When a claim is received by the Planning Authority, the Senior Town
Planner shall, after giving an opportunity of being heard to the applicant, make a
report to the Planning Authority.

(4) The Planning Authority shall, after considering the aforesaid report,
assess the compensation and offer it to the owner.

(5) If the owner does not accept the compensation and gives notice, within
such time as may be prescribed, of his refusal to accept, the Planning Authority
shall refer the matter for the adjudication of the Court and the decision of the Court
shall be final and be binding on the owner and Planning Authority.

Power to revocation and modification of permission to develop

42. (1) If it appears to the Planning Authority that it is expedient having

regard to the development plan prepared, under preparation or to be prepared and
to any other material considerations, that any permission to develop land granted
under this Act or any other law should be revoked or modified, the Planning
Authority may, by an order, revoke or modify the permission to such extent as
appears to it to be necessary:

Provided that ---

(a) where the permission relates to the carrying out of building or other
operations no such order –
 354

(i) shall affect such operations as have been previously carried out;

(ii) shall be passed after these operations have been completed;

(b) where permission relates to a change of use of land, no such order shall
be passed at any time after the change has taken place.

(2) When permission is revoked or modified by an order made under sub-

section (1), if the owner claims from the Planning Authority within the time and in
the manner prescribed, compensation for the expenditure incurred in carrying out
the works after the grant of permission and in accordance with such permission
which has been rendered abortive by the revocation or modification, the Planning
Authority shall, after giving the owner a reasonable opportunity of being heard by
the Senior Town Planner and after considering the Senior Town Planner’s report,
assess and offer such compensation to the owner as it thinks fit.

(3) If the owner does not accept the compensation and gives notice, within
such time as may be prescribed of his refusal to accept, the Planning Authority shall
refer the matter for the adjudication of the Court and the decision of the Court shall
be final and be binding on the owner and the Planning Authority.

Penalty for unauthorised Development or for use otherwise than in conformity

with the Development Plan

43. (1) Any person who, whether at his own instance or at the instance of any
other person or anybody commences, undertakes or carries out development,
institutes, or changes use of any land –

(a) in contravention of any development plan;

(b) without payment of development charges;
(c) without permission as required under this Act;
(d) in contravention of any condition subject to which such
permission has been granted;
(e) after the permission for development has been revoked under
section 42;

(f) in contravention of the permission which has been modified

under section 42;

(g) in contravention of the provisions of sub-section (3) of

section 47;
 355

shall be punishable with a fine which may extend to ten thousand rupees, and in
the case of a continuing offence with a further fine which may extend to five
hundred rupees for everyday during which the offence continues after conviction
for the first commission of the offence.

(2) Any person who continues to use or allows the use of any land or
building in contravention of the provisions of a Development Plan without having
been allowed under provisio to section 36 or where the continuance of such use has
been allowed under that section, continues such use after the period for which the
use has been allowed or without complying with the terms and conditions under
which the continuance of such use is allowed, shall be punishable with a fine which
may extend to five thousand rupees and in the case of a continuing offence with a
further fine which may extend to five hundred rupees for everyday during which
such offence continues after conviction for the first commission of the offence.

Power to require removal of unauthorised development

44. (1) Where any development of the land has been carried out as described
in section 43, the Planning Authority may, within three years of such development,
serve on the owner a notice requiring him, within such period, being not less than
one month, as may be specified therein after the service of the notice, to take such
steps as may be specified in the notice —

(i) in cases specified in clauses (a), (c) or (e) of sub-section (1) of

section 43 to restore the land to its condition before the said development took
place;
(ii) in cases specified in clauses (b) of sub-section (1) of section 43 to restore
the land to its condition before the said development, took place or to pay the
development charge and such penalty if any, as may be prescribed by the rules;

(iii) in cases specified in clause (d) or (f) of sub-section (1) of section 43 to

secure compliance with the conditions or with the permission as modified.

and in particular any such notice may for the purpose aforesaid require-
(a) the demolition or alteration of any building or works;
(b) the carrying out on land, of any building or other operations; or
(c) the discontinuance of any use of land:
Provided that in the case the notice requires the discontinuance of any use of
land, the Planning Authority shall serve as notice on the occupier also.

(2) Any person aggrieved by such notice may, within the period and in the
manner prescribed —
(a) apply for permission under section 37 for the retention of the
land or any building, work or for the continuance of any use
 356

of the land, to which the notice relates, or

(b) appeal to the Board,

(3) (i) The notice shall be of no effect pending the final determination or
withdrawal of the application or the appeal.

(ii) If such permission as aforesaid is granted on the application, the notice

shall not take effect, or if such permission is granted for the retention only of some
buildings or works or for the continuance of use of only a part of the land, the
notice shall not take effect regarding such buildings or works or such part of the
land but shall have full effect regarding other buildings or works or other parts of
the land.

(4) On an appeal made to the Board under sub-section (2) the Senior Town
Planner or any other person appointed by him in this behalf after obtaining the
remarks of the Planning Authority concerned and making such enquiries as may be
deemed necessary submit a report to the Board.

(5) After considering the aforesaid report and hearing the appellant, the
Board may dismiss the appeal or accept the appeal by quashing or varying the
notice as it may think fit.

(6) If within the period specified in the notice or within such period as may
be prescribed after the disposal or withdrawal of the application for permission or
the appeal under the sub-section (2), the notice or so much of it as continues to have
effect, or the notice with variation made in appeal, is not complied with, the
Planning Authority may

(a) prosecute the owner for not complying with the notice and in the case
where the notice required the discontinuance of any use of land, any other person
also who uses the land or causes or permits the land to be used in contravention of
the notice, and

(b) (i) in the case of a notice requiring the demolition or alteration of any
building or works or carrying out of any building or other operations, itself cause
the restoration of the land to its condition before the development took place and
secure the compliance with the conditions of the permission or with the permission
as modified, by taking such steps as the Planning Authority may consider necessary
including demolition or alteration of any building or works or carrying out of any
building or other operations.
 357

(ii) the Planning Authority may recover the cost of any expense incurred by
it in this behalf from the owner as arrears of land revenue.

(7) Any person prosecuted under sub-section (6) (a) shall be punishable with
a fine which may extend to ten thousand rupees, and in the case of a continuing
offence with a further fine which may extend to five hundred rupees for every day
during which such offence continues after conviction for the first commission of the
offence.

Power to stop unauthorised development

45. (1) Where any development of land as described in section 43 is being

carried out but has not been completed, the Planning Authority may serve on the
owner and the person carrying out the development a notice requiring the
development of land to be discontinued from the time of the service of such notice.

(2) Where such notice has been served the provisions of sub-sections (2), (4)
and (5)of section 44 shall apply, with such modifications as may be necessary:

Provided that the provisions of sub-section (3) (i) of section 44 shall not apply
and in spite of the filing of an application for permission for development or an
appeal as provided in sub-section (2) of section 44 the notice shall continue to have
full effect.

(3) Any person, who continues to carry out the development of land,
whether himself or on behalf of the owner or any other person, after such notice has
been served shall be punishable with a fine which may extend to ten thousand
rupees and when the non-compliance is a continuing one, with a further fine which
may extend to five hundred rupees for everyday after the date of the service of the
notice during which the non-compliance has continued or continues.

(4) If such notice is not complied forthwith, the Planning Authority or such
officer of the Planning Authority who may be authorised in this behalf may require
any police officer to remove such person and all assistants and workmen from the
land at anytime after the service of such notice and such police officer shall comply
with the requisition accordingly.

(5) After the requisition under sub-section (4) has been complied with, the
Planning Authority or such officer of the Planning Authority who may be
authorised in this behalf may, if he thinks fit, depute, by a written order, a police
 358

officer or any officer or employee of the Planning Authority to watch the land in
order to ensure that the development is not continued.

(6) Where a police officer or an officer or employee of the Planning Authority

has been deputed under sub-section (5) to watch the land, the cost of such
deputation shall be paid by the person at whose instance such development is being
continued or to whom notice under sub-section (1) was given and shall be
recoverable from such persons as arrears of land revenue.

Power to require removal of unauthorised development or use

46. (1) If it appears to a Planning Authority that it is expedient in the

interest of the proper planning of its areas (including the interest of amenities)
having regard to the development plan prepared, or under preparation, or to
be prepared, and to any other material considerations –

(a) that any use of land should be discontinued; or

(b) that any conditions should be imposed on the continuance thereof; or
(c) that any building or work should be altered or removed;

the Planning Authority may, by notice served on the owner

(i) require the discontinuance of that use, or
(ii) impose such conditions, as may be specified in the notice on the
continuance thereof, or

(iii) require such steps, as may be specified in the notice to be taken for the
alteration or removal of any buildings or work, as the case may be, within such
period, being not less than one month, as may be specified therein, after the service
of the notice.

(2) Any person aggrieved by such notice may, within the said period and in
the manner prescribed, appeal to the Board.

(3) If an appeal is filed under the last foregoing sub-section, the provisions of
clause (i) of sub-section (3) and sub-section (4) and (5) of section 44 shall apply with
such modifications as may be necessary.

(4) If any person---

(i) who has suffered damage in consequence of the compliance with

the notice, by the depreciation of any interest in the land to which
he is entitled or by being disturbed in his enjoyment of the land, or
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(ii) who has carried out any work in compliance with the notice.

claims from the Planning Authority within the time and in the manner prescribed,
compensation in respect of that damage or of any expense reasonably incurred by
him for complying with the notice the provisions of sub-sections (3) to (5) of section
41 shall apply with such modifications as may be necessary.

(5) (a) If any person interested in the land in respect of which a notice is
issued under this section claims that, by the reason of the compliance with the
notice, the land will become incapable of reasonably beneficial use, he may within
the period specified in the notice or within such period after the disposal of the
appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on
the Government an acquisition notice requiring it to acquire his interests in the
land.

(b) When a notice is served under the last foregoing sub-section, the
provisions of sub-sections (2) to (4) of section 40 shall apply with such modifications
as may be necessary.

Power to make Building Bye-laws and Zoning Regulations

47. (1) The Government, in consultation with the Town and Country
Planning Department, may, by notification in the Official Gazette, make Building
Bye-laws and Zoning Regulations to be applicable to such areas as may be specified
in the notification to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such Bye-laws and Zoning Regulations may provide for all or any of the
following matters, namely: -

(i) the plot size, area to be covered, floor area ratio, height of the
buildings, size of yards and building lines;
(ii) the use of zones such as residential, commercial, industrial,
recreational, agricultural and other purposes;
(iii) any other matter which is to be or may be prescribed.

(3) No building operations shall be undertaken in a Planning area contrary to the

building Bye-laws and Zoning Regulations made under sub-section (1) above
without permission in writing from the Planning Authority.
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CHAPTER –IX

ACQUISITION AND DISPOSAL OF LAND

Acquisition of land for purposes of Development Plan to be

deemed for a public purpose

[Link] needed for purposes of Development Plan whether contemplated,

notified or sanctioned shall be deemed to be land needed for a public purpose
within the meaning of the Land Acquisition Act, 1894 (Central Act 1 of 1894).

Acquisition of land for Development Plan

49. The Planning Authority may, at any time, and for the purposes of a
Development Plan acquire any land with the sanction of the Government.

Power of Government to acquire land included in the Development Plan

50. (1) If, at any time, the Government is of opinion that any land included in
the Development Plan is needed for a public purpose other than that for which it is
included in the development plan, it may make a declaration to that effect in the
Official Gazette in the manner provided in section 6 of the Land Acquisition Act,
1894 (Central Act 1 of 1894). The declaration so published shall, notwithstanding
anything contained in the said Act, deemed to be a declaration duly made under
the said section.

(2) On the publication of a declaration under sub-section (1) the

Government shall proceed to acquire the land and the provisions of the Land
Acquisition Act, 1894 (Central Act 1 of 1894) as amended by section 51 of this Act,
shall so far as may be, apply to the acquisition of the said land.

(3) In the proceedings under the Land Acquisition Act, 1894 (Central Act 1
of 1894), the Planning Authority shall be deemed to be a person interested in the
land acquired and in determining the amount of compensation to be awarded to the
Planning Authority, the Government or the Court, as the case may be, may take into
consideration the value, if any, paid by the Planning Authority for the acquisition of
the said land under section 48 or otherwise and proportionate cost of the
development plan, if any, incurred by the Planning Authority and rendered
abortive by reason of the variation of the Development Plan on account of such
acquisition.
 361

(4) On the land vesting in the Government under section 16 or section 17 of

the Land Acquisition Act, 1894 (Central Act 1 of 1894), as the case may be, the
Development Plan shall be deemed to have been suitably varied by reason of the
acquisition of the land.

Amendment of the Land Acquisition Act, 1894 for the purposes

of acquisition

1[51.
Where any land is compulsorily acquired by the Planning Authority for
the purposes of development under this Act, the provisions of the Land Acquisition
Act, 1894, (Central Act 1 of 1894) shall apply subject to the modifications specified
in the Schedule.

Compensation for damage suffered in consequence of delay in

making award

51A. (1) Where the Collector has not made an award under section 11 of the
Land Acquisition Act, 1894 (Central Act 1 of 1894), in respect of any land within a
period of three years from the date of the publication of the declaration under
section 6 of that Act or the issue of notification under section 33, as the case may be,
the owner of the land shall, unless he has been responsible for the delay to a
material extent, be entitled to receive compensation for the damage suffered by him
in consequence of the delay.

________________________________________________________________________
1. Substituted by Act, 15 of 1971, section 5. w.e.f 15-7-1972.
 362

(2) the provisions of Part-Ill of the Land Acquisition Act, 1894 (Central Act 1
of 1894), shall apply, so far as may be, to the determination of the compensation
payable under this section].

Disposal of land

52. The immovable property acquired under section 49 for the execution of
any development plan shall be disposed of to any person or body (including a
department of the Government or the local authority or the Central Government)
intending to carry out such development on such land in the manner prescribed by
the rules.

CHAPTER --- X

LEVY, ASSESSMENT AND RECOVERY OF

DEVELOPMENT CHARGE

Levy of Development Charge

53. (1) Where permission for a change in the use or development of any land
or building is granted under Chapter-Vill of this Act in the whole or any part of the
planning area, and such change or development is capable of yielding a better
income to the owner, the Planning Authority may levy a charge (hereinafter called
the Development Charge) not exceeding one-third of the estimated increase in the
value of the land or building in the prescribed manner for permitting such change
in use or development.

(2) The Development Charge shall be leviable on any person who undertakes
or carries out any such development or institutes or changes any such use.

(3) Notwithstanding anything contained in sub-section (1), no Development

Charge shall be levied on development or institution of, or change of use of any
land vested in or under the control or possession of the Central
Government or the Government.

(4) The Government may, by rules, provide for the exemption from the levy
of Development Charge any development or institution or change of any use of any
land specified in the rules.

(5) The Development Charge shall not exceed the limit prescribed under the
rules from time to time.
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Assessment of Development Charge

54. (1) Any person who intends to carry out any development or institute or
change any use of any land or building for which permission under the provision of
Chapter-VIII of this Act is necessary whether he has applied for such permission or
not or who has commenced carrying out any such development or has carried out
such development or instituted or changed any such use shall apply to the Planning
Authority in the manner prescribed for the assessment of Development Charge
payable in respect thereof.

(2) The Planning Authority shall, on such application being made or if no

such application is made after serving a notice on the person liable for Development
Charge, refer it to the Senior Town Planner for a report.

(3) The Senior Town Planner shall, after making such enquiries as he may
deem necessary and after giving a reasonable opportunity of being heard to the
person who made an application under sub-section (1), make a report to the
Planning Authority.

(4) After taking into consideration the aforesaid report, the Planning
Authority shall assess the Development Charge by an order:

Provided that ---

(a) where permission under Chapter-VIII of this Act has not been granted for
carrying out the said development, the Planning Authority may postpone the
assessment of the Development Charge;

(b) where the application relates to the carrying out of any development, the
Planning Authority may refuse to assess the Development Charge payable in
respect thereof unless it is satisfied that the applicant has an interest in the land or
building sufficient to enable him to carry out such development or that the
applicant is able to obtain such interest and that the applicant will carry out the
development within such period as the Planning Authority considers appropriate;
(c) where the application relates to the institution or change of any use, the
Planning Authority may refuse to assess the amount of Development Charge in
respect thereof unless it is satisfied that the use will be instituted within such period
as it considers appropriate.

(5) The Planning Authority shall deliver or serve a copy of such order on the
applicant or the person liable for the Development Charge.
 364

(6) Such order of assessment subject to provisions of section 55 shall be final

and shall not be questioned in any Court.

Appeals against assessment

55. (1) If any person liable for such Development Charge is dissatisfied with
the order of assessment, he may, within such time and in such manner as may be
prescribed, appeal to the Board.

(2) On an appeal made to the Board under sub-section (1), the Board shall
pass such order as it deems fit.

Development Charge to be a charge on land and to be recovered as

an arrear of land revenue

56. (1) If any development of land is commenced or carried out or any use is
instituted changed without payment of the amount of the Development Charge
assessed under the provisions of this Chapter, the amount of Development Charge
shall, subject to prior payment of land revenue, if any, be a first charge upon the
interest of the person so liable in the land on which development has been
commenced or carried out or use has been instituted or changed and also in any
other land in which such person has any interest.

(2) The Development Charge or any amount due and recoverable under this
Act shall be recoverable as arrears of land revenue.

CHAPTER – XI

FINANCE, ACCOUNTS AND AUDIT

Funds of Planning Authority

57. (1) The Planning Authority shall have and maintain its own fund to
which shall be credited, --

(a) all moneys received by the Planning Authority from the Government by
way of grants, loans, advances, or otherwise:

(b) all Development Charge or other charges or fees received by the Planning
Authority under this Act or rules or regulations thereunder;

(c) all moneys received by the Planning Authority from any other source.
 365

(2) The funds shall be applied towards meeting –

(a) the expenditure incurred in the administration of this Act;

(b) the cost of acquisition of land in the Planning area for the purposes of
development;
(c) the expenditure for any development of land in the planning area; and
(d) the expenditure for such other purposes as the Government may
direct.

(3) The Planning Authority may keep in current account of the State Bank of
India or any other Bank approved by the Government in this behalf such sum of
money out of its funds as may be prescribed by the rules and any money in excess
of the said sum shall be invested in such manner as may be approved by the
Government.

(4) The Government may make such grants, advances and loans to the
Planning Authority as it may deem necessary for the performance of the functions
under this Act, and all grants, loans and advances made shall be on such terms and
conditions as the Government may determine.

Budget of the Planning Authority

58. Every Planning Authority shall prepare in such form and at such time
every year as may be prescribed, a budget in respect of the financial year next
ensuing, showing the estimated receipts and expenditure of the Planning Authority
in respect of the administration of this Act and shall forward to the Government
and the Board, such number of copies thereof as may be prescribed.

Accounts and Audit

59. (1) Every Planning Authority shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the balance
sheet in such form as may be prescribed.

(2) The accounts of every Planning Authority shall be subject to audit

annually by the Accountant General or any officer authorised by him in this behalf.
 366

(3) The Accountant-General or any person appointed by him in connection

with the audit of accounts of the Planning Authority shall have the same right,
privilege and authority in connection with such audit as the Accountant-General
has in connection with the Government accounts and in particular shall have the
right to demand the production of books, accounts, connected vouchers and other
documents and papers to inspect the office of the Planning Authority.

(4) The accounts of the Planning Authority as certified by the Accountant-

General or any person appointed by him in this behalf together with the audit
report thereon shall be forwarded to the Government and the Board.

Annual reports

60. Every Planning Authority shall prepare every year a report of its
activities under this Act during that year and submit the report to the Government
and the Board in such form on or before such date as may be prescribed.

CHAPTER – XII

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

Power of entry

61. (1) The Senior Town Planner or any person authorised by the Board or
any Planning Authority in this behalf may enter into or upon any land or building
with or without assistants or workmen for the purpose of –

(a) making any enquiry, inspection, measurement or survey or taking

levels of such land or building;

(b) setting out boundaries and intended lines of work;

(c) marking such levels, boundaries and lines by placing marks and
cutting trenches;

(d) examining works under construction and ascertaining the course

of sewers and drains;

(e) digging or boring into the sub-soil;

 367

(f) ascertaining whether any land is being or has been developed in

contravention of any provision of this Act or rules or regulations
thereunder;

(g) doing any other acts necessary for the efficient administration of
this Act:
Provided that ---
(i) in the case of any building used as a dwelling house or upon any enclosed
part or garden attached to such a building no such entry shall be made (unless with
the consent of the occupier thereof) without giving such occupier at least twenty-
four hours notice in writing of the intention to enter;

(ii) sufficient opportunity shall, in every instance, be given to enable women,

if any, to withdraw from such land or building;

(iii) due regard shall always be had so far as may be compatible with the
exigencies of the purpose for which the entry is made, to the social and religious
feelings of the occupants of the land or building entered.

(2) The power of Senior Town Planner or the Board under sub-section (1)
shall extend to the whole of the Union territory and the power of the Planning
Authority under sub-section (1) shall extend only to its planning area and such
other area which the Government may be directed to be included in a development
Plan.

(3) Any person who obstructs the entry of a person empowered or

authorised under this section to enter into or upon any land or building or molests
such person after such entry, shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to one thousand
rupees, or with both.

Service of notices, etc.

62. (1) All documents including notices and orders required by this Act or
any rule or regulation made thereunder to be served upon any person shall, save as
otherwise provided in this Act or rule or regulation, be deemed to be duly served
 368

(a) where the document is to be served on a Government department,

railway, local authority, statutory authority, company, corporation, society or other
body, if the document is addressed to the head of the Government Department,
Secretary or the Principal Officer of the local authority, statutory authority,
company, corporation, society or any other body at its principal, branch, local or
registered office, as the case may be, and is, either

(i) sent by registered post to such office; or

(ii) delivered at such office;

(b) where the person to be served with such notice is a partnership, if the
document is addressed to the partnership at its principal place of business,
identifying it by the name or style under which its business is carried on, and is
either ---

(i) sent by registered post; or

(ii) delivered at the said place of business.

(c) in any other case, if the document is addressed to the person to be

served and

(i) is given or tendered to him; or

(ii) if such person cannot be found, is affixed on some conspicuous

part of his last known place of residence or business, or is given
or tendered to some adult member of his family or is affixed on
some conspicuous part of the land or building to which it relates,
or

(iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the

owner or occupier of any land or building may be addressed “the
owner” or “the occupier”, as the case may be, of that land or building
(naming or describing that land or building) without further name or
description and shall be deemed to be duly served

(a) if the document so addressed is sent or delivered in accordance with

clause (c) of sub-section (i); or

(b) if the document so addressed or a copy thereof so addressed, is

delivered to some person on the land or building.
 369

(3) Where a document is served on a partnership in accordance with this

section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of
any property, the Secretary to the Board or the Planning Authority or any other
officer authorised by the Board or any Planning Authority, in this behalf, may, by
notice in writing, require the occupier (if any) of the property to state the name and
address of the owner thereof.

(5) Where a person on whom a document is to be served is a minor, the

service upon his guardian or any adult member of his family shall be deemed to be
service upon the minor.

(6) A servant is not a member of the family within the meaning of this
section.

Public notice how to be made known

63. Every public notice given under this Act or rules or regulations made
thereunder shall be in writing over the signature of the Secretary to the Board of
any Planning Authority or such other officer who may be authorised in this behalf
by the Board or any Planning Authority and shall be widely made known in the
locality to be affected thereby by affixing copies thereof in conspicuous public
places within the said locality, or by publishing the same by beat of drum or by
advertisement in a local newspaper and by any other means which the Secretary of
the Board or the Planning Authority thinks fit.

Notice, etc., to fix reasonable time

64. Where any notice, order or other document issued or made under this
Act or any rule or regulation made thereunder requires anything to be done for the
doing of which no time is fixed in this Act or rule or regulations, the notice, order or
other document shall specify a reasonable time for doing the same.

Authentication of orders and documents of the Board and the

Planning Authority

65. All permissions, orders, decisions, notices and other documents of the
Board and Planning Authority shall be authenticated by the signature of the
Secretary to the Board or the Planning Authority or such other officer as may be
authorised by the Board or the Planning Authority in this behalf.
 370

Mode of proof of records of the Board and Planning Authority

66. A copy of any receipt, application, plan, notice, order, entry in a register,
or other document in the possession of the Board or the Planning Authority, if duly
certified by the Secretary to the Board or Planning Authority or any other person
authorised by the Board or the Planning Authority in this behalf, shall be received
as prima facie evidence of the existence of the entry of document and shall be
admitted as evidence of the matters and transactions therein recorded in every case,
where, and to the same extent as the original entry or document would, if
produced, have been admissible to prove such matters.

Restrictions on the summoning of officers and servants of the

Board or Planning Authority

67. No Chairman, Secretary, Member, officer or servant of the Board or

Planning Authority, shall, in any legal proceedings to which the Board or the
Planning Authority is not a party, be required to produce any register or document
the contents of which can be proved under section 66 by a certified copy, or to
appear as a witness to prove the matters and transactions recorded therein, unless,
by order of the court, made for special cause.

Penalty for obstructing contractor or removing mark

68. If any person, ---

(a) obstructs or molests any person engaged or employed by the Board or

Planning Authority or any person with whom the Board or Planning Authority has
entered into a contract, in the performance or execution by such person of his duty
or of anything of which he is empowered or required to do under this Act, or
(b) removes any mark set up for the purpose of indicating any level or
direction necessary to the execution of works authorised under this Act,

he shall be punishable with fine which may extend to two hundred rupees or with
imprisonment for a term which may extend to two months.

Sanction of prosecution

69. No prosecution for any offence punishable under this Act shall be
instituted except with the previous sanction of the Board of the Planning Authority
or any officer authorised by the Board or the Planning Authority in this behalf.
 371

Composition of offences

70. (1) The Board or the Planning Authority or any person authorised in this
behalf by general or special order may either before or after the institution of the
proceedings compound any offence made punishable by or under this Act.

(2) When an offence has been compounded, the offender, if in custody, shall be
discharged and no further proceedings shall be taken against him in respect of the
offence compounded:

Jurisdiction of Courts

71. No court inferior to that of a Magistrate of the first class shall try an
offence punishable under this Act.

Fine when realised to be paid to the Planning Authority

72. All fines realised in connection with prosecution under this Act shall be
paid to the Planning Authority concerned.

Members and Officers to be public servants

73. Every member and every officer of the Board and Planning Authority
shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860 (Central Act 45 of 1860).

Protection of action taken in good faith

74. No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done under this Act or
any rule or regulations made thereunder.

Finality of orders

75. Save as otherwise expressly provided in this Act, every order passed or
direction issued by the Government or Board or notice issued by Planning
Authority under this Act shall be final and shall not be questioned in any suit or
other legal proceeding.
 372

Validation of acts and proceedings

76. (1) No act done or proceeding taken under this Act shall be questioned on
the ground merely of, -

(a) the existence of any vacancy in, or any defect in the constitution
of, the Board or Planning Authority;

(b) any person having ceased to be a member;

(c) any person associated with Planning Authority under section 15

having voted in contravention of the said section; or

(d) the failure to serve notice on any person where no substantial

injustice has resulted from such failure; or

(e) any omission, defect or irregularity not affecting the merits of the
case.

(2) Every meeting of the Board and Planning Authority the minutes of the
proceedings of which have been duly signed as prescribed in sub-section (4) of
section 6 and sub-section (4) of section 14 shall be taken to have been duly convened
and to be free from all defects and irregularities.

Returns and informations

77. (1) The Board and Planning Authority shall furnish to the Government
such reports, returns and other information as the Government may from time to
time, require.

(2) The Planning Authority shall furnish to the Board such reports, returns,
and other information as the Board may from time to time, require.
Effect of other laws

78. (1) Save as aforesaid, the provisions of this Act and the rules and
regulations made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law.

(2) Notwithstanding anything contained in any such other law,

 373

(a) when permission for development in respect of any land has been
obtained under this Act, such development shall not be deemed to be unlawfully
undertaken or carried out by reason only of the fact that permission, approval or
sanction required under such law for such development has not been obtained.

(b) when permission for such development has not been obtained under
this Act, such development shall not be deemed to be lawfully undertaken or
carried out by reason only of the, fact that permission, approval or sanction
required under such other law for such development has been obtained.

Power to delegate

79. The Senior Town Planner may, by an order in writing, delegate any
power exercisable by him under this Act, rules or regulations to any officer of the
Government or local authority in such case and subject to such conditions, if any, as
may be specified therein.

Control by the Government and the Board

80. (1) The Board and the Planning Authority shall carry out such directions
as may be issued from time to time by the Government for the efficient
administration of this Act and the Planning Authority shall carry out also such
directions as may be issued from time to time by the Board for the purpose.

(2) If in, or in connection with, the exercise of its powers and discharge of
its functions by any Planning Authority under this Act, any dispute arises between
the Planning Authority under this Act, any dispute arises between the Planning
Authority, the local authority the Board and the Government, the decision of the
Government on such disputes shall be final.

Power to make rules

81. (1) The Government may, by notification in the Official Gazette, 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 all or any of the following matters, namely:
 374

(a) the functions and powers of the Board and the Planning
Authority;
(b) the term of office and conditions of service of the Chairman,
Vice-Chairman, Secretary and other members of the Board
and Planning Authority;

(c) the qualification and disqualification for being chosen as,

and for being, members of the Board or Planning Authority;

(d) the time and place of holding the meetings of the Planning
Authorities and the procedure to be followed;

(e) the functions, powers and duties of the Senior Town Planner;

(f) the manner in which and the purposes for which the
Planning Authority may associate with itself any person;

(g) the time within which the Government is to direct

modifications in, or to give its consent for the publication of
notice of preparation of and approval to, any Development
Plan;
(h) the form and content of the Interim Development Plan and
the Comprehensive Development Plan and the procedure to
be followed in connection with the preparation, submission
and approval of such plans and the form and the manner of
publication of the notice relating to such plan;

(i) the periodical amendment of development plans, the period

on the expiration of which such an amendment may be
taken up, the procedure to be followed in making such
amendment;

(j) the form in which any application for permission for

development shall be made, the particulars to be furnished
in such application and documents and plans which shall
accompany such application;

(k) the form of registration of application and the particulars to

be contained in such registers;

(1) the manner of filing, and the fees to be paid for and the
procedure to be followed in appeals;

(m) the manner in which an acquisition notice is to be served, and

claim for compensation to be made, the time within which such
claim is to be made and the procedure to be followed for
assessment of compensation;
 375

(n) the procedure for the levy of Development Charge and

exemption from it on any development or institution or
change of any use of any land;

(o) the manner in which the application for the assessment of

Development Charge is to be made;

(p) the form of the budget of the Planning Authority, the

number of copies that have to be sent to the Board and
the Government;

(q) the form of the annual report of the Planning Authority and
the date on or before which it shall be submitted to
the Board and the Government:

(r) any other matter which has to be or may be prescribed by

rules.

(3) 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 or more successive sessions, and, if before the expiry of
the session in which it is so laid or the sessions aforesaid, the
Assembly makes any modification in the rule or decides,
that the rule should not be made, the 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.

Power to make regulations

82. The Planning Authority may, with the previous approval of the
Government, make regulations consistent with this Act and the rules made
thereunder, to carry out the purposes of this Act.
Repeals and savings

83. The corresponding provisions of any law in force in the Union territory of
Puducherry or in any area thereof relating to matters covered by this Act shall be
deemed to have been repealed with effect from the date on which this Act comes
into force, except as respects things done or omitted to be done thereunder before
such repeal.
 376

1[SCHEDULE

(See Section 51)

Modifications to the Land Acquisition Act, 1894
1. In the Land Acquisition Act, 1894 (hereinafter referred to in this Schedule
as the said Act), in section 3, after clause (ee), the following clause shall be inserted,
namely : -
“(eee) the expression ‘local authority’ includes the Planning Authority
constituted under section 11 of the Puducherry Town and Country Planning Act,
1969”.
2. After section 17 of the said Act, the following section shall be inserted,
namely: -
“17 A. Transfer of land to Planning Authority. –
In every case referred to in section 16 or in section 17, the Collector shall,
upon payment of the cost of the acquisition, make over charge of the land to the
Planning Authority constituted under section 11 of the Puducherry Town and
Country Planning Act, 1969; and the land shall thereupon vest in the said Authority
subject to the liability to pay any further cost which may be incurred on account of
its acquisition”.

3. In the said Act, for sections 23 and 24, the following sections shall
respectively be substituted, namely:---

“23. Matters to be considered in determining compensation. —

(1) In determining the amount of compensation to be awarded for the land or
any interest therein acquired under this Act, the Court shall take into consideration
–
first, the market value of the land as on the date of the declaration of the area
as a planning area under section 8 of the Puducherry Town and Country Planning
Act, 1969;
secondly, the damage sustained by the person interested by reason of the
taking of any standing crops or trees which may be on the land at the time when the
possession was taken from him;

thirdly, the damage, it any, sustained by the person interested at the time of
the possession being taken from him, by reason of severing such land from his other
land;

________________________________________________________________________
1. Schedule inserted by Act, 15 of 1971, section 6, w.e.f 15-7-1972.
________________________________________________________________________
 377

fourthly, the damage, if any, sustained by the person interested at the time of
the possession being taken from him of the land, by reason of the acquisition
injuriously affecting his other property, movable or immovable, in any other
manner or his earnings; and
fifthly, if in consequence of the acquisition of the land the person interested
is compelled to change his residence or place of business the reasonable expenses, if
any, incidental to such change.
(2) In addition to the market value of the land as provided in sub-section (1),
the Court shall in every case award a sum of fifteen per centum on such market
value, in consideration of the compulsory nature of the acquisition.

24. Matters to be neglected in determining compensation: --

The Court shall not take into consideration –
first, the degree of urgency which led to the acquisition;

secondly, any disinclination of the person interested to part with the land
acquired;
thirdly, any damage sustained by him which, if caused by a private person,
would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after
the date of publication of the notice under section 33 of the Puducherry Town and
Country Planning Act, 1969 by or in consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from
the use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested
likely to accrue from the use to which the land acquired will be put;
seventhly, any outlay or improvements on, or disposal of the land acquired,
commenced, made or effected with the sanction of the local authority after the date
of the declaration of the area as a planning area under section 8 of the Puducherry
Town and Country Planning Act, 1969;
eighthly, the special suitability or adaptability of the land for any purpose, if
that purpose is a purpose to which it could be applied in pursuance of any law or
for which there is no market apart from the special needs of the local authority.
ninthly, any increase in the value of the land by reason of the use thereof or
any premises thereon in a manner which could be restrained by any court, or is
contrary to law or is detrimental to the health of the inmates of the premises or to
the public health.].

________
 378

STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 13 OF 1970

Under The French law viz. the Decree of 12 th March, 1880, the Mayors are empowered with the
approval of the local Government to issue orders regarding building lines, public streets, thoroughfares etc. But
these powers are not adequate and in conformity with the present requirements. The Puducherry town and its
environs are having a non-planned growth and buildings, factories and workshops have been coming up
without any regard for ventilation, sanitary facilities, causing also a problem for public safety and health. Slums
have been also developing like mushrooms. At present, there is no local enactment for regulating town
planning or for enforcing Zoning or building regulations. Therefore, the present Bill has been prepared on the
model Bill sent by the Government of India to provide for planned development and use of rural and urban
land in the Union territory of Puducherry.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 15 OF 1971

The Puducherry Town and Country Planning Act, 1969 (No. 13 of 1969) was assented to by the
President on 20th May 1970. While communicating the assent, the Government of India pointed out that the
section in the Act with respect to the acquisition of the property for the purposes of development plan should
be amended in such a way to dispense with notification under section 4 and declaration under section 6 of the
Land Acquisition Act, 1894 and to achieve these objects by making suitable references in the provisions of the
Act itself. It was also suggested that while determining the amount of compensation, the market value could be
fixed as on the date of notification of the Planning area under section 8 of the Act, especially in view of the
decision of the Supreme Court (in State of Gujarat Vs. Shanthilal AIR 1969 S.C. 634). Accordingly amendments
have been made to sections 8, 18,33 and 51 of the Act. The other provisions of the Land Acquisition Act are also
made applicable with such modifications referred to in the Schedule to the Act.
The Bill thus seeks to achieve the objects stated above.
________

STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 10 OF 1981

The Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970) in sub-section (2) of section
11, as originally enacted specified the members to be appointed on every Planning Authority constituted under
sub-section (1) of the said section. The said sub-section (2) was amended by section 132 of the Puducherry
Housing Board Act, 1973 (No. 7 of 1974) which states that the Chairman and members of the Housing Board
constituited under section 3 of the said Act will be the Chairman and members of every Planning Authority. As
this provision is not found to be helpful to achieve the objects of the Puducherry Town and Country Planning
Act, it is felt necessary to further amend sub-section (2) of section 11 of the said Act enabling appointment of
Chairman and members of every Planning Authority independent of the Chairman and members of the
Puducherry Housing Board.
The Bill seeks to achieve the above object.
________

STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 3 OF 2009

Section 4 of the Act provides for the term of office and conditions of service of the Chairman and
members of the Board. Sub-section (2) of section 4 provides that the Chairman and the other members of the
Board shall be entitled to receive travelling allowances as may be fixed by the Government. Now, in view of the
specific provision of sub-section (2) of section 4 and in view of the fact that the Minister in-charge of Town and
Country Planning has been statutorily nominated as the Chairman of the Board, it has become necessary to
declare by law that no person shall be disqualified for being chosen as or for being a member of the Legislative
Assembly by virtue only of the fact that he is a Chairman or a member of the Board.
For the said purpose, a new section 4A is proposed to be incorporated in the Act to meet the above-
mentioned requirements.
The Bill seeks to achieve the above objects.
________
 379

THE PUDUCHERRY REVENUE RECOVERY ACT, 1970

(Act No.14 of 1970)

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement
2. Definitions
3. Security for revenue.
4. Revenue when becomes due and payable.
5. Arrear of revenue and defaulter.
6. Arrear of revenue how recovered.
7. Interest on arrears.
8. Procedure for seizure and sale of movable property.
9. Procedure when defaulter neglects to pay after notice.
10. Distress to be withdrawn on tender of arrear, etc., prior to sale.
11. Distrained crops how dealt with,.
12. Distrained cattle or goods not be used.
13. Recovery of loss from neglect in respect of distrained property.
14. Distress to be proportionate to the arrear.
15. Time of distress.
16. Penalty of fraudulent conveyance of property to prevent distress.
17. Claims to property distrained and sold.
18. Penalty forcibly or clandestinely taking away distrained property.
19. What places distrainer may force open.
20. Powers of distrainer to force open doors, etc, in the presence of a police
officer.
21. Penalty for unlawful entry.
22. Proclamation of time of sale and of property to be sold.
23. Sale how conducted.
24. Payment on purchase of distrained property.
25. Demand to be served prior to attachment of land and mode of service.
26. Procedure when defaulter neglects to pay.
27. Mode of attachment.
28. Management of attached property.
29. Notice of assumption of management.
30. Duties of agents.
31. Liability of agent to suit or prosecution.
32. Effect of existing agreements between landholder and tenants.
33. Payments by tenants.
34. Settlement on withdrawal of attachment.
35. Release of land from attachment by persons interested.
36. Procedure in sale of immovable property.
 380

37. Certain provisions of section 36 not to apply to cases of purchase by

Government.
38. Tender of arrears upto sunset on day before sale.
39. Application to set aside sale of immovable property on deposit.
40. Application to set aside sale on grounds of mistake, fraud, etc.
41. Proclamation of sale.
42. Delivery of possession.
43. Contracts and payments binding on purchaser.
44. Sale to be free of all encumbrances and disposal of surplus.
45. Recovery of arrears due to defaulter on the date of sale.
46. Sale of land for arrears.
47. Sale may be postponed on tender of security.
48. Powers of arrest in case of wilful on fraudulent non-payment of
arrears.
49. Procedure in case of arrest.
50. Mode of enforcing payment by sureties.
51. Removal of crops may be prevented where revenue is payable in kind.
52. Simlar process in case of other species of revenue, advances fees, cesses
etc.
53. Process servers to be paid batta.
54. Interest and chares recoverable as arrears.
55. Who to bear expenses of countermanded sale and recovery thereof.
56. Receipts for payments of revenue.
57. Procedure where defaulter or surety resides out of region.
58. Cognizance of questions relating to rate of revenue.
59. Suits by persons aggrieved by proceedings.
60. Claim of Government to have precedence over all others.
61. Repeal and savings.

_______
 381

THE PUDUCHERRY REVENUE RECOVERY ACT, 1970

(Act No. 14 of 1970)
20th June, 1970.
AN ACT

to provide for the recovery of arrears of revenue 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 Revenue Recovery Act, 1970.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date+ as the Government may, by
notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires, —

(a) “Collector” means the Secretary to Government, Revenue, Finance and

Planning Department, Puducherry and includes the Deputy Collector (Revenue),
Puducherry, for Puducherry region, and the Administrators, Karaikal, Mahe and
Yanam in their respective regions *[and any officer whom the Government may, by
notification in the Official Gazette, appoint to perform the functions of a Collector
under this Act];

(b) “Fasli Year” means the year commencing from the 1st July of every year
and ending with the 30th June of next year;

(c) “Government” means the Administrator of the Union territory appointed

by the President under article 239 of the Constitution;

________________________________________________________________________
+ The Act came into force on the 1st day of August, 1970 vide Notification
No. B-819/ 68-Rev. I, dated 25th July 1970.
* Inserted vide Act No.12 of 1988, section 2, with effect from 19.5.88.
______________________________________________________________________________________
 382

(d) “revenue” in relation to land includes all dues payable to Government

whether under the provisions of any law for the time being in force or under any
agreement in respect of such land;

(e) “sales officer” means any officer appointed by the Government to hold
sales under the provisions of this Act;

(f) “Union territory” means the Union territory of Puducherry.

Security for revenue

3. The land, the buildings upon it, and its products, shall be regarded as
security for payment of revenue.

Revenue when becomes due and payable

4. (1) The revenue leviable on account of a fasli year shall become due on the
first day of that year and it shall be payable at such times, in such
instalments, to such persons, at such places and in such manner, as may be
specified by Government, by an order in this behalf.

(2) Any period elapsing between the first day of the fasli year and date
specified under sub-section (1) for the payment of revenue shall be deemed to be a
period of grace and shall not affect the provisions of sub-section (1).

Arrear of revenue and defaulter

5. Any instalment of revenue or part thereof which is not paid on the date
specified for payment under section 4 shall become an arrear of revenue and the
person responsible for the payment shall become a defaulter.

Arrear of revenue how recovered

6. Whenever revenue is in arrear, it shall be lawful for the Collector, or other

officer empowered by him in this behalf, to proceed to recover the arrear, together
with interest and costs of process, by the sale of the defaulter’s movable or
immovable property or both or by execution against the person of the defaulter in
the manner hereinafter provided:
 383

Provided that the following properties shall not be liable for sale, namely:-

(i) the necessary wearing apparel, cooking vessels, beds and bedding of the
defaulter, his wife and children, and such personal ornaments as, in accordance
with the religious usage, cannot be parted with by any woman;

(ii) tools of artisans and, if the defaulter is an agriculturist, his implements of

husbandry, except an implement driven by mechanical power and such cattle and
seed as may, in the opinion of the Collector, be necessary to enable him to earn his
livelihood as such and also such portion of the agricultural produce as in the
opinion of the Collector is necessary for the purpose of providing, until the next
harvest, for the due cultivation of the land and for the support of the holder and his
family;

(iii) articles set aside exclusively for the use of religious endowments;

(iv) houses and other buildings (with the materials and sites thereof and the
land immediately appurtenant thereto and necessary for their enjoyment) belonging
to an agriculturist and occupied by him.

Interest on arrears

7. Arrears of revenue shall bear interest at the rate of *[12 percent per
annum].

Procedure for seizure and sale of movable property

8. In the seizure and sale of movable property for arrears of revenue, the
following procedure shall be followed, namely:

(i) (a) The Collector or other officer empowered by him in this behalf, shall
furnish to the person employed to distrain the property of a defaulter (hereinafter
called the distrainer), a demand in writing, duly signed by him, specifying the name
of the defaulter, the amount of the arrear for which the distress is to be issued and
the date on which the arrear fell due.

________________________________________________________________________
* Amended vide Act No.8 of 1990, section 2, w.e.f 7.11.90.
______________________________________________________________________________________
 384

(b) The distrainer shall produce such demand to the defaulter and if the
arrear together with the batta due to him under section 53 is not paid at once, the
demand itself shall be his authority for making the distress.

(ii) On the day on which the property is distrained, the distrainer shall
deliver a copy of the demand to the defaulter, endorsing thereon a list or inventory
of the property distrained and the name of the place where it may be lodged or
kept.

(iii) The demand shall also state that the distrained property will be
immediately brought to public sale, unless the amount, with interest, batta, and all
the expenses of the distress, are previously discharged.

(iv) When a defaulter is absent, a copy of the demand along with the
endorsement, shall be fixed or left at his usual place of residence, or on the premises
where the property may have been distrained, before the expiration of the third
day, calculating from the day of the distress.

Procedure when defaulter neglects to pay after notice

9. Where the amount due is not paid in accordance with the terms of the
demand, and no arrangement for securing such amount has been entered into to the
satisfaction of the Collector or other officer empowered by him in this behalf, the
distrainer shall transmit an inventory of the property distrained to the Sales Officer
so that it may be publicly sold for the discharge of the arrear due, with interest,
batta, and the cost of distraint.

Distress to be withdrawn on tender of arrear, etc., prior to sale

10. Where a defaulter tenders payment of the arrear demanded together with
interest, batta and all necessary expenses attending distress after his property has
been distrained, but prior to the date fixed for sale, the distrainer shall receive the
amount so tendered and shall forthwith release the property.

Distrained crops how dealt with

11. (1) The distrainer attaching the crops or ungathered products of the land
belonging to a defaulter, may either cause them to be sold when fit for reaping or
gathering, or may cause them to be reaped or gathered in due season and stored in
proper places until sold and in the latter case, the expense of reaping or gathering
and storing such crops or products shall be defrayed by the owner upon his
redeeming the property, or from the proceeds of the sale in the event of its being
sold.
 385

(2) When crops or products belonging to a tenant are sold, it shall be lawful
for such tenant to deduct the value of the crops or products so sold from any rent
which may be due from him, then or afterwards, to the defaulter, in respect of the
land on which such crops or products have been grown and it shall also be lawful
for a tenant whose crops are attached for an arrear of revenue to pay the arrear and
deduct the amount in the aforesaid manner from any rent due from him, then or
afterwards.

Distrained cattle or goods not to be used

12. The distrainer shall not work the bullocks or cattle, or make use of the
goods or effects distrained and shall provide the necessary food for the cattle or
livestock, and any expenses so incurred shall be defrayed by the owner upon his
redeeming the property, or from the proceeds of the sale in the event of its being
sold.

Recovery of loss from neglect in respect of distrained property

13. Where property distrained are stolen or lost, or damaged by reason of the
necessary precautions for its due preservation not having been taken, or from its
having been improperly made use of, the amount of such loss or damage shall be
recoverable by summary process by the Collector from the officer from whose
neglect or act the loss or damage was occasioned and the amount so recovered shall
be paid to the person damnified.

Distress to be proportionate to the arrear

14. The distress levied shall not be excessive, that is to say, the property
distrained shall be as nearly as possible proportionate to the amount of the arrear.

Time of Distress

15. Any distress shall be made after sunrise and before sunset and not
otherwise.
 386

Penalty for fraudulent conveyance of property to prevent distress

16. Where a defaulter makes any fraudulent conveyance of property to

prevent the distress for arrears, any civil court of competent jurisdiction, upon
proof thereof, shall summarily cause the property to be delivered up to the
distrainer:

Provided that nothing in this section shall preclude the defaulter from being
proceeded with under Section 424 of the Indian Penal Code.

Claims to property distrained and sold

17. Where any person, not being a defaulter or his surety, claims a right to
the property distrained and if the distrainer causes the property to be sold
notwithstanding such claim, the claimant may, after establishing his right in a civil
court of competent jurisdiction, recover from the distrainer the full value of the
property with interest, cost and damages:

Provided that no such claim to crops on, or to be gathered from, the land
attached in the possession of the defaulter and founded upon a previous sale,
mortgage or otherwise shall bar the claim of revenue due from that land.

Penalty for forcibly or clandestinely taking away distrained property

18. Where it is proved to the satisfaction of any civil court of competent

jurisdiction that any person has forcibly or clandestinely taken away property once
distrained, the court may, without prejudice to any action being taken under the
provisions of the Indian Penal Code, summarily cause such property to be restored
to the distrainer.

What places distrainer may force open

19. It shall be lawful for the distrainer to force open any stable, cowhouse,
granary, godown, out-house or other building, and shall also enter any dwelling
house the outer door of which is open, and may break open the door of any room in
such dwelling house for the purpose of attaching property belonging to a defaulter
and lodged therein:

Provided that no apartment in such dwelling house which is in the actual

occupancy of women, who according to the usage or customs of the country do not
appear in public, shall be broken open or entered into by the distrainer except as
provided in section 20.
 387

Powers of distrainer to force open doors, etc,

in the presence of a police officer

20. Where a distrainer has reason to believe that the property of a defaulter is
lodged within a dwelling house, the outer door of which is shut or within any
apartment in such dwelling house which is in the actual occupancy of women, who
according to the usage or customs of the country do not appear in public, such
distrainer shall break open the dwelling house or enter the said apartment only in
the presence of a police officer:

Provided that no apartment in the actual occupancy of women shall be

entered except after due notice has been given for their withdrawal and after giving
them reasonable facility for such withdrawal.

Penalty for unlawful entry

21. Whoever forces open the outer door of a dwelling house or enters into an
apartment which is in the actual occupancy of women in contravention of the
provisions of section 20 shall, on conviction before a Magistrate of the First Class, be
punishable with imprisonment of either description for a term not exceeding six
months or with fine not exceeding five hundred rupees.

Proclamation of time of sale and of property to be sold

22. (1) The sales officer shall cause to be affixed to the outer door of the
defaulter’s house or on the premises where the property has been distrained, a list
of the property to be sold, with a notice specifying the place and time at which the
property distrained shall be sold and shall also cause a proclamation of the
intended sale to be made by beat of drum in the village in which the lands in
respect of which the arrear has fallen due is situate and in such other place or places
as the Collector or other officer empowered by him in this behalf may consider
necessary.

(2) No sale shall take place until after the expiration of a period of fifteen
days from the date on which the notice has been affixed under subsection (1).
 388

Sale how conducted

23. At the appointed time, the property shall be put up in one or more lots, as
the sales officer may consider advisable, and shall be sold to the highest bidder.
Where the property is sold for more than the amount of the arrear, the excess
amount shall, after deducting the expenses of process and interest, be paid to the
defaulter.

Payment on purchase of distrained property

24. (1) The property shall be paid for in cash at the time of the sale or as soon
after as the officer holding the sale shall appoint and the purchaser shall not be
permitted to carry away any part of the property until he has paid for the same in
full.

(2) Where the purchaser fails to pay the purchase money under
subsection (1), the property shall be brought up for re-sale and the defaulting
purchaser shall be liable for any loss arising therefrom as well as the expenses
incurred on the re-sale and if the property is sold on the re-sale for a higher price
than the first sale, the difference or increase in the price *[shall be the property of
the defaulter subject to the right of the Government to appropriate towards arrears
remaining, if any].

Demand to be served prior to attachment of land and mode of service

25. (1) Before a Collector, or other officer empowered by him in this behalf,
proceeds to attach the land of the defaulter, or buildings thereon, he shall cause a
written demand to be served upon the defaulter, specifying the amount due, the
land in respect of which it is claimed, the name of the party in arrear, the batta due
to the person who shall serve the demand, and the time allowed for payment which
shall be fixed with reference to the distance from the land on which the arrear is due
to the place at which the money is to be paid.

(2) Such demand shall be served by delivering a copy to the defaulter, or

to some adult male member of his family at his usual place of abode, or to his
authorised agent, or by affixing a copy thereof on some conspicuous part of his last
known residence or on some conspicuous part of the land about to be attached.

________________________________________________________________________
* Substituted by Act 11 of 1973, section 2, w.e.f 15.10.1973.
______________________________________________________________________________________
 389

Procedure when defaulter neglects to pay

26. When the amount due has not been paid pursuant to the terms of the
demand, and no arrangement for securing the same has been entered into to the
satisfaction of the Collector, or other officer empowered by him in this behalf, he
shall proceed to recover the arrear by the attachment and sale of the defaulter’s land
in the manner hereinafter contained.

Mode of attachment

27. (1) The attachment shall be effected by affixing a notice thereof to some
conspicuous part of the land.

(2) The notice referred to in sub-section (1) shall setforth that unless the
arrear, with interest and expenses, are paid within the date specified therein, the
land shall be brought to sale in due course of law.

(3) The attachment shall be notified by public proclamation on the land,

and by publication of the notice in the Official Gazette.

Management of attached property

28. It shall be lawful for the Collector, when attaching the land of a defaulter,
or at any time during such attachment, to assume the management of the property
attached and in such case, he shall appoint an agent with a proper establishment of
officers to manage the property, and shall give the agent a certificate of
appointment with written instructions under his seal and signature, and the
expenses of management shall be defrayed out of the income of the property:

Provided that where the property is so small as not to admit of its being
charged with the salary of an agent, it shall be committed to the care of such
revenue officer as the Collector may determine, and all the provisions herein
contained and applicable to agents shall be applicable to the revenue officer in the
management of the property.

Notice of assumption of management

29. Notice of assumption of management of the property under section

28 shall forthwith be served on the defaulter in the same manner in which a
demand is served under section 25 and shall also be notified by proclamation on the
land and by publication in the Official Gazette.
 390

Duties of agents

30. (1) It shall be the duty of the agent, during the continuance of
management under section 28, to collect the rents and profits due, or accruing due
upon the property according to the engagements subsisting between the defaulter
and the parties holding under him, or according to established usage where no
specific engagements exist.

(2) The agent shall keep proper account of all his receipts and disbursements,
and submit the same and pay over the balance, to the Collector, or other officer
empowered by him in this behalf, monthly or whenever required and the defaulter
shall be at liberty to inspect the accounts at all reasonable times and to take copies
of the same at his own expense without payment of any fee.

Liability of agent to suit or prosecution

31. It shall be lawful for the defaulter to proceed by prosecution or suit

against the agent, in respect of any criminal or illegal act done by him to the injury
of the defaulter or his property and all tenants or other persons holding by
subordinate title, shall have the same remedies against such agent as they would
have had against the defaulter if the act were done by the defaulter.

Effect of existing agreements between landholder and tenants

32. (1) Subject to the provision of sub-section (2), all agreements entered into
between the defaulter and his tenants shall, while the attachment is in force, be
binding on the Collector.

(2) All such agreements made collusively with a view to defeat or delay
the effect of the attachment and all leases of land at a rate lower than the usual rates
of lease prevailing in the locality and not made bonafide for the purpose of erecting
factories or buildings or of bringing waste-land into cultivation and all agreements
made subsequent to the attachment shall be null and void against the Collector
unless he declares otherwise and all charges or any encumbrances upon such land
shall be postponed to the payment of the revenue:

Provided that nothing in this section shall affect the right of the parties to
such agreement to bring a suit against the Collector in a civil court to establish their
claim.
 391

Payments by tenants

33. (1) All payments relating to rent or profits actually due, made before the
public proclamation of the notice of assumption of management under section 29 to
or on behalf of any defaulter by any person holding under him, shall not be called
in question by the Collector.

(2) All payments referred to in sub-section (1) made after such public
proclamation, or made before they were actually due shall be null and void against
the Collector who shall be entitled to recover, as arrears of rent, the full amount
from the parties by whom it was paid leaving them to proceed against the defaulter
by way of suit.

Settlement on withdrawal of attachment

34. All sums received from the property attached, shall, after paying the
expenses of attachment and management, be credited towards the discharge of the
arrears due, and interest thereon at the rate of six per cent per annum, and as soon
as all arrears, interest, costs of attachment, and expense of management have been
liquidated, the attachment shall be withdrawn, and a full account shall be rendered
of all receipts and disbursements during the continuance of such attachment.

Release of land from attachment by persons interested

35. (1) It shall be lawful for any person claiming an interest in land which has
been or is about to be, attached, to obtain its release by paying the arrears, interest
thereof and cost incurred on such attachment.

(2) Any tenant making a payment under sub-section (1) may deduct such
sum paid from any rent then or afterwards due by him to the defaulter.

(3) If such sums are paid by a bonafide mortgagee or other encumbrancer

upon the property or by any person not being in possession thereof but bonafide
claiming an interest therein adverse to the defaulter, the amounts paid shall be a
charge upon the land.

Procedure in sale of immovable property

36. In the sale of immovable property under this Act, the following
procedure shall be followed, namely:
 392

(i) The sale shall be made by public auction to the highest bidder and the
time and place of sale shall be fixed by the Collector in whose jurisdiction the
property is situated or other officer empowered by him in this behalf:

Provided that no sale shall be conducted during the currency of a Fasli year.
(ii) The Collector, or other officer empowered by him in this behalf shall,
before every sale is held under this section, issue a notice thereof in English and in
the language of the region, specifying the name of the defaulter, the position and
extent of land and of his buildings thereon, the amount of revenue assessed on the
land, or upon its different sections, the proportion of the public revenue due during
the remainder of the current fasli, and the time, place and conditions of sale and the
notice shall be fixed up one month at least before the date of sale in the Collector’s
Office, in the Office of the Tahsildar or Deputy Tahsildar, as the case may be, in the
nearest police station-house, and on some conspicuous part of the land.

(iii) A sum of money equal to fifteen per cent of the price of the land shall be
deposited by the purchaser in the hands of the Collector, or other Officer
empowered by him in this behalf, at the time of the purchase, and if the remainder
of the purchase money is not paid within thirty days of such purchase, the money
so deposited shall be liable to forfeiture.

(iv) Where the purchaser refuses or omits to deposit the said sum of money,
or to complete the payment of the remaining purchase-money within the period
specified in clause (iii), the property shall be re-sold at the expense and hazard of
such purchaser, and the amount of all loss or expense which may attend such
refusal or omission shall be recoverable from such purchaser in the same manner as
arrears of revenue and where in the second sale, the lands are sold for a higher price
than at the first sale, the difference or increase in the price shall be credited to the
defaulter.

(v) All persons bidding at a sale shall be required to state whether they are
bidding on their own behalf or as agents, and, in the latter case, a written authority
signed by their principals shall be deposited failing which their bids shall be
rejected.

Certain provisions of section 36 not to apply to cases of purchase

by Government

37. The provisions of clauses (iii) and (iv) of section 36 shall not apply to
cases where immovable property sold under this Act is purchased by the
Government.
 393

Tender of arrears up to sunset on day before sale

38. (1) It shall be competent to the defaulter or to any person acting on his
behalf, or claiming an interest in the land, to tender the full amount of the arrears of
revenue with the interest thereon, and all charges which have been incurred in
demanding the arrears, or in attaching or managing the estate or in taking the steps
necessary for sale up to the day previous to the date fixed for sale under section 36
and the sale shall thereupon be stayed.

(2) All sums paid under this section or under section 39 by any tenant or a
bonafide mortgagee or other encumbrancer or any person claiming an interest in
the property adverse to the defaulter may be recovered in the manner laid down in
section 35.

Application to set aside sale of immovable property on deposit

39. (1) Any person owning or claiming an interest in immovable property

sold under this Act, may, at any time within thirty days from the date of sale,
deposit into the treasury of the region in which the immovable property is situated
—

(a) a sum equal to five per cent of the purchase money, and

(b) a sum equal to the arrears of revenue for which the immovable property
was sold, together with interest thereon and the expenses of attachment,
management and sale and other costs due in respect of such arrears, and may apply
to the Collector to set aside the sale.

(2) If such deposit and application are made within thirty days from the date
of sale, the Collector shall pass an order setting aside the sale, and shall repay to the
purchaser the purchase money so far as it has been deposited, together with the five
per cent deposited by the applicant:

Provided that if more person than one have made the deposit and
application under this section, the application of the first depositor to the officer
authorised to set aside the sale shall be accepted.

(3) If a person applies under section 40 to set aside the sale of immovable
property, he shall not, unless he withdraws such application, be entitled to make an
application under this section.
 394

Application to set aside sale on grounds of mistake, fraud, etc

40. (1) At any time within thirty days from the date of the sale of immovable
property, an application may be made to the Collector to set aside the sale on the
ground of some material irregularity, or mistake, or fraud, in publishing or
conducting it, but, except as otherwise is hereinafter provided, no sale shall be set
aside on the ground of any such irregularity or mistake unless the applicant proves
to the satisfaction of the Collector that he has sustained substantial injury by reason
thereof.

(2) If the application made under sub-section (1) is allowed, the Collector
shall set aside the sale and may direct a fresh one.

(3) On the expiration of thirty days from the date of the sale, if no
application to have the sale set aside is made under section 39 or under subsection
(1) or if such application has been made and rejected, the Collector shall make an
order confirming the sale:

Provided that if the Collector has reason to think that the sale ought to be set
aside notwithstanding that no such application has been made or on grounds other
than those alleged in any application which has been made and rejected, he may,
after recording his reasons in writing, set aside the sale.

(4) Whenever the sale of any lands is not so confirmed or is set aside, the
deposit or the purchase money, as the case may be, shall be returned to the
purchaser.

(5) After the confirmation of any such sale, the Collector shall register the
lands sold in the name of the person declared to be the purchaser and shall execute
and grant a certificate of sale bearing his seal and signature to such purchaser.

(6) The certificate of sale granted under sub-section (5) shall state the
property sold and the name of the purchaser, and it shall be conclusive evidence of
the fact of such purchase unless the authority before whom it is produced doubts its
genuineness.
 395

Proclamation of sale

41. Where lands are purchased at public sale under, this Act, the Collector, or
other officer empowered by him in this behalf, shall publish in the village in which
the land is situated, in the office of Tahsildar or Deputy Tahsildar as the case may
be, in the Office of the Collector, and in the Official Gazette, the name of the
purchaser and the date of purchase, together with a declaration of the lawful
succession of such purchaser to all the rights and property of the former landholder
in the said lands.

Delivery of possession

42. Where, notwithstanding such publication under section 41, any lawful
purchaser of land is prevented from obtaining possession of the land, any court of
competent jurisdiction, shall, on application and production of the certificate of sale
granted under section 40, cause the proper process to be issued for the purpose of
putting such purchaser in possession in the same manner as if the said lands had
been decreed to the purchaser by a decision of such court.

Contracts and payments binding on purchaser

43. All contracts entered into by the defaulter with his tenants, and all
payments made to him by the said tenants shall be binding upon the purchaser to
the same extent and under the same conditions as the contracts and payments are
binding on the Collector under sections 32 and 33.

Sale to be free of all encumbrances and disposal of surplus

44. All lands brought to sale on account of arrears of revenue shall be sold
free of all encumbrances, and if any amount remains after liquidating the arrears
with interest and the expenses of attachment and sale and other costs due in respect
to such arrears, it shall be paid over to the defaulter unless such payment is
prohibited by any court of competent jurisdiction.

Recovery of arrears due to defaulter on the date of sale

45. Arrears of rent which on the date of sale is due to the defaulter from his
tenants shall, in the event of the sale, be recoverable by him after the sale, by any
process, except distraint which would have been utilised by him for that purpose
before the said sale.
 396

Sale of land for arrear

46. It shall be lawful for the Collector, or other officer empowered by him in
this behalf, to sell the whole or any portion of the land of a defaulter in the
discharge of an arrear of revenue:

Provided that, as far as may be practicable, no larger portion of the land shall
be sold than may be necessary to discharge the arrears with interest, the expenses of
attachment, management, and sale.

Sale may be postponed on tender of security

47. (1) When a defaulter tenders security, it shall be lawful for the Collector,
or other officer empowered by him in this behalf, to accept it and postpone the sale
of the defaulter’s property upon such conditions and until such time as he may
appoint.

(2) In the event of default being made in the performance of such conditions,
the Collector or such officer may sell the property and proceed against the defaulter
or against his security, or both.

Powers of arrest in case of wilful or fraudulent non-payment of arrears

48. When arrears of revenue, with interest and other charges cannot be
liquidated by the sale of the property of the defaulter or of his surety, and the
Collector has reason to believe that the defaulter or his surety is wilfully
withholding the payment of the arrears, or has been guilty of fraudulent conduct in
order to evade payment, it shall be lawful for him to cause the arrest and
imprisonment of the defaulter, or his surety, not being a female, in the manner
specified in section 49:

Provided that no person shall be imprisoned on account of an arrear of

revenue for a longer period than two years or for a longer period than six months, if
the arrear does not exceed rupees five hundred, or for a longer period than three
months, if the arrear does not exceed rupees fifty:

Provided further that such imprisonment shall not extinguish the debt due to
the Government by the defaulter, or his surety.
 397

Procedure in case of arrest

49. (1) The Collector shall issue a warrant for the arrest of the defaulter, or his
surety, or both which shall specify his name or their names, the amount of revenue
due and the date on which it became payable, and the warrant shall be signed and
sealed by the authority by whom it was issued.

(2) The officer charged with the execution of the warrant shall thereupon
arrest the defaulter, or his surety, or both and send him or them to the Central Jail at
Puducherry, and deliver the warrant to the Jailor, which shall be a sufficient
authority to him to receive the prisoner or prisoners.

(3) A copy of such warrant shall be retained by the jailor, who shall forthwith
despatch the original to the Officer in charge of the Central Jail.

Mode of enforcing payment by sureties

50. All the remedies specified by this Act in case of revenue defaulters may
be employed against their sureties, and it shall be lawful for the Collector, or other
officer empowered by him in this behalf, to enforce the same simultaneously with,
or either previously or subsequently to, their enforcement against the defaulters; so,
however, that not more than the total sum in arrears, and interest with costs and
charges, shall be realised from the defaulters and the sureties.

Removal of crops may be prevented where revenue is payable in kind

51. When land-revenue is payable in kind, it shall be lawful for the Collector
or other officer empowered by him in this behalf, to prevent the removal of the crop
from the land until a division has been made, and the portion which belongs to the
Government has been set apart, unless the landholder furnishes such security as the
Collector may deem satisfactory.

Similar process in case of other species of revenue,

advances, fees, cesses etc
52. All arrears of revenue other than land-revenue due to the Government,
all advances made by the Government for cultivation or other purposes connected
with the revenue, all fees or other dues payable by any person to or on behalf of
the village servants employed in revenue or police
duties, all cesses lawfully imposed upon land and all sums due to the Government,
including compensation for any loss or damage sustained by them as a result of a
breach of contract, may be recovered in the same manner as arrears of land revenue
under the provisions of this Act, unless the recovery thereof has been or may
hereafter be otherwise specially provided for.
 398

Process servers to be paid batta

53. The persons employed in serving notices, or other processes under this
Act, shall be entitled to batta at such rates as may, from time to time, be fixed by the
Government and published in the Official Gazette.

Interest and charges recoverable as arrears

54. The batta fixed under section 53 as well as interest and all costs and
charges incurred under the authority of this Act, shall be recoverable from the
defaulter or his sureties in the same manner as arrears of revenue.

Who to bear expense of countermanded sale and recovery thereof

55. Where property attached or distrained is put up for sale, and the sale is
countermanded, the proprietor shall, nevertheless, be responsible for the expenses
incurred in consequence of the attachment or distraint, in the same manner as if the
sale had taken place; and in the event of such proprietor omitting to discharge the
amount, it shall be recoverable by the same process under which the original
demand would have been recoverable.

Receipts for payments of revenue

56. Every person making a payment of revenue shall be entitled to a receipt

for the same, signed by the Collector or other officer empowered by him in this
behalf and such receipt shall state the name of the person making the payment and
the subject-matter in respect of which it is paid, and, in case of land-revenue, shall
describe the land on which the assessment is due and the names of the persons
entered in respect thereof in the settlement account.
 399

Procedure where defaulter or surety resides out of region

57. (1) Where a defaulter or his surety resides or holds property outside a
region, wherein default has been made, the Collector of the region, in which such
defaulter or surety resides or holds property shall, on the written application of the
Collector in whose region such default has been made, proceed in all respects
against the defaulter and his surety, and his or their property in the same manner as
if the default had been made in his own region.

(2) Every application under sub-section (1) shall be signed and sealed by the
Collector making it and shall be conclusive as to the amount due, and the party in
arrear, in all proceedings against the Collector acting upon such application, or any
person acting under his authority; and no proof of the seal, or signature or official
character of the Collector making the application shall be required, unless the court
has reason to doubt its genuineness:

Provided that nothing herein contained shall affect the right of any party to
sue in his own region the Collector who made the application.

(3) A Collector may delegate all or any of his powers and duties under this
section to any subordinate revenue officer not below the rank of a Deputy
Tahsildar.

Cognizance of questions relating to rate of revenue

58. No Civil Court shall have authority to take into consideration or decide
any question as to the rate of land revenue payable to the Government, or as to the
amount of assessment fixed, or to be hereafter fixed on the portions of a divided
estate.

Suits by persons aggrieved by proceedings

59. Nothing contained in this Act shall prevent the parties deeming
themselves aggrieved by any proceedings under this Act, except as herein before
contained in section 58, from applying to the civil courts for redress:

Provided that no court shall take cognizance of such suit unless it is

instituted within six months from the date on which the cause of action arose.
 400

Claim of Government to have precedence over all others

60. The claim of the Government to any moneys recoverable under the
provisions of this Act shall have precedence over any other debt, demand or claim
whatsoever whether in relation to any mortgage, judgment, decree, execution or
attachment or otherwise against any land or the holder thereof.

Repeal and savings

61. All laws in force in the Union territory corresponding to the provisions of
this Act shall stand repealed as from the coming into force of this Act:

Provided that anything done or any action taken, including any notification,
instruction or direction issued, properties distrained or sold, under the law so
repealed, shall be deemed to have been done or taken under the provisions of this
Act and shall continue to be in force accordingly unless and until superseded by
anything done or any action taken under this Act.

________
 401

STATEMENT OF OBJECTS AND REASONS FOR ACT 14 OF 1970

At present the French Law for the recovery of arrears of revenue is being
followed in this Union Territory. This law has several infirmities and the procedure
is cumbrous. There is also no provision enabling the Government to recover
amounts due to the other State Government and Central Government. Very
frequently, this Administration has also to approach the other State Governments
for recovery of amounts due to this Government from persons residing outside the
Union Territory. In order to remedy these defects, it has been, decided to enact a
self-contained legislation on the lines of the Madras Revenue Recovery Act, 1864
with suitable modifications to this territory.

STATEMENT OF OBJECTS AND REASONS ACT 11 OF 1973

The Puducherry Revenue Recovery Act, 1970 (No.14 of 1970) came into force
in this Union territory on the 1st day of August, 1970.

Section 24 (2) of the Act provides that where a property destrained for arrear
of revenue fetches at a resale a higher price than what it had fetched at the first sale
the increase shall be paid to the defaulter. So, it is not possible to adjust the increase
towards the arrears of revenue for which distraint was made. With a view to enable
such adjustment, it is proposed to suitably amend section 24 (2) of the Act.

The Bill seeks to achieve the above object.

STATEMENT OF OBJECTS AND REASONS FOR ACT 12 OF 1988

The Puducherry Revenue Recovery Act, 1970 at present, defines the

expression “Collector” in clause (a) of section 2 to mean specified officers. It is
necessary to take powers to appoint any officer to perform the functions of the
Collector under the said Act so that when new functionaries are created for revenue
recovery they can be vested with the powers of the Collector. It is therefore
proposed to amend clause (a) of section 2 of the said Act for the purpose.
 402

STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1990

The Puducherry Revenue Recovery Act, 1970 at present prescribes levy of

interest on arrears of revenue at 6 per cent per annum. With the amendment of the
State Financial Corporations Act, 1951, the loans advanced by the Financial,
Industrial Development Corporations can also be recovered as arrears of land
revenue under the Revenue Recovery Act of the State. In many cases, where the
repayment of loan has not been done, action has been taken to recover the same
under the Puducherry Revenue Recovery Act, 1970. The Puducherry Industrial
Promotion Development and Investment Corporation is getting funds from the
Industrial Development Bank of India at 9.5 per cent rate of interest. When the
arrears of loans are only charged with 6 per cent interest under the recovery
proceedings of the Puducherry Revenue Recovery Act, 1970, the Corporation is at a
loss.

With a view to avoid the loss that the Corporation may sustain on account of
the difference in the rate of interest paid by the Corporation with those chargeable
on the defaulting loanees of the Corporation under the revenue recovery
proceedings and also in view of the hike in Bank interest rates at present, it is
proposed to revise the rate of interest on the arrears of revenue under the
Puducherry Revenue Recovery Act from 6 per cent to 12 per cent. It is also expected
that the revision will also induce the loanees to effect prompt repayment in future.
It is therefore proposed to amend suitably the provisions of section 7 of the said Act
of the said purposes.

The Bill seeks to achieve the above object.

______
 403

THE PUDUCHERRY PLANT DISEASES AND PESTS ACT, 1970

(No. 16 of 1970)
________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement.

2. Definitions.
3. Power to declare affected area, plant diseases, plant pests, plant
parasites and noxious weeds.
4. Appointment of Inspecting Officers.
5. Power to issue directions.
6. Duties of occupier on the issue of notice under section 5.
7. Power of Inspecting Officer to enter in or upon any land, water or
premises.
8. Power to carry out measures.
9. Power to carry out measures in emergent situations.
10. Appeal.
11. Penalties.
12. Cognizance of offences.
13. Obligation of certain officers to report plant diseases, plant pests, etc.
14. Bar of suits and other legal proceedings.
15. Delegation of powers.
16. Power to make rules.

_________
 404

THE PUDUCHERRY PLANT DISEASES AND PESTS ACT, 1970

(Act No. 16 of 1970)
20 th June, 1970.
AN ACT
to provide for the prevention of the introduction into or spread or
reappearance in the Union territory of Puducherry, of plant diseases, plant pests,
plant parasites and noxious weeds, and for matters connected therewith.

BE it enacted by the Legislative Assembly of Puducherry in the Twentieth

Year of the Republic of India as follows:

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Plant Diseases and Pests Act,
1970.

(2) It extends to the whole of 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.

Definitions

2. In this Act, unless the context otherwise requires, --

(a) “affected area” means any area declared as such under section 3;

(b) “competent authority” means the officer appointed by the

Government to exercise the powers and perform the functions
of the competent authority under this Act;

(c) “Government” means the Administrator of the Union territory

of Puducherry appointed by the president under article 239 of
the Constitution;

(d) “Inspecting Officer” means an Inspecting Officer appointed

under section 4;

________________________________________________________________________
1. The Act came into force on the 1st day of October, 1971, vide Notification - I, S.O. No. 58 in Extraordinary
Gazette. No.103, dated 30th September 1971.
________________________________________________________________________
 405

(e)“noxious weed” means any weed declared as such under section 3;

(f) “Occupier” means person having for the time being the right of
occupation of any land, water or premises, or his authorised agent, or
any person in actual occupation of the land, water or premises;

(g) “Official Gazette” means La Gazette de L’Etat de Puducherry;

(h) “Plant” includes all horticultural or agricultural crops, trees, bushes or

herbs and also includes the seeds, fruits, leaves, trunks, roots, barks or
cutting or any other part, of a plant;

(i) “Plant disease” means any disease caused to a plant by fungoid, bacteria,
virus, parasite or any other organism declared as such
under section 3;

(j) “Plant parasite” means any plant or animal carrying on its existence,
wholly or in part, on agricultural crop, plant, tree, bush or herb and
declared as such under section 3;

(k)“Plant pest” means any insect or animal, whether vertebrate or tebrate,

declared as such under section 3 and includes any animal organism;

(1) “prescribed” means prescribed by rules made under this Act.

Power to declare affected area, plant diseases, plant pests, plant

parasites and noxious weeds

3. Where it appears to the Government that any disease, pest, parasite or

weed in any area is injurious to plants or is likely to contaminate water or is
obstructive to water-ways and that it is necessary to take measures to eradicate such
disease, pest, parasite or weed or to prevent its introduction into, or spread or
reappearance in, any area in the Union territory of Puducherry (hereinafter referred
to as the “Territory”), the Government may, by notification in the Official Gazette,
declare that area to be an affected area for such period as may be specified therein
and may, with reference to such area, also

(a) declare that such disease, pest, parasite or weed is a plant disease, plant
pest, plant parasite or noxious weed;
 406

(b) prohibit or restrict the movement or removal of any plant, soil or manure
from one plant to another;

(c) prohibit the plantation or growing of any plant which is, or is likely to be,
injurious to other plants; and

(d) direct that such other preventive or remedial measures, as the

competent authority may consider necessary, to eradicate, destroy or prevent the
introduction into, or spread or reappearance in, the territory of, any plant disease,
plant pest, plant parasite or noxious weed, shall be carried out.

Appointment of Inspecting Officer

4. The Government may, by notification in the Official Gazette, appoint such

persons as it thinks fit to be Inspecting Officers for the purposes of this Act and
specify the areas in respect of which each Inspecting Officer shall exercise
jurisdiction.

Power to issue directions

5. (1) On or after the issue of a notification under section 3, the competent

authority may, by notice ---

(a) direct every occupier within the affected area to carry out such
preventive or remedial measures (including the removal or destruction of plants
which are, or are likely to be, infested) as may be specified in the notice, to
eradicate, destroy or prevent the introduction into, or spread or reappearance in,
the territory of, any plant disease, plant pest, plant parasite or noxious weed;

(b) call upon any male person, not below the age of eighteen years and
residing within the said area, to render such assistance as may be specified in the
notice, in carrying out the measures referred to in clause (a):

Provided that ---

(i) no person shall be called upon to render whole-time service for a period
exceeding seven days at a time, and where he has rendered such service, there shall
be an interval of not less than ninety days, computed from the day when the
previous whole-time service ended before he is again called upon to render whole-
time service; and
 407

(ii) no person who is, by reason of old age, physical disability or any other
reasonable cause, incapable of rendering assistance, or who lives at a distance of
more than eight kilometers from the place where his presence is required for the
purpose of rendering assistance, shall be called upon to render such assistance; and

(c) specify the area within which and the period during which the measures
referred to in clause (a) are to be carried out.

(2) It shall not be necessary to serve notices on every occupier under clause
(a) of sub-section (1) or every other person whose assistance is required under
clause (b) of the said sub-section, and a proclamation in this behalf made, by beat of
drum or other customary mode of publication, in the concerned area, village or
locality shall be deemed sufficient notice to all persons residing in that area, village
or locality.

Duties of occupier on the issue of notice under section 5

6. On the issue of a notice under sub-section (1) of section 5, it shall be the

duty of ---

(a) every occupier within the affected area to carry out such preventive or
remedial measures as may be specified in the notice; and

(b) every male person residing within the affected area to render
assistance in the manner specified in the notice.

Power of Inspecting Officer to enter in or upon any land,

water or premises

7. An Inspecting Officer may, after giving reasonable notice to the occupier,

enter in or upon any land, water or premises situated in the affected area for the
purpose of ascertaining, --

(i) Whether there is any plant disease, plant pest, plant parasite or
noxious weed in or on such land, water or premises; and

(ii) Whether any preventive or remedial measures specified in the notice

issued under sub-section (1) of section 5 have been carried out.
 408

Power to carry out measures

8. (1) If, on inspection of any land, water or premises, an Inspecting Officer

finds, that there is any plant disease, plant pest, plant parasite or noxious weed in or
on such land, water or premises and that the preventive or remedial measures
specified in the notice issued under sub-section(1) of section 5 have not been carried
out, he may, subject to any general or special orders of the competent authority and
without prejudice to any action that may be taken against the defaulter under
section 11, carry out such preventive or remedial measures (including the removal
or destruction of plants which are, or are likely to be infested).

(2) The Inspecting Officer may, by order, direct an occupier to pay such
sum as may be specified in the order, towards the costs of any preventive or
remedial measures carried out under sub-section (1) and the occupier shall pay the
said sum on demand, and if he fails or omits to pay the said sum within such time
as may be specified by the Inspecting Officer, the said sum shall be recoverable
from him as if it were an arrear of land revenue.

(3) The order referred to in sub-section (2) shall be served on the occupier
in such manner as may be prescribed.

Power to carry out measures in emergent situations

9. (1) Notwithstanding anything contained in section 3 and sections 5 to 8, if

the Government is satisfied that plants in any affected area are in danger of being
damaged or destroyed by any plant disease, plant pest, plant parasite or noxious
weed prevalent or existing in that area and that it is necessary to take immediate
preventive or remedial measures, it may, by notification in the Official Gazette, ----

(a) declare that it shall be competent for any Inspecting Officer to carryout
such preventive or remedial measures in the affected area or any part thereof or to
take such other steps (including the removal or destruction of plants which are, or
are likely to be infested) as he may deem fit;

(b) direct that every occupier in respect of whose land, water or premises
such preventive or remedial measures or other steps have been taken shall be liable
to pay the cost thereof at such rate and within such time as the Inspecting Officer
may, by order from time to time determine, having regard to the following,
namely:--

(i) the reasonable charges, incurred for labour, material or use of

implements; and
 409

(ii) any other reasonable charges incurred for the purposes aforesaid.

(2) Subject to any general or special order of the Government, any Inspecting
Officer may upon the issue of a notification under sub-section (1) enter in or upon
any land, water or premises within the affected area and carry out such preventive
or remedial measures or take such other steps referred to in clause (a) of sub-section
(1) as he may deem fit.

(3) The Inspecting Officer shall assess the amount payable by an occupier in
respect of the preventive or remedial measures carried out or other steps taken
under sub-section (2) and he may, by an order in writing, direct the occupier to pay
the sum so assessed.

(4) If the occupier fails to pay the amount so assessed within the time fixed
under clause (b) of sub-section (1) or within such further time as may be granted by
the Inspecting Officer, the amount shall be recoverable from him as if it were an
arrear of land revenue.

(5) Any order referred to in such sub-section (1) or sub-section (3) shall be
served on the occupier in such manner as may be prescribed.

Appeal

10. (1) Any occupier aggrieved by an order made under sub-section (2) of
section 8 may within thirty days from the date of service on him of the order, prefer
an appeal to the competent authority, on the ground that the charges for labour,
material or use of implements, as included in the cost are unreasonably high.

(2) Any occupier aggrieved by an order made by the Inspecting Officer

under sub-section (1) or sub-section (3) of section 9 may, within thirty days from the
date of service on him of the order, prefer an appeal to the competent authority on
the ground-

(a) that the assessment or determination of the amount payable has not
been made in accordance with the rates fixed by the Inspecting Officer; or

(b) that the amount assessed includes charges other than the charges
mentioned in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 9; or
(c) that the charges for labour, material or use of implements, as included in
the cost, are unreasonably high.
 410

(3) On receipt of an appeal under sub-section (1) or sub-section (2), the

competent authority shall, after making such inquiry as it may deem fit and after
giving the occupier a reasonable opportunity of being heard, pass such order
thereon as it may deem fit.

(4) Every order passed under sub-section (3) shall be final.

Penalties
11. (1) If any person, ---

(a) acts in contravention of the prohibition or restriction contained in any

notification issued under section 3; or

(b) acts in contravention of the direction contained in a notice issued under

sub-section (1) of section 5, or fails to render assistance, having been called upon to
do so by notice issued under the said sub-section; or

(c) obstructs the entry of the Inspecting Officer under section 7 or sub-section
(2) of section 9; or

(d) obstructs the carrying out of the preventive or remedial measures under
sub-section (1) of section 8 or sub-section (2) of section 9,

he shall be punishable for the first offence with fine which may extend to fifty
rupees, and for the second or subsequent offence, with fine which may extend to
two hundred and fifty rupees.

(2) If a person is convicted under this section for the contravention of the
prohibition or restriction contained in any notification issued under section 3, the
plant or soil or manure in respect of which such contravention has been made may
be forfeited to the Government of Puducherry.

Cognizance of offence

12. No magistrate shall take cognizance of an offence under this act except
upon a complaint made by an Inspecting Officer.
 411

Obligation of certain officers to report plant diseases, plant pests, etc

13. All village officers and such other officers as may be specified in the rules
made under this Act, of the village or villages adjoining an affected area shall
forthwith report the existence within the village or villages of any plant disease,
plant pest, plant parasite or noxious weed of the nature specified in the notification
issued under section 3 in respect of the said area, to the competent authority, which
shall, after making such enquiry as it may deem fit, make a further report to the
Government.

Bar of suits and other legal proceedings

14. No suit, prosecution or other legal proceedings shall lie against the
Government, the competent authority or any other officer of the Government of
Puducherry in respect of anything done or intended to be done in good faith under
this Act, or for any damage caused by any action taken in good faith in carrying out
the provision of this Act.

Delegation of powers

15. The Government may, by notification in the Official Gazette, delegate to

any officer all or any of the powers conferred on it by this Act, except the power to
make rules under section 16, and any power so delegated shall be exercised by that
officer subject to such restrictions and conditions as may be specified in the
notification.

Power to make rules

16. (1) The Government may, after previous publication, by notification in

the Official Gazette, make rules for carrying out the purpose of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely,---

(a) the manner in which any notice or order issued or made under
this Act is to be served or the conditions under which such
notice or order shall be deemed to have been served;

(b) the form in which an appeal under sub-section (1) or sub-section

(2) of section 10 shall be filed;
 412

(c) the officers other than village officers who shall make a report
under section 13;

(d) such other matters as are required to be or may be, prescribed.

(3) Any rule made under this Act may provide that a contravention of any
such rules shall be punishable with fine which may extend to fifty rupees.

(4) Every rule made under this section shall be laid, as soon as may be after it
is made, 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 agrees in making any
modification in the rule or the Legislative Assembly agrees that the rule should not
be made, the 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.
_________

STATEMENT OF OBJECTS AND REASONS FOR ACT NO.16 OF 1970

At present there is no law for effectively preventing the spread or

reappearance of plant disease, plant pests, plant parasite and noxious weed in the
Union territory of Puducherry. To achieve this object and also to have an uniform
legislation throughout India, the Government of India have prepared a model Bill
and sent to the State Governments and Union territories to make suitable legislation
for controlling plant pests and diseases. Accordingly, the present Bill has been
framed on the lines of the model Bill and the said Bill seeks to achieve the above
objects.

_______
 413

NOTES ON CLAUSES

Clause 1 – This is a title clause and defines the jurisdiction of the Act. The
Government is empowered to fix the date of enforcement of the Act.

Clause 2 – This clause defines the various terms occurring in the Bill.

Clause 3 – This clause empowers the Government by notification in the Official

Gazette to declare any area to be an affected area for such period as
may be specified if the Government considers that any disease, pest,
parasite or weed in any area is injurious to plants or is likely to
contaminate water supply etc.

Clause 4 – This clause empowers the Government by notification in the Official

Gazette to appoint Inspecting Officers for such local areas as may be
specified in the notification.

Clause 5 – This clause empowers the competent authority to issue notice on or

after the issue of notification under clause 3 directing every occupier
within the affected area to carry out such preventive or remedial
measures (including the removal or destruction of plants which are
infested or likely to be infested) as the competent authority may
specify. Provision has been made to call upon any male person who is
physically fit not being below the age of eighteen years and residing
within the affected area to render assistance in carrying out the
remedial measures, such as eradication, destroy, or prevent the
introduction, spread, or reappearance of any plant disease, plant pest,
plant parasite or noxious weed.

Clause 6 – This clause deals with the duties of occupier on the issue of notice
under clause 5.

Clause 7 – This clause empowers the Inspecting Officer after giving reasonable
notice to the occupier to enter upon any land or premises situated in
the affected area for the purpose of ascertaining whether there is any
plant disease, plant pest, plant parasite or noxious weed and whether
any preventive or remedial measures specified under sub-clause (1) of
clause 5 have been carried out.
 414

Clause 8 – This clause empowers the Inspecting Officer to carry out prevention or remedial
measures and to recover the cost of the same from the occupier who has not
complied with the instructions.
Clause 9 – This clause deals with the powers of the Government to carry out preventive
and remedial measures in emergent situations. It empowers the Government
to recover from the occupier the expenditure incurred for such preventive or
remedial measures. If the occupier fails to pay the amount so assessed, the
amount shall be recoverable from him as an arrear of land revenue.

Clause 10 – This clause provides for appeal, to the competent authority, against the
orders of the Inspecting Officers within thirty days from the date of service
of the order. The order passed by the competent authority in appeal is final.

Clause 11 – This clause empowers the Government to take penal action against a person
who contravenes the provisions of the Act referred to in sub-clause (1) and
he is liable to fine not exceeding fifty rupees for the first offence and which
may extend to two hundred and fifty rupees for the second and subsequent
offences.

Clause 12 – This clause lays down that no magistrate shall take cognisance of an offence
under this Act except upon a complaint made by an Inspecting Officer.

Clause 13 – This clause makes it obligatory on the village officers and such other officers as
may be prescribed to report the existence of the plant diseases, plant pests
etc., to the competent authority who shall after making such enquiry, make a
further report to the Government.
Clause 14 – This clause bars suits prosecutions or other legal proceedings against the
Government or any of its officers in respect of anything done or intended to
be done in good faith under this Act.

Clause 15 – This clause empowers the Government by notification in the Official Gazette to
delegate to any officer or authority all or any of the powers (except the rule-
making powers) conferred on him under this Act to be exercised subject to
such restrictions and conditions as may be specified in the notification.

Clause 16 – This clause empowers the Government to make rules for carrying out the
purposes of this Act. Sub-clause (3) empowers the Government to provide
by rules that a contravention of any rule shall be punishable with fine which
may extend to fifty-rupees. The rules framed under this Act shall be laid
before the Legislative Assembly.

________
 415

THE REGISTRATION (PUDUCHERRY AMENDMENT) ACT, 1970

(Act No. 17 of 1970)

26 th June, 1970.
AN ACT

to amend the Registration Act, 1908 in its application to 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 Registration (Puducherry Amendment) Act,
1970.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such 1date as the Administrator of the Union
territory of Puducherry may, by notification in the Official Gazette, appoint.

Amendment of section 17 of Central Act 16 of 1908

[Link] sub-section (3) of section 17 of the Registration Act, 1908, in its

application to the Union territory of Puducherry (hereinafter referred to as “the
principal Act”), for the words and figures “the 1st day of January 1872’, Substitute
the words and figures “the 9 th day of January 1969”.

Amendment of section 50 of Central Act 16 of 1908

3. In section 50 of the principal Act, for the Explanation, the following

Explanation shall be substituted, namely: -

“Explanation : ‘Unregistered ‘ means not registered according to any law in

force before the 9th day of January 1969 or this Act”.

________________________________________________________________________
1 This Act came into force with effect from 1-11-1970, vide Ordinary gazette No.42, dated 20-10-1970.
 416

Amendment of section 52 of Central Act 16 of 1908

4. In section 52 of the principal Act,-

(a) in sub-section (1),-
(i) in clause (a), the word “and“ shall be added at the end;
(ii) in clause (b), the word “and” occurring at the end shall be
omitted; and
(iii) clause (c) shall be omitted;

(b) after sub-section (1), the following sub-sections shall be inserted,

namely: -

“(1-A) Subject to the provisions contained in section 62, where any

document, not being of the class specified in the rules made under sub-section (3), is
admitted to registration; it shall, without unnecessary delay, be copied in the
appropriate book according to the order of its admission.

(1-B) Subject to the provisions contained in section 62 and in the rules made
under sub-sections (3) and (4) and under section 89-A, where any document of the
class specified in the rules made under sub-section (3) is admitted to registration, a
true copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission.’;

(c) after sub-section (2), the following sub-sections shall be added, namely: -

“(3) The State Government may, from time to time, specify by rules the
classes of documents in respect of which true copies shall be filed in the appropriate
book under sub-section (1-B).

(4) The true copy referred to in sub-section (1-B), shall be neatly

handwritten, printed, typewritten, lithographed, or otherwise prepared in
accordance with such rules as may be made in this behalf and where such copy is
handwritten, it shall be prepared by a scribe who may be licensed for this purpose
by the State Government on payment of such fees as may be prescribed.

(5) The provisions of this Act shall, in their application to the classes of
documents specified in the rules made under sub-section (3), have effect, subject to
the modifications set out in the Schedule.”.
 417

Amendment of section 81 of Central Act 16 of 1908

5. In section 81 of the principal Act,---

(i) in the marginal heading, for the words “or registering” the words
“registering or filing” shall be substituted;

(ii) for the words “or the registering of any document”, the words
“registering, or filing a true copy, of any document” shall be substituted;

(iii) for the words “or registers such document”, the words “registers, or
files a copy of, such document” shall be substituted.

Amendment of section 82 of Central Act 16 of 1908

6. In clause (b) of section 82 of the principal Act, for the words and figures
“under section 19 or section 21”, the words “under this Act or the rules made
thereunder” shall be substituted.

Insertion of new section 89-A of Central Act 16 of 1908

7. After section 89 of the principal Act, the following section shall be inserted,
namely: --

Power to make rules for filing of copies of documents.

“89-A (1) The State Government may make rules for all purposes connected
with the filing of true copies of documents in the appropriate books under this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely: --

(a) specifying the classes of documents in respect of which true copies shall
be filed;
(b) the furnishing of true copies of documents by the person presenting the
document for registration;
(c) the manner in which true copies of documents shall be prepared;
(d) the manner of filing of such copies, and
(e) the licensing of scribes for preparing the true copies of
documents, and the fees to be paid for issue of licence to the scribes.
 418

(3) All rules made under this section shall be published in the Official
Gazette and, unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published.

(4) Every rule made under this section shall, as soon as possible after it is
made, be laid before the Legislative Assembly, Puducherry, while it is in session for
a total period of 14 days, which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session in which it is so laid or
the sessions aforesaid, the Legislative Assembly makes any modification in the rule
or decides that the rule should not be made, the 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.”

Insertion of Schedule in Central Act 16 of 1908

8. After section 91 of the principal Act, the following Schedule shall be

inserted, namely: --

THE SCHEDULE
[See section 52(5)]
MODIFICATION OF CERTAIN PROVISIONS OF THE ACT
1. In section 45,--
(a) in sub-section (1), for the words and figure “cause the contents thereof to
be copied into his Book No. 3”, substitute the words and figure “cause a true copy of
the contents thereof to be made and filed in his Book No.3”; and
(b) in sub-section (2), for the words “copy has been made”, substitute the
words, “true copy has been filed”.
2. In sub-section (2) of section 46,--
(a) for the words “unless the will has been already copied”, substitute the
words, “unless a true copy of the will has already been filed”; and
(b) for the words and figure “cause the will to be copied into his Book No. 3”,
substitute the words and figure “cause a true copy of the will to be made and filed in
his Book No. 3”.

3. In section 51, --
(a) for sub-section (2), substitute the following sub-section, namely: -
“(2) In Book No. 1 shall be filed,
(i) true copies of all documents; and
(ii) all memoranda,
registered under sections 17, 18 and 89 which relate to immovable property, and or
not wills”; and
 419

(b) in sub-section (3), for the words “entered all documents”, substitute the
words “filed true copies of all documents.”.
4. In section 54, for the words “copied or filed”, substitute the words “filed a
true copy of, or”.
5. In section 55,---
(a) in sub-section (2), for the words, “every document entered or
memorandum filed”, substitute the words “every document of which a true copy, or
memorandum is filed”;
(b) in sub-section (4), for the words and figure “every will and authority
entered in Book No.3”, substitute the words and figure “every will and authority of
which a true copy is filed in Book No. 3” and
(c) in sub-section (5), for the words “document entered”, substitute the words
“document of which a true copy is filed”.
6. In sub-section (1) of section 60, for the words “the document has been
copied”, substitute the words “the true copy of the document has been filed”.
7. In sub-section (1) of section 61, for the words “copied into the margin of
the register book” substitute the words “copied in the true copy of the document
filed under sub-section (1-B) of section 52”.
8. In section 62, for sub-section (1), substitute the following sub-section,
namely:
“(1) when a document is presented for registration under section 19, the
translation together with the true copy of the document shall be filed in the
appropriate book”.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 17 OF 1970

After introduction of the Registration Act, 1908 in the Union territory of

Puducherry, it has been observed in some cases that by virtue of the existing
provisions of section 28 of the said Act, a small extent of land is purchased in the
adjoining State by the landowners in this Union territory and two properties, one in
the adjoining State and another in the Union territory of Puducherry are conveyed
in the adjoining State itself. Thereby, the loss of revenue to this Government has
been estimated to be to the tune of about Rs.7.06 lakhs between the years 1990 and
1993.

The Bill seeks to achieve the above objects.

______
 420

THE REGISTRATION (PUDUCHERRY AMENDMENT) ACT, 1998.

(Act No. 5 of 1999)

An
Act (4-5-1999)

further to amend the Registration Act, 1908 in its application to the Union
territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Forty-ninth

Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Registration (Puducherry Amendment) Act,
1998.

(2) It extends to the whole of the Union Territory of Puducherry.

(3) It shall come into force on such +date as the Government may, by
notification in the Official Gazette, appoint.
Substitution of section 28.
2. In the Registration Act, 1908 (Central Act 19 of 1908) (hereinafter referred
to as the principal Act), for section 28, the following section shall be substituted,
namely:-

Place for registering documents relating to land

28. Save as in this Part otherwise provided,---

(a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-
section (1) and sub-section (2) of section 17 in so far as such document affects
immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be
presented for registration in the office of a Sub-Registrar within whose sub-district
the whole or some portion of the property to which such document relates is situate
in the Union territory of Puducherry; and

(b) any document registered outside the Union territory of Puducherry in

contravention of the provisions of clause (a) shall be deemed to be null and void.

________________________________________________________________________
+ Act No. 5 of 1999 came into force w.e.f 11.08.2000 vide Notification published in the EG pt. I No. 101 dated 24.08.2000.
 421

Amendment of Section 30 of Central Act 16 of 1908

7. In the principal Act, in section 30, sub-section (2) shall be omitted.

Omission of section 67 of Central Act 16 of 1908

4. In the principal Act, section 67, shall be omitted.

________

STATEMENT OF OBJECTS AND REASONS FOR ACT 17 OF 1998

After introduction of the Registration Act, 1908 in the Union territory of

Puducherry, it has been observed in some cases that by virtue of the existing
provisions of section 28 of the said Act, a small extent of land is purchases in the
adjoining State by the landowners in this Union territory and two properties, one in
the adjoining State and another in the Union territory of Puducherry are conveyed
in the adjoining State itself. Thereby, the loss of revenue to this Government has
been estimated to be to the tune of about Rs.7.06 lakhs between the years 1990 and
1993.

It is therefore proposed to amend section 28 of the Registration Act, 1908 as

applicable to this Union territory to prevent such registration and loss of revenue to
this Union territory in future and to treat any document relating to property situate
in the Union territory of Puducherry and registered outside this Union territory to
be null and void. It has also been proposed to make consequential amendments to
sections 30 and 67 of the said Act.

The Bill seeks to achieve the above objects.

________
 422

THE REGISTRATION (PUDUCHERRY AMENDMENT) ACT, 2002.

(Act No. 11 of 2002)

AN [16-7-2002]
ACT

further to amend the Registration Act, 1908 in its application to the Union
territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Fifty-third

Year of the Republic of India, as follows:-

Short title and commencement.

1. (1) This Act may be called the Registration (Puducherry Amendment) Act,
2002.
(2) It shall come into force on such date as the Government may, by
notification in the official gazette, appoint.

Insertion of new section 22-A

2. In the Registration Act, 1908 (Central Act 16 of 1908), after section 22, the
following section shall be inserted, namely:-

Documents registration of which is opposed to pubic policy

22A. (1) The state Government may, by notification in the official gazette,
declare that the registration of any document or class of documents is opposed to
public policy.

(2) Notwithstanding anything contained in this Act, the registering officer

shall refuse to register any document or class of documents to which a notification
issued under sub-section (1) is applicable.

________
 423

STATEMENT OF OBJECTS AND REASONS FOR ACT 17 OF 2002

Under, the provisions of the Registration Act, 1908 as in force in the Union
territory of Puducherry, the Registering Officers are not empowered to verify the
title of the executant. This has given rise to a number of instances where several
documents involving alienation of landed properties have been registered in
contravention of the provisions of socio-economic legislations like the Puducherry
Cultivating Tenants Protection Act, 1970; the Puducherry Occupants of
Kudiyiruppu (Conferment of Ownership) Act, 1973; the Puducherry Land Reforms
(Fixation of Ceiling on Land), 1973; Land Grant Rules, 1975 etc. On a study of the
position obtaining in other States on the subject matter, it has been found that
insertion of an additional provision viz., section 22-A in the Registration Act
enabling the Registering Officers to refuse to register documents notified as
opposed to public policy would go a long way in curtailing the malpractices.
Documents purporting to alienate lands covered by socio-economic legislations can
be notified as documents opposed to public policy. This power vested in the
Registering Officers has enabled the prevention of the incidence of malpractices
mentioned above, to a great extent. It is, therefore, proposed to bring an
amendment in the Registration Act, 1908 in its application to the Union territory of
Puducherry on the above lines.

The Bill seeks to achieve the above objects.

_______
 424

THE REGISTRATION (PUDUCHERRY AMENDMENT) ACT, 2004

(Act No. 9 of 2004)
(15-12-2004)
AN
ACT
further to amend the Registration Act, 1908 in its application to the Union
Territory of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Fifty-fifth

Year of the Republic of India as follows:-

Short title, extent and commencement.

1. (1) This Act may be called the Registration (Puducherry Amendment) Act,
2004.

(2) It extends to the whole of the Union Territory of Puducherry.

(3) It shall come into force at once.

Amendment of section 2.

2. In the Registration Act, 1908(Central Act 16 of 1908), in its application to

the Union Territory of Puducherry (hereinafter referred to as the principal Act), in
sub-section (2) of section 2, after the words “includes a portion of book”, the words
“and the information in storage devices like floppy disk, hard disk or compact disk”
shall be added.

Amendment of Section 16.

3. In section 16 of the principal Act, after sub-section (2), the following sub-
section shall be inserted, namely:-

(2.A) The State Government shall provide for the office of every registering
officer the books and also the information processing and storage devices like
computer and scanners alongwith the software prescribed by the Inspector-General
of Registration, from time to time necessary for purpose of this Act”.
 425

Amendment of section 51 of Central Act 16 of 1908

4. In section 51 of the principal Act, in sub-section (1), for the words “The
following books”, the words “The following books and the information storage
devices as specified in sub-section (1) of the section 16” shall be substituted.

Amendment of section 61 of Central Act 16 of 1908

5. In section 61 of the principal Act, after sub-section (1), the following

proviso shall be added, namely:

provided that the copying of the items referred to above may be done
using electronic devices like scanner.

Insertion of Part-XI-A of Central Act 16 of 1908

6. After Part-XI of the principal Act, the following Part-XI-A shall be inserted,
namely:-

“PART — XI-A

Registration of documents by means of electronic devices

70.A. Application of this part. — This part shall apply to the areas in respect
of which a notification is issued by the Government of Puducherry under section
70-B.

70-B. Documents scanned by electronic devices in areas notified by the

Government. - (1) The State Government may, by notification, in the official
gazette, direct that in any office as may be specified therein, the process of
registration of any category or categories of documents may be completed and
copying done with the help of the electronic devices like computers, scanners and
the compact disks and copies preserved on such devices and retrieved when
required.

(2) Notwithstanding anything contained in this Act or any other law for the
time being in force, a copy of any document registered and scanned using the
electronic devices and certified or attested by the registering officer in charge of the
office shall also be received in evidence of any transaction as is described in the said
document.
 426

70-C. Saving. - Nothing in this part shall apply,--

(i) to any document which in the opinion of registering officer is not in a

condition fit to be processed by means of electronic devices;

(ii) in the case of unforeseen eventuality like breakdown of the

computerised system of registration:

Provided that the registering officer shall record the reasons in writing
therefor:
Provided further that the registering officer shall ensure that the data and
images of the document registered during the period of non- application of this part
due to a breakdown of the computerised system, are duly incorporated into the
computer system, after the same is restored, in the manner prescribed by the
Inspector-General of Registration.

Amendment of section 89.

7. In section 89 of the Principal Act, after the words “shall file the copy in his
Book No. 1”, wherever they occur, the words “or get scanned “ shall be added.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 17 OF 2004

The Government of Puducherry has proposed to computerize the activities

relating to registration of documents and issuance of copies thereof under
Registration Act, in order to reduce delay and introduce transparency.

It is therefore necessary to amend the provisions of the sections 2, 16, 51, 61

and 89 suitably and insert a new Part-XI-A containing sections 70-A, 70- B and 70-C
in the Registration Act, 1908 in its applications to the Union Territory of Puducherry
so as to enable computerization of the process of registration of documents in
addition to the existing manual system as provided in the said Act. It will obviate
the problems faced in the manual system and will speed up the work of registration
offices besides making it transparent.

The Bill seeks to achieve the above objects.

______
 427

THE REGISTRATION (PUDUCHERRY AMENDMENT) REGULATION, 1977

No. 2 of 1977 07-02-1977

Promulgated by the President in the Twenty-eighth Year of the Republic of India.

A Regulation further to amend the Registration Act, 1908, as in force in the
Union territory of Puducherry.
In exercise of the powers conferred by the second proviso to clause (1) of
article 240 of the Constitution, the President is pleased to promulgate the following
Regulation made by him:-
1. (1) This Regulation may be called the Registration (Puducherry
Amendment) Regulation, 1977.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such +date as the Administrator may, by
notification in the Puducherry Gazette, appoint.

Insertion of clause (bb) of sub-section (1) of section 69

of Central Act 16 of 1908
13. In the Registration Act, 1908, as in force in the Union territory of
Puducherry (hereinafter referred to as the Principal Act), in section 69, in subsection
(1), after clause (b) the following clause shall be inserted, namely:-
“(bb) Providing for the grant and renewal of licences of document writers,
the revocation of such licences, the terms and conditions subject to which and the
authority by which such licences shall be granted or renewed or revoked, the
penalties for breaches of the terms and conditions of such licence, the authority by
which such breaches shall be investigated, the scale of fees to be charged by
document writers, the exemption of any class of document writers from the
licensing provisions, the conditions subject to which such exemption may be
granted, and generally for all purposes connected with the writing of documents to
be presented for registration;”.

Insertion of sub-section (2) of section 78 of Central Act 16 of 1908

15. In the Principal Act, section 78 shall be renumbered as sub-section (1)
thereof and, after subsection (1) as so renumbered, the following sub-section shall
be inserted, namely:-
“(2) The State Government, if it is of opinion that there are reasonable
grounds for doing so, may, by order published in the Official Gazette, remit in the
whole or any part of the Union territory of Puducherry, any fee or fees payable in
respect of any matter or matters enumerated in clauses (a) to (i) of sub-section (1),
either generally or for any particular class or classes of cases and in respect of
persons generally or of any particular class or classes of persons.”
________________________________________________________________________
+This Regulation has come into force w.e.f 12.04.1977 vide Notification published in EG No. 119 dt. 21.04.1977.
 428

THE INDIAN STAMP (PUDUCHERRY AMENDMENT) ACT, 1970

(Act No. 21 of 1970)
AN ACT
9th July,1970.
to amend the Indian Stamp Act, 1899, in its application to 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 and extent
1. (1) This Act may be called the Indian Stamp (Puducherry Amendment) Act, 1970.
(2) It extends to the whole of the Union territory of Puducherry.
Substitution of new section for section 24
2. For section 24 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) (hereinafter
referred to as the principal Act), the following section shall be substituted, namely: --
How transfer of property subject to mortgage to be charged
“24. Where property subject to a mortgage is transferred to the mortgagee, he shall
be entitled to deduct from the duty payable on the transfer the amount of any duty already
paid in respect of the mortgage.
ILLUSTRATION
A mortgages a house to B for Rs.5,000. A afterwards sells the house to B. The market
value of the house at the time of sale is Rs.10,000, Stamp duty is payable on Rs.10,000 less
the amount of stamp duty already paid for the mortgage.”
Amendment of section 25
3. In section 25 of the principal Act, --
(a) in the opening paragraph, for the words “or where the consideration for a
conveyance is an annuity or other sum payable periodically the amount secured by such
instrument or the consideration for such conveyance, as the case may be” the words “the
amount secured by such instrument” shall be substituted;
(b) in clause (b), the words “or conveyance” in the two places where they occur shall
be omitted;
(c) in clause (c), the words “or conveyance” shall be omitted.
Amendment of section 27
4. In section 27 of the principal Act, after the words and brackets “The consideration
(if any) “the words” and the market value” shall be inserted.
Substitution of new section for section 28
5. For section 28 of the principal Act, the following section shall be substituted,
namely: -
Direction as to duty in case of certain conveyances
“28. Where a sub-purchaser takes an actual conveyance of the interest of the person
immediately selling to him, which is chargeable with ad valorem duty in respect of the
market value of the property which is the subject matter of conveyance and is duly
stamped accordingly, any conveyance to be afterwards made to him of the same property
by the original seller shall be chargeable with a duty equal to that which would be
chargeable on a conveyance for the market value of the property which is the subject matter
of conveyance, or, where such duty would exceed five rupees, with a duty of five rupees.”.
 429

Amendment of section 33
6. In section 33 of the principal Act,---
(i) sub-section (1) shall be lettered as clause (a) of that sub-section and after clause
(a) as so lettered, the following clause shall be inserted, namely: -
“(b) Notwithstanding anything contained in section 31, but without prejudice to the
provisions of clause (a), the Collector before whom any instrument is brought under section
31 for determining the duty with which the
instrument is chargeable, shall, if it appears to him that such instrument is not duly
stamped, impound the same:
Provided that nothing contained in this clause shall be deemed to authorise the
Collector to impound any instrument which has not been executed but is brought to him
under section 31 for determining the duty with which the instrument is chargeable or any
instrument which he is authorised to endorse under section 32”;
(ii) in sub-section (2) ---
(a) for the words “every such person”, the words, “every such person and the
Collector” shall be substituted;
(b) for the words “coming before him”, the words, “coming or brought before him”
shall be substituted.
Amendment of section 45
7. In sub-section (2) of section 45 of the principal Act, for the words “within three
months of the order charging the same”, the words “within six months from the date of
payment” shall be substituted..
Insertion of new section 47-A
8. After section 47 of the principal Act, the following section shall be inserted,
namely: -
Instruments of conveyance, etc., under-valued how to be dealt with
“47-A. (1) If the registering officer appointed under the Indian Registration Act,
1908 (Central Act 16 of 1908), while registering any instrument of conveyance, exchange or
gift has reason to believe that the market value of the property which is the subject matter
of conveyance, exchange or gift has not been truly set forth in the instrument, he may, after
registering such instrument refer the same to the Collector for determination of the market
value of such property and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall, after
giving the parties a reasonable opportunity of being heard and after holding an enquiry in
such manner as may be prescribed by rules made under this Act, determine the market
value of the property which is the subject matter of conveyance, exchange or gift and the
duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the
person liable to pay the duty.
(3) The Collector may, suo motu, within two years from the date of
registration of any instrument of conveyance, exchange or gift not already referred to him
under sub-section (1), call for and examine the instrument for the purpose of satisfying
himself as to the correctness of the market value of the property which is the subject-matter
of conveyance, exchange or gift and the duty payable thereon and if, after such
examination, he has reason to believe that the market value of such property has not been
truly set forth in the instrument he may determine the market value of such property and
the duty as aforesaid in accordance with the procedure provided for in
 430

sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person
liable to pay the duty:
Provided that nothing in this sub-section shall apply to any instrument registered
before the date of the commencement of the Indian Stamp (Puducherry Amendment) Act,
1970.
(4) (a) Any person aggrieved by an order of the Collector under subsection (2) or
sub-section (3) may appeal to the appellate authority specified in sub-section (5).
(b) All such appeals shall be preferred within such time, and shall be heard and
disposed of in such manner, as may be prescribed by rules made under this Act.
(5) The appellate authority shall be the Subordinate Judge, or if there are more than
one Subordinate Judge, the Principal Subordinate Judge having jurisdiction over the area in
which the property concerned is situated.
Explanation: For the purposes of this Act, market value of any property shall be
estimated to be the price which in the opinion of the Collector or the appellate authority, as
the case may be, such property would have fetched or fetch, if sold in the open market on
the date of execution of instrument of conveyance, exchange or gift”.

Substitution of new section for section 78

9. For section 78 of the principal Act (Central Act 2 of 1899), the following section
shall be substituted, namely: -

Duty or allowance to be rounded off to the next higher

multiple of five paise.
“78. If the total amount of duty payable, or of allowance to be made, under this Act
is not a multiple of five paise, the total amount shall be rounded off to the next higher
multiple of five paise,”.

Amendment of Schedule I

10. In Schedule I to the principal Act (Central Act 2 of 1899),---

(a) in entry 18, in clause (c), in the entries in the second column, for the word
“consideration”, the words “market value” shall be substituted;
(b) in entry 23, for the words, letters and figures “where the amount or value of the
consideration for such conveyance as set forth therein does not exceeds Rs. 50”, the words,
letters and figures “where the market value of the property which is the subject-matter of
conveyance does not exceed Rs. 50” shall be substituted;
(c) in entry 31, for the entries in the second column, the following shall be
substituted namely:-
“The same day as a Conveyance (No. 23) for a market value equal to the market
value of the property of greater value which is the subject-matter of exchange.”;
(d) in entry 32, in clause (a) and sub-clause (i) of clause (b), in the entries in the
second column, for the word “consideration”, the words “market value” shall be
substituted;
(e) in entry 33, for the entries in the second column, the following shall be
substituted, namely:-
“The same duty as a Conveyance (No. 23) for a market value equal to the market
value of the property which is the subject matter of gift.”;
 431

(f) in entry 35, in the entries in the second column, for the word “consideration”
wherever it occurs, the words “market value” shall be substituted;
(g) in entry 40 in clause (a), in the entries in the second column, for the word
“consideration”, the words “market value” shall be substituted;
(h) in entry 45, in the entries in the second column, for clause (b) of the proviso, the
following clause shall be substituted, namely:-
“(b) where the land is held on Revenue Settlement and paying the full
assessment, the value for the purpose of duty shall be calculated at twenty-five times the
annual revenue.”;
(i) in entry 48, in clause (e), for the entries in the second column, the following shall
be substituted, namely:-
“The same duty as a Conveyance (No. 23) for a market value equal to the amount
of the consideration.” ;
(j) in entry 54, in clause (a), for the entries in the second column, the following shall
be substituted, namely:-
“The same day as a Conveyance (No. 23) for a market value equal to the amount of
such consideration as set forth in the reconveyance.”;
(k) in entry 59, in the entries in the second column for the word “consideration”, the
words “market value” shall be substituted.
(l) in entry 63, in the entries in the second column for the word, “consideration” in
the first place it occurs, the words “market value” shall be substituted.
_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 21 OF 1970

Under Article 23 of Schedule I of the Indian Stamp Act, 1899 (Central Act 2 of 1899), the
stamp duty on documents relating to conveyance of properties is chargeable only on the
value of consideration. It is difficult to adduce evidence as to the receipt of higher
consideration. So, naturally, the parties note only lesser consideration in the documents and
evade stamp duty. This criterion is proposed to be changed so as to enable the assessment
of stamp duty based on the market value of the property.
A definite procedure has to be laid down in dealing with cases of under valuation. So, a
new Section 47-A is introduced. Sections 24, 25, 27, 28 and some of the articles under
Schedule I are proposed to be amended only as a sequel to the revised procedure.
At present, the Collector has no power to impound a document produced before him
for adjudication under section 31 of the Act. The amendment made in clause 6 of the Bill
confers this power on the Collector.
Section 45 of the Act is proposed to be amended to allow more time for application to
refund the excess duty levied. This is of no consequence except that it gives more time to
the party.
Section 78 prescribes the rounding of the duty payable to the nearest ten paise. But the
amendment proposed in clause 9 of the Bill permits the rounding of to the next higher
multiple of five paise.
The general consequence of the amendments is to prevent under valuation of
documents resulting in loss of revenue to Government.
The present Bill seeks to achieve the above objects.
______
 432

THE INDIAN STAMP (PUDUCHERRY AMENDMENT) ACT, 1993

(Act No. 8 of 1993)
[28-7-1993]
AN
ACT

to amend the Indian Stamp Act, 1899, in its application to the Union territory of
Puducherry
BE it enacted by the Legislative Assembly of Puducherry in the Forty-fourth
Year of the Republic of India, as follows:-

Short title, extent and commencement.

1. (1) This Act may be called the Indian Stamp (Puducherry Amendment) Act,
1993.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on and from the date of its publication in the
official gazette.

Amendment of schedule I.
2. In Schedule I to the Indian Stamp Act, 1899 (Central Act 2 of 1899), -
for entry 46, the following shall be Substituted namely:-

“46. Partnership.-
A. Instrument of. –
(a) where the capital of
the partnership does
not exceed Rs.1,000 Fifteen Rupees

(b) in any other case Sixty Rupees

B. Dissolution. ---
(a) where the property, The same duty
which belonged to as a conveyance
one partner or (No.23) for a
partners when the market value
partnership commenced equal to the market
is distributed or allotted or value of the property
given to another partner distributed or allotted
or partners, whether or given to the partner
or not the property is or partners under the
brought into the stock of instrument of
the firm. dissolution in addition
to the duty which
would have been
 433

payable on such
dissolution if such
property had not been
distributed or allotted
or given.
(b) in any other case Thirty Rupees].

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1993

It has been observed that with a view to avoid the higher stamp duty payable on
conveyance, parties are resorting to the practice of entering into partnerships and,
thereafter, dissolving them and transferring properties to one another through such
dissolution.

2. With a view to avoid leakage of revenue it is found necessary to enhance the

stamp duty for the dissolution of partnerships where such dissolution involves the
transfer of property belonging to one partner or partners to the other partner or
partners.
3. It is therefore proposed to amend Entry No.46 of Schedule I to the Indian
Stamp Act, 1899 (Central Act No.2 of 1899) so as to provide for charging as
conveyance the instrument of dissolution of partnership involving transfer of
property from one partner or partners to other partner or partners.

4. The Bill seeks to achieve the above object.

_________
 434

THE INDIAN STAMP (PUDUCHERRY AMENDMENT) ACT

2000
(Act No. 7 of 2001)
[5-10-2001]
AN
ACT
further to amend the Indian Stamp Act, 1899 in its application to the Union
territory of Puducherry.
BE it enacted by the Legislative Assembly of Puducherry in the Fifty-first Year of
the Republic of India as follows:-

Short title, extent and commencement.

1. (1) This Act may be called the Indian Stamp (Puducherry Amendment) Act,
2000.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on and from the date of its publication in the
official gazette.
Amendment of Schedule – I.
2. In Schedule-I to the Indian Stamp Act, 1899 (Central Act 2 of 1899), -

(a) in entry 5, in clause (c), for the words “Rs. two and paise twenty-five”, the
words “Rs. ten” shall be substituted;
(b) in entry 17, for the words “Twenty –two rupees and fifty paise”, the
words “Fifty rupees” shall be substituted;
(c) for entry 23 and the entries relating thereto, the following shall be
substituted, namely:-

23. CONVEYANCE, as defined by section 2 (10), not being a Transfer

charged or exempted under No.62-
where the market value of the
property which is the subject matter Two rupees
of conveyance does not exceed Rs.50; .. and fifty paise.

where it exceeds Rs.50 but

does not exceed Rs.100; .. Five rupees.

where it exceeds Rs.100

but does not exceed Rs.200; .. Ten rupees.

where it exceeds Rs.200

but does not exceed Rs.300; .. Fifteen rupees.
 435

where it exceeds Rs.300

but does not exceed Rs.400; .. Twenty rupees.

where it exceeds Rs.400

but does not exceed Rs.500; .. Twenty-five rupees.

where it exceeds Rs.500

but does not exceed Rs.600; .. Thirty rupees.

where it exceeds Rs.600

but does not exceed Rs.700; .. Thirty-five rupees.

where it exceeds Rs.700

but does not exceed Rs.800; .. Forty rupees.

where it exceeds Rs.800

but does not exceed Rs.900; .. Forty-five rupees.

where it exceeds Rs.900

but does not exceed Rs.1,000; .. Fifty rupees.
and for every Rs.500 or
part thereof in excess of Rs.1,000. .. Twenty-five
rupees

Exemption:
Assignment of copyright
under the Copyright Act,
1957 (Central Act 14 of 1957), section 18.

(d) in entry 40,-

(i) in clause (a), for the words, brackets and figures ‘The same duty as a
conveyance (No.23) for a market value equal to the amount secured by such deed”,
the figures and words “0.5% with monetary ceiling of Rs.50,000” shall be
substituted; and

(ii) in clause (b), for the words, brackets and figures “The same duty as a
Bottomry Bond (No.16) for the amount secured by such deed”, the figures and
words “2% with monetary ceiling of Rs.2 lakhs” shall, be substituted; and
 436

(e) for entry 45 and the entries relating thereto, the following shall be
substituted, namely:-

“45. PARTITION --- Instrument .. 1% subject to

of [as defined by a ceiling of
section 2 (15)]. Rs.5,000”

(f) in entry 48,-

(i) in clause (c), for the letters and figures “Rs.16.90”, the letters and
figures “Rs.20.00” shall be substituted; and

(ii) in clause (d), for the letters and figures “Rs.33.75”, the letter and
figures “Rs.l00.00” shall be substituted;

(g) for entry 58 and the entries relating thereto, the following shall be
substituted, namely:-

"58. SETTLEMENT –

A. INSTRUMENT OF .. The same duty as an instrument

(including a deed of dower) of partition (No.45) for a sum
equal to the amount or market
value of the property settled as
set forth in such settlement:
Provided that, where an
agreement to settle is stamped
with the stamp required for an
instrument of settlement, and
an instrument of settlement in
pursuance of such agreement is
subsequently executed, the duty
on such instrument shall not
exceed Rs.3.00.

Exemptions:

(a) Deed of dower executed on the occasion of a marriage

between Muhammadans.
 437

B. REVOCATION OF .. The same duty as an instrument of

partition (No.45) for a sum equal to
the amount or market value of the
property concerned as set forth in the
Instrument of Revocation but not
exceeding one hundred rupees.

________

STATEMENT OF OBJECTS AND REASONS FOR ACT 7 OF 2001

The Indian Stamp Act, 1899 (Central Act 2 of 1899) was extended to the Union
territory of Puducherry with effect from 9-1-1969 and after such extension lesser
rates of stamp duty were prevailing in this Union territory. In view of this there is a
loss of revenue felt on the exchequer. In order to avoid this and in view of the
exigency of the budgetary needs, Schedule-I to the Indian Stamp Act, 1899 is
proposed to be amended so as to enhance the stamp duty chargeable on the
instruments viz. Agreement, Conveyance, Cancellation, Gift, General Power of
Attorney, and Settlement. With a view to bring the rates of stamp duty in
conformity with the recommendations of the Committee of Finance Ministers, it is
also proposed to revise the rates of stamp duty chargeable on the instruments,
namely, Partition and Mortgage.

The Bill seeks to achieve the above objects.

_________
 438

THE INDIAN STAMP (PUDUCHERRY AMENDMENT)

REGULATION, 1976 1

[No. 6 of 1976] 06-04-1976

[Promulgated by the President in the Twenty-seventh Year of the

Republic of India]

A Regulation further to amend the Indian Stamp Act, 1899 in its application to the Union
territory of Puducherry

In exercise of the powers conferred by the second proviso to clause (1) of Article
240 of the Constitution, the President is pleased to promulgate the following
Regulation made by him:-

Short title, extent and commencement.

(1) This Regulation may be called the Indian Stamp (Puducherry

Amendment) Regulation, 1976.

(2) It extends to the whole of the Union territory of Puducherry.

2. Amendment of Section 10.

In Section 10 of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to

as the Principal Act), after sub-section (2), the following sub-section shall be
inserted, namely:-

1. Promulgated by the President on April 6, 1976, published in Gazette of India, Extra., Part II, S. I,
dated 6th April, 1976, pp. 479-80.
 439

“(3) (a) Notwithstanding anything contained in sub-section (1), where

the State Government is satisfied that on account of temporary shortage of stamps
in any region in the Union territory of Puducherry duty cannot be paid, and
payment of duty cannot be indicated on instruments, by means of stamps, it may,
by notification in the Official Gazette, direct that, in such region and for such period
as may be specified in such notification, the duty may be paid in cash in any branch
of the State Bank of India or in a Government treasury or sub-treasury and the
Collector shall, on production of challan evidencing payment of stamp duty in the
State Bank of India, Government treasury or sub-treasury, certify by endorsement
on the instrument, in respect of which the stamp duty is paid, that the duty has
been paid and state in the said endorsement the amount of the duty so paid.

(b) An endorsement made on any instrument under clause (a) shall have the
same effect as if the duty of an amount equal to the amount stated in the
endorsement had been paid in respect of, and such payment had been indicated on
such instrument by means of stamps, under sub-section (1).”

3. Insertion of new Section 64 A.- After Section 64 of the Principal Act, the
following section shall be inserted, namely:-

“64A. Recovery of amount of deficit stamp duty - (1) Where any person liable to
pay duty under this Act is convicted of an offence under Section 64, in respect of
any instrument (not being an instrument specified in entry 91 of List I in the
Seventh Schedule to the Constitution), the Magistrate shall, in addition to the
punishment which may be imposed for such offence, recover summarily and pay
over to the Collector the amount of duty, if any, due under this Act from such
person in respect of that instrument and the Collector shall thereupon certify by
endorsement on that instrument that proper duty has been levied in respect thereof:

Provided that if the person referred to in this sub-section has already paid
any amount towards the duty payable under this Act in respect of the instrument in
relation to which such person was convicted, the Magistrate shall recover only the
difference in the amount of duty.

(2) The amount recoverable under sub-section (1) shall be recovered by the
Magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1973
(2 of 1974).”

_______
 440

THE INDIAN STAMP (PUDUCHERRY SECOND AMENDMENT)

REGULATION, 19761.

No. 12 of 1976 11.08.1976

Promulgated by the President in the Twenty-seventh Year

of the Republic of India.

A Regulation further to amend the Indian Stamp Act, 1899, as in force in the
Union territory of Puducherry.
In exercise of the powers conferred by the second proviso to clause (1) of
article 240 of the Constitution, the President is pleased to promulgate the following
Regulation made by him:-

Short title, extent and commencement.

1. (1) This Regulation may be called the Indian Stamp (Puducherry Second
Amendment) Regulation, 1976.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such date as the Administration of the Union
territory of Puducherry may, by notification in the Official Gazette, appoint.
Amendment of section 47 A.
2. In section 47 A of the Indian Stamp Act, 1899 (2 of 1899.) as in force in the
Union territory of Puducherry (hereinafter referred to as the principal Act), for the
words “conveyance, exchange or gift wherever they occur, the words “conveyance,
exchange, gift, partition or settlement “shall be substituted.

Amendment of Schedule I.
[Link] Schedule I to the principal Act, -
(a) in Article 45, in the entries in the second column, for the words
“amount of the value of the separated share or shares of the property” the words
“amount of the market value of the separated share or shares of the property” shall
be substituted;
(b) in Article 58, in the entries in the second column, for the words “value
of the property settled as set forth in such settlement”, the words “market value of
the property settled in such settlement” shall be substituted.

1. Promulgated by the President on August 11, 1976, published in Gazette of India, Extra., pt. II section 1,
dated 11th August, 1976, p 1013-14.

______
 441

THE PUDUCHERRY PATENTE (ABOLITION) ACT, 1970

(No. 23 of 1970)
________________________________________________________________________

ARRANGEMENT OF SECTIONS
SECTION

1. Short title, extent and commencement.

2. Definition.
3. Repeal and savings.
4. Protection of action taken in good faith.
_______

THE PUDUCHERRY PATENTE (ABOLITION) ACT, 1970

(Act No. 23 of 1970)
23 rd July, 1970.
AN ACT

to provide for the abolition of the “patente” in the Union territory of

Puducherry and for matters connected therewith.

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 Patente (Abolition) Act, 1970.

(2) It extends to the whole of 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.

Definition

2. In this Act, “Government” means the Administrator appointed by the

President under article 239 of the Constitution.

________________________________________________________________________
1. This Act came into force on 15th day of August, 1970, vide Notification No. B-840/68-Rev., dated 13-8-1970.
 442

Repeal and savings

3. (1) On the commencement of this Act, the Deliberations dated 15th
December, 1938 enforced by the Arrete dated 17th December, 1938 shall stand
repealed.
(2) Notwithstanding anything contained in sub-section (1), every proceeding
or transaction pending under the provisions of the Deliberations and the Arrete
referred to in sub-section (1) immediately before the commencement of this Act
shall, after such commencement, stand transferred to the Deputy Collector
(Revenue), Puducherry, or the Administrator of the respective regions, as the case
may be, and such proceeding or transaction shall be disposed of in accordance with
the provisions of the said Deliberations and Arrete as if the said Deliberations and
Arrete had continued in force and this Act had not been passed.
(3) The provisions of sub-section (2) shall be without prejudice to the general
application of section 6 of the General Clauses Act, 1897 (Central Act 10 of 1897) as
applicable under section 2 of the Puducherry General Clauses Act, 1965 (13 of 1965)
to the interpretation of Acts of the Legislature of the Union territory of Puducherry
and the said section 6 shall apply to the repeal of the Deliberations and the Arrete
referred to in sub-section (1) as if the said Deliberations and Arrete were
enactments.
Protection of action taken in good faith
4. No suit or other legal proceedings shall lie against the Government or any
person authorised by the Government for anything which is in good faith done or
intended to be done in pursuance of this Act.
________
STATEMENT OF OBJECTS AND REASONS FOR ACT 23 OF 1970
Patente is a tax on professions levied and collected in the Union territory of
Puducherry under the French Deliberations dated 15t December, 1938 enforced by
the Arrete dated 17t December, 1938. This tax is levied on every individual who
carries on business, runs an industry or engages himself in a profession and the
basis of the collection varies according to the nature of the profession. The business
community of Puducherry have been paying this tax in addition to the Turnover
Tax. When the Sales Tax Act, 1967 came into force, the Turnover tax was
withdrawn. But the Patente has been continued as no provision was made in the
Sales Tax Act to repeal the Deliberations relating to Patente.
There have been a number of representations both inside and outside the
Legislature for abolition of the Patente. It has therefore been decided to abolish the
Patente. The above Bill seeks to achieve the above object.

________
 443

THE KARAIKAL AGRICULTURAL LABOURER FAIR WAGES ACT, 1970

(No. 25 of 1970)
________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement and duration.

2. Definitions.

3. Appointment of Conciliation Officers.

4. Constitution of Revenue Courts.

5. Fair wages payable to agricultural labourers.

6. Enforcement of payment of fair wages.

7. Wages for harvest.

8. Appeal.

9. Revision by the District Court.

10. Decision in appeal or revision to be given effect to.

11. Bar of jurisdiction of civil courts.

12. Power to take evidence on oath.

13. Act to override contract and other laws.

14. Power to make rules.

_________
 444

THE KARAIKAL AGRICULTURAL LABOURER FAIR WAGES ACT, 1970

1 st August, 1970
(Act No. 25 of 1970)
AN ACT

to provide for payment of fair rates of wages for agricultural labourers in the
Karaikal region of the Union territory of Puducherry and for matters incidental
thereto.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first

Year of the Republic of India as follows:

Short title, extent, commencement and duration

1. (1) This Act may be called the Karaikal Agricultural Labourer Fair Wages
Act, 1970.

(2) It shall extend to the region known as Karaikal 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.

(4) It shall remain in force for a period of 2six years from the date of the
commencement of this Act and upon the expiry of this Act, the provisions of section
6 of the General Clauses Act, 1897 (Central Act 10 of 1897), as applicable under
section 2 of the Puducherry General Clauses Act, 1965 (13 of 1965), shall apply as if
this Act had then been repealed by a Puducherry Act.

Definitions

2. In this Act, unless the context otherwise requires.---

(1) “agricultural labourer” means a person who, in consideration of wages

payable to him by a landowner performs manual labour on the agricultural land of
such landowner, but does not include ---

________________________________________________________________________
1. The Act came hto force on the 10th day of September 1970, vide Notification No. B9494/69-I
dated 5th September 1970.
2. Substituted by Act 6 of 1974, section 2, w.e.f. 10-9-1973.
 445

(a) a pannaiyal as defined in the Karaikal Pannaiyal Protection Act, 1966 (3 of

1966);

(b) a person engaged in the house-hold work of the landowner or for

cleaning cattleyard, or for storing manure at the backyard of the house;

(2) “agricultural land” means any land used for the cultivation of paddy, and
includes any land used for any purposes subservient thereto, but does not include
house-site or land used exclusively for non-agricultural purposes;

(3) “Conciliation Officer” means a Conciliation Officer appointed under this

Act;

(4) “fair wages” means the rate of wages specified in the Schedule;

(5) “Government” means the Administrator of the Union territory of

Puducherry appointed by the President of India under article 239 of the
Constitution;

(6) “landowner”

(a) in relation to a land personally cultivated, means the owner of such land
and includes the heirs, assigns and legal representatives of such owner or persons
deriving rights through him, and

(b) in relation to a land cultivated by a cultivating tenant means such

cultivating tenant.

Explanation. --- “cultivating tenant” shall have the same meaning as in sub-
clause (b) of clause 2 of the Karaikal Tenants Protection Order, 1960.

(7) “Revenue Court” means a Revenue Court constituted under this Act.

Appointment of Conciliation Officers

3. The Government may, by notification in the Official Gazette, appoint for

such area as may be specified therein, any officer of the Revenue Department not
below the rank of a Tahsildar, to be a Conciliation Officer for the purpose of
performing the functions entrusted to a Conciliation Officer by or under this Act.
 446

Constitution of Revenue Courts

4. The Government may, by notification in the Official Gazette, constitute for

such area as may be specified therein, a Revenue Court which shall be presided
over by an Officer not below the rank of a Deputy Collector (Revenue), for the
purpose of performing the functions entrusted to a Revenue Court by or under this
Act.

Fair wages payable to agricultural labourers

5. Every landowner shall pay fair wages to any agricultural labourer

engaged by him.

Enforcement of payment of fair wages

6. (1) If any landowner pays less than the fair wages or refuses to pay the fair
wages to any agricultural labourer, the agricultural labourer may make an
application to the Conciliation Officer for a direction under subsection (2).

(2) On receipt of such application, the conciliation officer shall hear the
applicant and the landowner and after such inquiry, if any which he may consider
necessary, direct —

(i) in the case of a claim arising out of the payment of less than the fair
wages, the payment to the agricultural labourer of the amount by which the fair
wages payable to him exceeds the amount actually paid by the landowner.

(ii) in the case of a claim arising out of non-payment of fair wages, the
payment of the fair wages to the agricultural labourer.

Wages for harvest

7. (1) The fair wages for harvest shall be paid at the threshing floor on which
the threshing takes place and no portion of the produce shall be removed from the
threshing floor without payment of fair wages to the agricultural labourer
concerned.

(2) If, as a result of a direction under sub-section (2) of section 6, any amount
of fair wages becomes payable to an agricultural labourer, the Conciliation Officer,
or any person authorised by him not below the rank of a Revenue Inspector
(hereinafter referred to as the authorised person) may, ---
 447

(i) in the case of harvest,

(a) recover in kind such amount of fair wages at the threshing floor from
out of the harvested paddy, and

(b) if the harvested paddy or any portion thereof has been removed from
the threshing floor in contravention of the provisions of sub-section (1), the
Conciliation Officer or the authorised person shall recover in kind the amount of
fair wages from the landowner concerned and if such recovery is not possible, the
Conciliation Officer or the authorised person shall recover the amount of cash value
of such fair wages from the landowner concerned as if such amount were an arrear
of land revenue, and pay the amount so recovered to the agricultural labourer
concerned;

(ii) in the case of any work other than harvest the Conciliation Officer, or
the authorised person may recover in kind or in cash the amount of such fair wages
from the landowner concerned as if such amount were an arrear of land revenue
and pay it to the agricultural labourer concerned.

(3) The Conciliation Officer, or the authorised person shall have all such
powers as are necessary to effect the payment of the fair wages to the agricultural
labourer including the power to enter upon any land on which or into any building
in which the harvested paddy is kept.

Appeal

8. (1) Against any final order passed by a Conciliation Officer under section
6, an appeal shall lie to the Revenue Court within such time as may be prescribed
and the decision of the Revenue Court on such appeal shall, subject to the
provisions of section 9, be final.

(2) The Revenue Court shall have no power to stay the operation of the order
of the Conciliation Officer pending the disposal of the appeal.
 448

Revision by the District Court

9. The District Court may call for and examine the record of any Revenue
Court in respect of any proceeding under this Act to satisfy itself as to the regularity
of such proceeding or the correctness, legality or propriety of any decision or order
passed thereon; and if, in any case, it appears to the District Court that any such
proceeding, decision or order should be modified, annulled or reversed or remitted
for reconsideration, it may pass orders accordingly:

Provided that the District Court shall have no power to stay the operation of
any decision or order of the Revenue Court pending the exercise of the powers
under this section:
.
Provided further that the powers of the District Court under this section shall
not be exercised in respect of an interim order passed by the Revenue Court:

Provided also that the District Court shall not pass any order prejudicial to
any party unless he has been given a reasonable opportunity of being heard.

Decision in appeal or revision to be given effect to

10. (1) Where the amount of fair wages paid under sub-section (2) of section 7
to any agricultural labourer is less than the amount of fair wages payable as a result
of the decision in appeal or revision, the balance shall be recovered from the
landowner concerned as if it were an arrear of land revenue and paid to the
agricultural labourer concerned.

(2) Where the amount of fair wages paid under sub-section (2) of section 7 to
any agricultural labourer is in excess of the amount of fair wages payable as a result
of the decision in appeal or revision, such excess shall be recovered from the
agricultural labourer concerned as if it were an arrear of land revenue, and paid to
the landowner concerned.

Bar of jurisdiction of civil courts

11. (1) Save as otherwise provided in this Act, no civil court shall entertain
any suit or other proceeding to set aside or modify any order or decision passed by
any Officer or authority or in respect of any other matter falling within his or its
scope.
 449

(2) No injunction shall be granted by any court in respect of any action taken
or to be taken by any officer or authority in pursuance of any power conferred by or
under this Act.

Power to take evidence on oath

12. Any officer or authority exercising powers under this Act shall have the
same powers as are vested in a court under the Code of Civil Procedure, 1908
(Central Act 5 of 1908), when trying a suit in respect of the following matters,
namely: --

(a) enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses;

and any proceeding before the officer or authority shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purposes of
section 196, of the Indian Penal Code (Central Act 45 of 1860).

Act to override contract and other laws

13. The provisions of this Act shall have effect notwithstanding anything to
the contrary contained in any pre-existing law, custom, usage, agreement or decree
or order of a court.

Power to make rules

14. (1) The Government may, by notification in the Official Gazette, 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 procedure to be followed by the Conciliation Officer and the

Revenue Court;

(b) the fees to be paid for applications and appeals under this Act;
 450

(c) the powers of the Conciliation Officer and the authorised person
necessary for effective enforcement of the provisions of this Act;
(d) the manner of estimating the cash value of fair wages in kind;
(e) any other matter, which is required to be, or may be prescribed under this
Act.
(3) All rules, made under this Act shall, as soon as may be after they are
made, be laid before the Legislative Assembly, 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 the rule should not be made or issued, the
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.

THE SCHEDULE
[See Section 2(4)]

PART-I
Men
All kinds of work during Rs. 3-00 or six litres of
cultivating season. Paddy plus Re.1.25 p per day.
Women
All kinds of work during Re. 1-75 P. or five litres of
cultivating season. Paddy plus 0.25 p per day.

Explanation.- ‘Work’ does not include ploughing where bullocks and ploughs
are provided by the agricultural labourer.

PART -II
Harvest

Six litres out of every fifty-four litres of harvested paddy.

Explanation. - For arriving at the wages specified above no deduction shall be
made either for kalavady or for any other expenses from out of the harvested heap
till the agricultural labourers’ wages are paid.

Illustration --- If 5,400 litres of paddy is the total amount of paddy harvested,
the wages payable for the agricultural labourers engaged for the harvest will be 600
litres and the balance will be 4,800 litres from which alone, the landowner will have
to make any deduction for kalavady or for any other expenses.
_______
 451

STATEMENT OF OBJECTS AND REASONS FOR ACT 25 OF 1970

Representations have been received from the Agricultural labourers of

Karaikal region for the enactment of a Legislation for providing them fair rates of
wages. The Karaikal Pannayal Protection Act, 1966 (No.3 of 1966) has already been
passed to regulate the relationship between the farm labourers (Pannayals) and the
landowners and provide a machinery for the settlement of disputes between them.
But, there is no law to provide for the payment of fair rates of wages to the
agricultural labourers. In the context of Tamilnadu having introduced a legislation
in parts of Tanjore District bordering Karaikal region, the need for the enactment of
a similar legislation has now become imperative. The present Bill which has been
prepared on the model of the Tamilnadu Agricultural Labourer Fair Wages Act,
1969 (No.19 of 1969) seeks to achieve this object.

STATEMENT OF OBJECTS AND REASONS FOR ACT 6 OF 1974

The Karaikal Agricultural Labourer Fair Wages Act, 1970 provides for the
payment of fair wages specified in the Act by every landowner to agricultural
labourers engaged by him for all kinds of work during the cultivation season and at
harvest. This Act was enforced with effect from lOth September, 1970 and so, as per
sub-section (4) of section (1) of the Act, the law expired on 9-9-1973. The legislation
was originally enacted because a similar law, viz., The Tamil Nadu Agricultural
Labourer Fair Wages Act, 1969 was in force in the adjoining district of Tanjore. The
said Tamil Nadu Act, though originally was intended for 3 years, has now been
made permanent. It is, therefore, considered necessary that the life of the Karaikal
Agricultural Labourer Fair Wages Act is extended by another 3 years in the first
instance. The action taken after the expiry of the Act and before the commencement
of the amending Act, are also to be validated.

The Bill intends to achieve the above objects.

________
 452

THE PUDUCHERRY MONEY LENDER’S ACT, 1970

(No. 26 of 1970)
________________________________________________________________________

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Defi nition.
3. Money-lender to obtain licence.
4. Grant and refusal of licences.
5. Change of place of business by money-lender.
6. Money-lenders to exhibit their names over shops.
7. Interest and charges allowed to money-lenders.
8. Power to deposit in Court, money due on loan.
9. Money-lender to keep books, give receipts, etc.
10. Appointment of Inspectors and their powers.
10-A. Entry of wrong sum in bond, etc., to be an offence.
11. Money-lender advancing smaller amount or securing higher interest
than hat specified in the accounts, etc., to be punishable.
12. Cognizance of offences.
12-A. Offences under section 18A to be cognizable.
13. Penalty for molestation of debtor.
14. Power to cancel licences, etc.
15. Publication of order of cancellation.
16. No compensation for cancellation of licence.
17. Penalty for carrying on business without licence.
18. Penalties.
18-A. Non-citizens not to carry on business of money lending.
19. Transfer of licence to heir.
20. Jurisdiction to try offences.
20-A. Power of court to limit interest recoverable in certain cases.
20-B. Power of court to direct payment of decretal amount by instalments.
20-C. Reopening of transaction.
20-D. Inquiry for taking accounts and declaring the amount due.
20-E. Composition of offence.
21. Contracts not to be void on account of offence.
21-A. Savings
22. Power to make rules.

_______
 453

THE PUDUCHERRY MONEY LENDER’S ACT, 1970

(Act No. 26 of 1970)

AN ACT

to regulate and control the business of money lenders in the Union territory
of Puducherry.

BE it enacted 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 Money Lender’s Act, 1970.

(2) It extends to the whole of 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.

Definitions

2. In this Act, unless the context otherwise requires,--

*[(a) “bank” means –

(i) a banking company to which the Banking Regulation Act, 1949 (Central
Act 10 of 1949) applies;

(ii) the State Bank of India constituted under the State Bank of India Act, 1955
(Central Act 23 of 1955);

(iii) a subsidiary bank as defined in clause (k) of section 2 of the State Bank of
India (Subsidiary Banks)Act, 1959 (Central Act 38 of 1959);

(iv) a corresponding new bank constituted under section 3 of the Banking

Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of
1970);

________________________________________________________________________
1. The Act came into force on the 1st day of October 1970, vide Notification No. E-2763-69/ Rev, dated 18th
September 1970.
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-II No. 30 dated
31-12-1983.
 454

(v) a Regional Rural Bank established under the Regional Rural Banks Act,
1976 (Central Act 21 of 1976);

(vi) the Industrial Development Bank of India established under the

Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964);

(vii) the Agricultural Refinance and Development Corporation established

under the Agricultural Refinance and Development Corporation Act, 1963 (Central
Act 10 of 1963);

(viii) the Life Insurance Corporation of India established under the Life
Insurance Corporation Act, 1956 (Central Act 31 of 1956);

(ix) the Industrial Finance Corporation of India established under the

Industrial Finance Corporation Act, 1948 (Central Act 15 of 1948); and

(x) any other financial or banking institution notified in this behalf by the
Government in the Official Gazette;

(aa) “citizen of India” means a person who is a citizen of India within the
meaning of Part II of the Constitution of India and the Citizenship Act, 1955 (Central
Act 5 of 1955);

(b) “co-operative society” means a society registered or deemed to be

registered under any law for the time being in force in the Union territory relating
to co-operative societies;]

(c) “Government” means the Administrator appointed by the President

under article 239 of the Constitution;

(d) “Inspector” means an Inspector appointed under section 10;

(e) “interest” includes the return to be made over and above what was
actually lent, whether the same is charged or sought to be recovered specifically by
way of interest or otherwise but does not include any sum charged by a lender in
accordance with the provisions of this Act or any other law for the time being in
force, for or on account of costs; charges or expenses;
 455

(f) “licence” means a money-lender’s licence granted under this Act;

(g) “loan” means an advance whether of money or in kind at interest, and

includes any transaction which the court finds in substance to amount to such an
advance, but does not include ---

(i) a deposit of money or other property in a Government Post Office

Savings Bank or in a Bank in a company as defined in the Companies Act, 1956
(Central Act 1 of 1956) or with a co-operative society;

(ii) an advance made by a bank or a co-operative society or an advance

made from a provident fund to which the Provident Funds Act, 1925 (Central Act 19
of 1925) applies;

(iii) an advance made by any Government or by any person authorised by

Government to make advances in their behalf, or by any local authority;

(iv) an advance made by any authority specified by Government by

notification;

(v) an advance made bona fide by any person carrying on any business, not
having for its primary object the lending of money, if such loan is advanced in the
regular course of such business;

(vi) an advance made on the basis of a negotiable instrument as defined in

the Negotiable Instruments Act, 1881 (Central Act 26 of 1881) exceeding [rupees ten
thousand];

(vii) an advance made to its members by any Nidhi or Permanent Fund

registered under any law in force in India;

(viii) an advance made under any Chit Fund Scheme;

(ix) an advance made by an agriculturist to his tenant;

________________________________________________________________________
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-II No. 30
dated 31-12-1983.
 456

(h) a person shall be deemed to “molest” another person if he----

(i) obstructs or uses violence to, or intimidates, such other person, or.

(ii) persistently follows such other person from place to place or interferes
with any property owned or used by him or deprives him of, or hinders him in the
use of, any such property, or

(iii) loiters at or near a house or other place where such other person
resides, or works, or carries on business, or happens to be, or

(iv) does any act calculated to annoy or intimidate the members of the
family or such other person, or

(v) moves or acts in a manner which causes or is calculated to cause alarm

or danger to the person or property of such other person;

(i) “money-lender” means a person whose main or subsidiary occupation is

the business of advancing and realising loans, but excludes a bank or a co-operative
society;

Explanation: --- Where a person who carries on in the Union territory the
business of advancing and realising loans is resident outside the Union territory,
the agent of such person resident in the Union territory shall be deemed to be the
money-lender in respect of that business for the purposes of this Act.

(j) “notification” means a notification published in the Official Gazette;

(k) “prescribed” means prescribed by rules made under this Act;

(1) “principal” in relation to a loan means the amount actually lent to the
debtor;

(m) “Union territory” means the Union territory of Puducherry;

(n) “year” means the financial year.

 457

Money-lender to obtain licence

3. (1) No person shall on and after the date on which the provisions of this
Act are brought into force, carry on, or continue to carry on, business as a money-
lender in the Union territory, except under and in accordance with the terms of a
licence.

(2) Where a money-lender has more than one shop or place of business,
whether in the same town or village or in different towns or villages, he shall obtain
a separate licence in respect of each such shop or place of business.

(3) (a) Where a money-lender is a registered firm the licence shall be

obtained in the firm’s name.

(b) Where a money-lender is an undivided Hindu family, the licence shall

be obtained in the name of the manager, or the karnavan or the yajaman, as the case
may be, described as such in the licence.

(c) Where a money-lender is any other association of individuals, not

required to be registered under the Companies Act, 1956 (Central Act 1 of 1956), a
separate licence shall be obtained by each such individual in his name describing
himself as a member of the association:

Provided that nothing contained in the sub-section shall affect the operation
of section 69 of the Indian Partnership Act, 1932 (Central Act 9 of 1932).

Grant and refusal of licences

4. (1) Every application for a money-lender’s licence shall be in writing and

shall be made to the licensing authority prescribed under this Act:

Provided that a person under the age of eighteen years shall be eligible to
apply for a licence only through a guardian:

Provided further that if any person acting as a guardian on behalf of a minor

applies for and obtains a licence under this Act, such guardian shall be subject to all
the provisions of this Act as if the licence has been granted to himself.
 458

*[(2) Every licence shall be granted and renewed in such form and subject to
such conditions including conditions as to payment of licence fee not exceeding five
hundred rupees as the Government may from time to time, by notification in the
official gazette, determine].

(3) The licensing authority may be order in writing refuse to grant *[and
renew] a licence if any authority is satisfied:-

(a) that the applicant has not complied with the provisions of this Act or
the rules made thereunder in respect of an application for the grant of a licence; or

(b) that the applicant has made wilful default in complying with or
knowingly acted in contravention of any requirement of this Act; or

(c) that the applicant has:--

(i) knowingly participated in or connived at any fraud or dishonesty in the

conduct of or in connection with the business of money- lending; or

(ii) been found guilty of an offence under Chapter XVII or Chapter XVIII of
the Indian Penal Code (Central Act 45 of 1860); or

(iii) been found guilty of an offence **[under section 10A or section 11 or

section 13] on two or more occasions; or

(d) that the applicant has his licence cancelled within six months before the
date of application.

(4) Any person aggrieved by an order of the licensing authority under sub-
section (3) may, within one month from the date of communication of such order to
him, appeal to the prescribed authority.

(5) Every licence granted under this Act shall, subject to the provisions of
sub-section (7), expire on the last day of the year in which it was granted.

________________________________________________________________________
* Amended vide Act No: 7 of 2004 w.e.f 7-9-2004 and published in Extraordinary Gazette Part-Il No. 24 dated
10-9-2004.
** Amended vide Act No: 7 of 1983 w.e.f 11-12-83 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-83.
 459

(6) A licence granted under sub-section (2) may be renewed from year to
year and the provisions of sub-sections (1) to (5) shall apply in relation to the
renewal of a licence as they apply in relation to the grant of a licence.

(7) If orders refusing to renew a licence are not communicated to a money-

lender by the licensing authority before the expiry of his current licence, the money-
lender shall, notwithstanding such expiry, be deemed to have a valid licence till
orders are received by him on his application for renewal.

(8) Nothing in this section shall be deemed to disentitle a moneylender,

whose licence, has expired or has not been renewed, from taking steps to recover
any loan advanced during the period when the licence was in force.

Change of place of business by money-lender

5. No money-lender shall change his place of business without previous

notice to the licensing authority and without having the address of the new place of
business duly endorsed on his licence.

Money-lenders to exhibit their names over shops

6. Every money-lender shall always keep exhibited over his shop or place of
business his name with the word “money-lender” and its equivalent in the regional
language.

Interest and charges allowed to money-lenders

7. *[(1) Notwithstanding anything contained in the decree dated 22nd

September, 1935, no money lender shall charge interest on any loan, at a rate
exceeding such rate as the Government may, by notification, fix from time to time:

Provided that the rate of interest as may be fixed by the Government shall be
correlated to the current bank rates of lending as may be fixed by the Reserve Bank
of India, from time to time.]

________________________________________________________________________
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-1983.
 460

(2) A money-lender may demand and take from the debtor such charges and
in such cases, as may be prescribed.

(3) A money-lender shall not demand or take from the debtor any interest,
profit or other sum whatsoever in excess of that payable under subsection (1).

Power to deposit in Court, money due on loan

8. (1) Where a money-lender refuses to accept the whole or any portion of the
money or other property due in respect of his loan, the debtor may deposit the said
money or property into the Court having jurisdiction to entertain a suit for recovery
of such loan and apply to the Court to record full or part satisfaction of the loan, as
the case may be.

(2) Where any such application is made, the Court shall after due inquiry,
pass orders recording full or part satisfaction of the loan, as the case maybe.

(3) The procedure laid down in the Code of Civil Procedure, 1908 (Central Act
5 of 1908) for the trial of suits shall, as far as may be, apply to applications under
this section.

(4) An appeal shall lie from an order passed by a Court under subsection (2)
as if such an order relates to the execution, discharge or satisfaction of a decree
within the meaning of section 47 of the Code of Civil Procedure, 1908 (Central Act 5
of 1908).

Money-lender to keep books, give receipts, etc.

9. (1) Every money-lender shall:-

(a) regularly record and maintain or cause to be recorded and

maintained, an account showing for each debtor separately-

(i) the date of the loan, the amount of the principal of the loan, the rate
of interest charged on the loan and the nature of security taken, if any; and

(ii) the amount of every payment received by the money-lender in

respect of the loan, and the date of such payment;
 461

(b) give to the debtor or his agent a receipt for every amount paid by him,
duly signed and, if necessary, stamped at the time of such payment;

(c) on requisition in writing made by the debtor furnish to him, or, if he so

requires, to any person mentioned by him in that behalf in his requisition a
statement of account signed by himself or his agent, showing the particulars
referred to in clause (a) and also the amount which remains outstanding on account
of the principal and of interest and charge such fee therefor as the Government may
prescribe:

Provided that no such statement shall be required to be furnished to a debtor

if he is supplied by the money-lender with a pass book in the prescribed form
containing an up-to-date account of the money-lender’s transactions with the
debtor; and

(d) submit such returns relating to the loans advanced by him to the
Inspector concerned, in such form and at such times as may be prescribed.

(2) All records or entries made in the books, accounts and documents
referred to in sub-section (1) shall be in such language as may be prescribed in
respect of any area.

(3) A debtor to whom a statement of account has been furnished under

clause (c) of sub-section (1) and who fails to object to the correctness of the account
shall not by such failure alone be deemed to have admitted the correctness of such
account.

(4) In the receipt to be given under clause (b) of sub-section (1) or in the
statement of account to be furnished under clause (c) of that sub-section, the figures
shall be entered only in international form of Indian numerals.

(5) In any suit or proceeding relating to a loan if the Court finds that a
money-lender has not maintained an account as required by clause (a) of sub-
section (1), he shall not be allowed his costs.

(6) If any money-lender fails to give the debtor or his agent a receipt as
required by clause (b) of sub-section (1) or to furnish on a requisition made under
clause (c) of that sub-section a statement of account as required therein within one
month after such requisition has been made, he shall not be entitled to any interest
for the period of his default.
 462

(7) Notwithstanding any agreement between the parties or any law for the
time being in force, when a statement is furnished to a debtor under this section on
any day during a month, the interest due shall be calculated as payable for the
entire month irrespective of the fact that such statement is furnished on any such
day.

Appointment of Inspectors and their powers

10. (1) The Government may, by notification, appoint one or more persons to
be Inspectors for the purposes of this Act and specify in such notification the local
limits of their jurisdiction.

(2) Every Inspector shall be deemed to be a public servant within the

meaning of section 21 of the Indian Penal Code.

(3) (a) *[(i) A District Magistrate, an Additional District Magistrate or a

Sub-Divisional Magistrate] may, on receiving a report from an Inspector that a
person carries on without a licence or that a money-lender carries on in
contravention of the provisions of this Act or the conditions of licence granted
thereunder the business of money-lending at any place within the jurisdiction of
such Magistrate, issue a warrant empowering the Inspector to enter such place with
such assistants as he considers necessary and inspect the books, accounts, records,
files, documents, *[securities, safes and vaults] in such premises.

(ii) On receiving the warrant referred to in sub-clause (i), the Inspector

may enter the place and inspect the books, accounts, records, files, documents,
*[Securities, safes and vaults] in such premises and may take to his office for further
investigation such books, accounts, records, files *[documents and securities] as he
considers necessary:

Provided that if the Inspector removes from the premises any books
accounts, records, files *[documents and securities], he shall give to the person in
charge of the place, a receipt describing the books, accounts, records, files
*[documents and securities] so removed by him:

________________________________________________________________________
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-II No. 30 dated
31-12-1983.
 463

Provided further that within twenty-four hours of the removal of the books,
accounts, records, files *[documents and securities] from the premises, the Inspector
shall either return them to the person from whose custody they were removed or
produce them in the Court of the Magistrate who issued the warrant and such
Magistrate may return the books, accounts, records, files *[documents and
securities] or any of them to the person from whose custody they were removed by
the Inspector, after taking from such person such security as the Magistrate
considers necessary for the production of the books, accounts, records, files
*[documents and securities] when required whether by the Inspector or by the
Court, or may pass such other orders as to their disposal as appear just and
convenient to the Magistrate.

(b) An Inspector shall have authority to require any person whose testimony
he may require regarding any loan or any money-lending business to attend before
him or to produce or cause to be produced any document and to examine such
person on oath.

(4) An Inspector may apply for assistance to an officer-in-charge of a police

station and take police officers to accompany and assist the Inspector in performing
his duties under this Act.

Entry of wrong sum in bond, etc., to be an offence

* [10A. (1) No money lender, whether licensed or not, shall take from a
debtor or an intending borrower any note, promise to pay, acknowledgement,
power-of-attorney, bond, security or other document which does not state the
actual amount of the loan, the rate of interest charged and the time, if any, within
which the principal is stipulated to be repaid in full, or which states any of such
particulars incorrectly, nor shall he take from any debtor or an intending borrower
any document in which any entry is left blank for completion at a later date.
(2) Whoever contravenes the provisions of sub-section (1) shall be punished
with imprisonment which may extend to six months or with fine which may extend
to one thousand rupees or with both.

(3) Notwithstanding anything contained in section 21 or in any other law for

the time being in force, any note, promise to pay, acknowledgement, power-of-
attorney, bond, security or other document referred to in sub-section (1) shall be
void and unenforceable].
________________________________________________________________________
* Inserted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-1983.
 464

Money-lender advancing smaller amount or securing higher interest than

that specified in the accounts, etc., to be punishable

11. *[(1) any money-lender whether licensed or not:-

(a) who actually advances an amount less than the amount shown in his
accounts or registers or other document relating to the loan, or

(b) who takes or receives interest or any other charge at a rate higher than
the rate shown in the accounts, registers or documents aforesaid or allowed under
this Act, shall be punished with imprisonment for a term not exceeding six months
but not less than three months:

Provided that the court may, in addition to such imprisonment, impose fine
which may extend to one thousand rupees.

(1A) Notwithstanding anything contained in the Indian Evidence Act, 1872

(Central Act 1 of 1872), or in any other law for the time being in force, in any suit by
or against a money lender, whether licensed or not, or in any prosecution or other
proceeding in a court, the burden of proving that the money lender had actually
advanced to the debtor the amount specified in:-

(a) any document relating to the loan; or

(b) the accounts or registers of such money lender,

shall be on the money lender.]

(2) If a money-lender is convicted of an offence *[under section 1OA or under

this section], the Court convicting him may cancel his licence as a money-lender.
Cognizance of offences

12. No Court shall take cognizance of an offence punishable under this Act of
the rules made thereunder except on a complaint in writing made by any prescribed
authority.

________________________________________________________________________
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-II No. 30 dated
31-12-1983.
 465

Offences under section 18A to be cognizable

*[12A. Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974), an offence under section 18A shall be
deemed to be a cognizable offence within the meaning of that Code].

Penalty for molestation of debtor

*[13. Whoever molests or abets the molestation of any debtor for the recovery
of any loan shall be punished with imprisonment for a term not exceeding six
months but not less than three months:

Provided that the court may, in addition to such imprisonment, impose fine
which may extend to one thousand rupees].

Power to cancel licences, etc.

14. (1) The licensing authority may, at any time, during the term of any
licence, cancel it by an order in writing:-

(a) if the licensee carries on the business in contravention of any of the

provisions of this Act or the rules made thereunder or of the conditions of the
licence, or

(b) if any reason for which the licensing authority could have refused to
grant the licence to the money-lender under subsection (3) of section 4, is brought to
the notice of that authority after the grant of the licence, or

(c) if the licensee is convicted for an offence *[under section 1OA or section
11] or Section 13, or

(d) if the licensee maintains false accounts or is found to molest or abet the
molestation of any debtor for the recovery of any debt.

(2) Before cancelling a licence under sub-section (1), the licensing authority
shall give the licensee a notice in writing stating the grounds on which it is
proposed to take action and requiring him to show cause against it within such time
as may be specified in the notice.

________________________________________________________________________
* Inserted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-1983.
 466

(3) Any person aggrieved by an order of the licensing authority cancelling a

licence may, within one month of the date of communication of such order to him,
appeal to the prescribed authority.

Publication of order of cancellation

15. Every order of cancellation of a licence under this Act shall be notified in
the Official Gazette and also on the notice-board of the office of the licensing
authority.

No compensation for cancellation of licence

16. A person whose licence is cancelled under section 14 *[or is deemed to

have been cancelled under sub-section (2) of section 18A] shall not be entitled to
any compensation in respect of such cancellation or to the refund of any fee paid in
respect of such licence.

Penalty for carrying on business without licence

17. Whoever carries on the business of money-lending without a licence or

otherwise than in conformity with the terms and conditions of a licence shall be
punished with fine which may extend to one thousand rupees:
Provided that a person shall not be deemed to carry on the business of money-
lending without a licence, if he had ceased to carry on the business of money-
lending but was taking steps to recover any loan advanced by him.

Penalties

18. (1) Whoever contravenes any of the provisions of this Act or of any rule
made thereunder or of any terms or conditions of a licence granted or deemed to be
granted thereunder or makes a claim or a statement which is false or which he does
not believe it to be true shall, if no other penalty is elsewhere provided for in this
Act for such contravention, be punished with fine which may extend to one
thousand rupees.

Explanation. — The cancellation of a licence under section 14 shall not be

deemed to be a penalty for the purposes of this sub-section.

________________________________________________________________________
* Amended vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-1983.
 467

(2) Where a contravention of any of the provisions of this Act or of any rule
made thereunder of which a person is convicted consists of an omission to do a
thing, the Magistrate may, when convicting the offender, direct him to do the thing
before an appointed day and may on the failure of the offender to do the thing
before the said day, pass an order, whether the offender appears in court or not on
that day, cancelling his licence.

*[(3) Any person, who after having been convicted of the offence of carrying
on, or continuing to carry on, the business of money lending in contravention of the
provisions of section 3, continues to commit the same offence in the same year, shall
in addition to the fine which may extend to one thousand rupees, be punishable
with additional fine of fifty rupees for each day after the previous date of conviction
during which he continues so to offend].

Non-citizens not to carry on business of money lending

** [18A. (1) Notwithstanding anything contained in section 3 and 4, no

person who is not a citizen of India shall, on and from the date of publication of the
Puducherry Money Lenders (Amendment) Act, 1983 in the Official Gazette
(hereinafter in this section referred to as the said date), carry on the business of
money lending:

Provided that nothing in this sub-section shall apply to the nationals of

France and of the French Union domiciled in the Union territory on the 1st
November, 1954.

(2) All licences granted under this Act to any person referred to in sub-
section (1) shall be deemed to have been cancelled on and from the said date and all
transactions of money lending carried on by such person as a money lender, shall
cease from the said date.

(3) Any person referred to in sub-section (1) who had obtained a licence for
money lending under this Act, prior to the said date may, subject to the provisions
of this Act including section 21A recover through a competent court, the loans
advanced before the said date.

________________________________________________________________________
* Amended vide Act No:7 of 2004 w.e.f 7-9-2004 and published in Extraordinary Gazette Part-II No. 24 dated 10-
9-2004.
** Inserted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-II No. 30 dated
31-12-1983.
 468

(4) Any person referred to in sub-section (1) who carries on the business of
money lending in contravention of the provisions of the said subsection or recovers
his dues otherwise than in accordance with the provisions of sub-section (3) shall be
punished with imprisonment which may extend to one year or with fine or with
both.

(5) Any court trying an offence under this section shall, unless it is proved to
the contrary, presume that the accused is not a citizen of India and that he was
carrying on the business of money lending in contravention of the provisions of this
section].

Transfer of licence to heir

19. (1) Where a licensee under this Act dies, any person claiming to be his
legal representative may apply to the licensing authority for transfering in his name
the licence standing in the name of the deceased.

(2) Every such application shall be in such form and shall contain such
particulars as may be prescribed.

(3) The licensing authority may, if he is satisfied that the applicant is in fact
the legal representative of the deceased and that he is otherwise eligible to a licence
under this Act, transfer the licence in the name of the applicant after obtaining from
the applicant a declaration in the prescribed form.

(4) Any licence transferred under sub-section (3) shall be deemed to have
been granted to the applicant himself and shall be valid for the period for which it
would have been valid if the licence had not been transferred; and the provisions of
this Act shall apply accordingly.

Jurisdiction to try offence

*[20. No Court inferior to that of a Judicial Magistrate of the first class shall
try any offence punishable under this Act.

________________________________________________________________________
* Substituted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30
dated 31-12-1983.
 469

Power of court to limit interest recoverable in certain cases

20A. Notwithstanding anything contained in any agreement or any law for

the time being in force, no court shall in respect of any loan whether advanced
before or after the date of the publication of the Puducherry Money Lenders
(Amendment) Act, 1983 in the Official Gazette, decree on account of interest a sum
greater than the principal of the loan due on the date of the decree.

Power of court to direct payment of decretal amount by instalments

20B. Notwithstanding anything contained in the Code of Civil Procedure,

1908, the court may, at any time, on application of a judgement debtor, and after
notice to the decree holder, direct that the amount of any decree passed against him,
whether before or after the date of the publication of the Puducherry Money
Lenders (Amendment) Act, 1983 in the Official Gazette, in respect of a loan, shall be
paid in such number of instalments and subject to such conditions and payable on
such dates, as having regard to the circumstances of judgement debtor and the
amount of the decree, it considers fit.

Reopening of transaction

20C. Notwithstanding anything contained in any law for the time being in
force, the court shall, in any suit to which this Act applies, whether heard ex-parte
or otherwise:-

(a) reopen any transaction, or any account already taken between the
parties;

(b) take an account between the parties;

(c) reduce the amount charged to the debtor in respect of any excessive
interest;

(d) if on taking accounts it is found that the money lender has received
more than what is due to him,

pass a decree in favour of the debtor in respect of such excess amount:

 470

Provided that in the exercise of these powers, the court shall not--

(i) reopen any adjustment or agreement purporting to close previous

dealings and to create new obligations which has been entered into by the parties or
any person through whom they claim at a date more than six years prior to the date
of the suit;
(ii) do anything which affects any decree of a court.

Explanation: - For the purposes of this section, “excessive interest’ means

interest charged at a rate higher than that fixed by the Government under sub-
section (1) of section 7.

Inquiry for taking accounts and declaring the amount due

20D. (1) Any debtor may make an application at any time to the court,
whether the loan to which the suit relates has or has not become payable, for taking
accounts and for declaring the amount due to the money lender. Such applications
shall be in the prescribed form and accompanied by the prescribed fee.
(2) On receipt of such application, the court shall cause a notice of the
application to be given to the money lender.

(3) On the date fixed for the hearing of the application or on such date to
which the hearing may be adjourned from time to time, the court shall make an
inquiry and shall after taking an account of the transactions between the parties
pass an order declaring the amount, if any, still payable by the debtor to the money
lender, in respect of the principal and interest, if any.]

Composition of offence

*[20 E. (1) The Secretary (Revenue), Deputy Collector (Revenue) or any

Inspector appointed under sub-section (1) of section 10 of the Act may, whether on
application made to him in this behalf or otherwise, give any person, whose licence
is liable to be cancelled under sub-section (1) of section 14, option to pay within a
specified period, a sum of money not exceeding five hundred rupees for the first
occasion and one thousand rupees for every subsequent occasion in lieu of such
cancellation or by way of composition of the offence which may have been
committed, as the case may be.

________________________________________________________________________
* Amended vide Act No: 7 of 2004 w.e.f 7-9-2004 and published in Extraordinary Gazette Part-II No. 24 dated
10-9-2004.
 471

(2) Where the Secretary (Revenue), Deputy Collector (Revenue) or any

Inspector appointed under sub-section (1) of section 10 of the Act, on application
made under sub-section (1), passes an order refusing to allow composition under
this section, he shall record in writing the reasons therefor and furnish to the
applicant, on request, a copy of the order.]

Contracts not to be void on account of offence

21. *[Subject to the provisions of sub-section (3) of section 1OA, where a

money lender] is guilty of an offence punishable under this Act, any contract made
by him in relation to his business of money-lending shall not be void by reason only
of that offence nor shall he, by reason only of that offence, lose his right to the loan
and the interest and other charges, if any, payable in respect thereof.

Savings

*[21A. (1) Nothing in this Act shall affect, or shall be deemed to affect any of
the benefits conferred on any person by any of the provisions of the Tamil Nadu
Debt Relief Act, 1976 (President’s Act 31 of 1976) or any other law relating to relief of
agricultural indebtedness in force corresponding to that Act, as extended to the
Union territory notwithstanding anything to the contrary contained in this Act.

(2) Save as otherwise provided in sub-section (1), the provisions of this Act
shall be in addition to, and not in derogation of, any of the Acts specified in sub-
section (1) or any other law for the time being in force].

Power to make rules

22. (1) The Government may makes rules to carry out all or any of the
purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for:-

________________________________________________________________________
* Inserted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated
31-12-1983.
 472

(a) the form and the particulars to be contained in an application for a licence
under this Act;

(b) the terms and conditions subject to which a licence may be granted;

(c) the form in which books, accounts and documents specified in this Act
shall be recorded, maintained, kept or used;

(d) the procedure which should be followed and the powers which may be
exercised by the authorities exercising functions, holding inquires and hearing
appeals under this Act;

(e) any other matter which under this Act is to be, or may be prescribed.

(3) *[(a) All rules made under this Act shall be published in the Official
Gazette and unless they are expressed to come into force on a particular day, shall
come into force on the date on which they are so published.

(b) All notifications issued under this Act shall, unless they are expressed to
come into force on a particular day, shall come into force on the date on which they
are published.

(4) Every rule made or notification issued under this Act shall, as soon as
possible after it is made or issued be laid before the Legislative Assembly,
Puducherry, and if, before the expiry of the session in which it is so placed or the
next session, the Legislative Assembly agree in making any modification in any
such rule or notification or the Legislative Assembly agree that the rule or
notification should not be made or issued, the rule or notification 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 or notification].

_________

______________________________________________________________________
* Substituted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30
dated 31-12-1983.
 473

STATEMENT OF OBJECTS AND REASONS FOR ACT 26 OF 1970

There are large number of money-lenders in this Union Territory who lend money
to the public at exhorbitant rates of interest. It has therefore become necessary to control
and regulate the business of money-lenders by introducing the system of licensing. The
Puducherry Pawn Brokers’ Act, 1966 (Act 11 of 1966) has already been passed in this Union
territory to regulate and control the business of the Pawn Brokers who give loans after
obtaining security from the borrowers. But there is no such law in respect of the business of
the money-lenders who give loans without any security. The present bill which has been
prepared on the model of the Madras Moneylenders’ Act, 1957 (Act XXVI of 1957) seeks to
achieve this object.

STATEMENT OF OBJECTS AND REASONS FOR ACT 7 OF 1983

The Puducherry Money Lenders Act, 1970 (Act No.26 of 1970) was enacted on the
same lines as the Tamil Nadu Money Lenders Act, 1957. In the course of implementation of
their Act, the Tamil Nadu Government encountered some difficulties in the successful
implementation of the Act and made amendments to their Act. As the Puducherry Money
Lenders Act, 1970 is also on the same lines, it has been felt necessary to make similar
amendments to this Act also for example in clause (i) of section 2 of the Act, the term
‘bank” has not included in the nationalised banks and subsidiary banks and hence it is
proposed to include the said banks also in the definition of that term. It is also proposed to
amend item (vi) of clause (6) of section 2 which excludes from the scope of the Act,
advances made on the basis of negotiable instruments exceeding Rs. 3,000, so as to enhance
the monetary limit from Rs. 3,000 to Rs. 10,000. It is also proposed to insert a new item
providing for exemption in respect of advances made by any company or corporation
owned or controlled by the Central Government or any State Government.

It has also been felt necessary to amend section 7 (1) of the Act so as to empower the
Government to fix and revise the rates of interest from time to time by notification.
Similarly, some other consequential amendments have also been proposed wherever
necessary.

STATEMENT OF OBJECTS AND REASONS FOR ACT 7 OF 2004

The Puducherry Money Lenders Act, 1970 has been brought into force in this Union
Territory with effect from 1-10-1970. After such extension, lesser rate of licence fee and fine
amount were prevailing in this Union Territory. Since the rates fixed in this regard were not
enhanced from time to time, the revenue to the exchequer was very low and in order to
augment more revenue to the exchequer, the licence fee and the renewal fee are proposed
to be enhanced from rupees 35 and rupees 25 respectively to Rs. 150 each with the ceiling
limit of Rs. 500 for granting licence and its renewal. It is also proposed to provide for
compounding of offences under the said Act so as to quicken process of justice.

The Bill seeks to achieve the above objects.

________
 474

THE PUDUCHERRY SETTLEMENT ACT, 1970

(No. 28 of 1970)
________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION

CHAPTER I
Preliminary

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II
Officers, their powers, duties and functions

3. Director and Settlement Officers.

4. Power to take evidence on oath, etc.
5. Power to enter upon land.

CHAPTER III
Settlement and assessment

6. Settlement and resettlement.

7. Determination of assessment.
8. Manner of making settlement or resettlement.
9. Term of settlement and reduction, suspension or remission of
assessment.
10. Registration of porambokes.
11. Liability for payment of assessment to Government.
12. Power to impose additional assessment or levy on trees.
 475

CHAPTER IV
Land records

13. Settlement Register and Register of Rights.

14. Procedure for finalisation of the Register of Rights.
15. Publication of approved Register of Rights and revision of Settlement
Register.
16. Modification or inclusion in the approved Register of Rights.
17. Person acquiring by succession, etc., to furnish information.
18. Procedure on acquisition of right through documents registered.
19. Register of mutations.
20. Certified copies.
21. Appeal.
22. Revision.

CHAPTER V
Miscellaneous

23. Correction of mistakes in records.

24. Delegation of powers.
25. Bar of suits in Civil Courts.
26. Protection of action taken in good faith.
27. Power to make rules.
28. Amendment to Act 8 of 1967.
29. Certain assessments to continue.
30. Repeal and savings.
31. Power to remove difficulty.

_______
 476

THE PUDUCHERRY SETTLEMENT ACT, 1970

(Act No. 28 of 1970)
28 th Ocober, 1970.
AN ACT

to provide for the settlement of lands and assessment thereon in the Union
territory of Puducherry and for the preparation of land records and for matters
connected therewith or ancillary thereto.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-first

Year of the Republic of India as follows:

CHAPTER I
PRELIMINARY
Short title, extent and commencement

1. (1) This Act may be called the Puducherry Settlement Act, 1970.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such 1date as the Government may, by
notification, appoint and different dates may be appointed for different areas.

Definitions

2. In this Act, unless the context otherwise requires:-

(a) “assessment” means the land revenue assessment fixed under the
settlement made in accordance with the provisions of this Act;

(b) “Collector” means the chief officer in charge of the revenue

administration of the Union territory of Puducherry, and includes in relation to any
function to be performed by the Collector under this Act, such other officer not
below the rank of a gazetted officer as the Government may, by notification,
appoint for the purpose;

(c) “Commune” means a commune constituted under French Decree

dated 12 th March, 1880;

(d) “Director” means the Director of Settlement appointed under

subsection (1) of section 3;
________________________________________________________________________
1. The Act came into force on the 11th day of January 1971, vide Notification —I in Gazette No.1 dated 5-1-1971.
 477

(e) “fasli” means the year commencing with 1st July in any year and ending
with the 30th June of the year next following;

(f) “Government” means the Administrator appointed by the President

under article 239 of the Constitution;

(g) “holding” means a portion of land held by a person either singly or

jointly with one or more persons;

(h) “manyam land” means land registered as manyam land in the revenue
accounts in favour of any religious, charitable or educational institution or in the
name of any individual for rendering any specific service to any particular
community or villagers in common and for which land tax or land revenue, as the
case may be is levied under the law in force;

(i) “notification” means a notification issued by the Government or any

officer authorised by it in this behalf and published in the Official Gazette;

(j) “prescribed” means prescribed by rules framed under this Act;

(k) “registered holder” means a registered holder as defined under the

Puducherry Survey and Boundaries Act, 1967 (Act No. 8 of 1967);

*[(kk) “Secretary” means the Secretary to the Government of Puducherry in-

charge of the Department of Revenue and Disaster Management].

(1) “settlement” means the result of the operations conducted in a zone in

order to determine the land assessment;

(m) “Settlement Officer” means an officer appointed by the Government

under sub-section (2) of section 3 and includes an officer empowered under the Act
to perform the functions of a Settlement Officer;

(n) “Union territory” means the Union territory of Puducherry; and

(o) “zone” means a local area comprising one or more Communes or

portions thereof which in the opinion of the Settlement Officer are contiguous and
homogeneous in respect of soil characteristics, physical configuration, yield of
principal crops, rainfall and other irrigation facilities.

________________________________________________________________________
* Inserted vide Act No.5 of 2006 section 2, w.e.f 30.10.2006.
 478

CHAPTER II

OFFICERS, THEIR POWERS, DUTIES AND FUNCTIONS

Director and Settlement Officers

3. (1) The Government may appoint a Director to carry out the settlement
operations and to perform the duties and discharge the functions assigned to him
by or under this Act.

(2) The Government may appoint one or more Settlement Officers to perform
the duties and discharge the functions assigned to them by or under this Act.

(3) Every Settlement Officer shall be subordinate to the Director who shall
have power to cancel or revise any of the orders, acts or proceedings of the
Settlement Officer.

Power to take evidence on oath, etc.

4. The Director and the Settlement Officer shall, for the purposes of this Act,
have the same powers as are vested in a Court under the Code of Civil Procedure,
1908 (5 of 1908) while trying a suit, in respect of the following matters, namely: -

(i) summoning and enforcing the attendance of any person and

examining him on oath;

(ii) requiring the discovery and production of document;

(iii) receiving evidence on affidavit;

(iv) issuing commissions for the examination of witnesses or for local

investigation;

and any proceeding before the Director or the Settlement Officer shall be deemed to
be a judicial proceeding within the meaning of sections 193 and 228 of the Indian
Penal Code (45 of 1860) and for the purposes of section 196, of the said Code.
 479

Power to enter upon land

5. The Director, Settlement Officer or any of the subordinates of such officers

may enter upon any land with such other officers and persons as he considers
necessary and make a survey and take measurements thereof or do any other act
which he considers necessary for carrying out the purposes of this Act:

Provided that no person shall enter into any land, building or upon any
closed court or garden attached to a dwelling house unless with the consent of the
occupier thereof, without giving such occupier at least twenty- four hours notice
and in making such entry due regard shall be had to the special and religious
sentiments of the occupier.

CHAPTER III

SETTLEMENT AND ASSESSMENT

Settlement and resettlement

6. (1) The Government may, at any time, direct a settlement in respect of any
land for which survey operations have been taken up under the provisions of the
Puducherry Survey and Boundaries Act, 1967 (Act No. 8 of 1967).

(2) The Government may also direct at any time a fresh settlement
(hereinafter referred to as resettlement) of the assessment of such land:

Provided that no enhancement of assessment shall take effect before the

expiration of the settlement for the time being in force.

Determination of assessment

7. (1) The assessment on all lands in respect of which a settlement or

resettlement has been directed under section 6 shall be determined by dividing the
land to be settled into groups and sub-dividing each group into classes and fixing
the rates for each group or class, as the case may be.

(2) The groups and classes shall ordinarily be formed on a consideration of

the following factors, namely: -

(a) soil and physical configuration;

(b) yield of principal crops and their prices;
(c) facilities of irrigation and rainfall:
 480

Provided that, if deemed necessary, the following additional factors may also
be taken into consideration for forming groups or classes, namely: --

(a) marketing facilities;

(b) agricultural resources;

(c) communications;

(d) population and supply of labour;

(e) wages and ordinary expenses for cultivation of principal crops; and

(f) sale value of lands used for agriculture.

(3) The assessment of individual survey numbers and sub-divisions shall be

based on the rates fixed for the respective groups and classes.

Manner of making settlement or resettlement

8. (1) In making a settlement or resettlement, the Settlement Officer shall—

(a) divide the lands to be settled into groups and classes; and
(b) fix the rates of assessment for each group or class.

(2) Before lands are divided or rates fixed under sub-section (1), the
Settlement Officer shall hold such enquiry as he considers necessary for the purpose
and in such manner as may be prescribed.

(3) In fixing the rates according to sub-section (1), regard shall be had to the
cost of agricultural land, to the profits of agriculture, consideration paid for leases,
sale prices of land and the principal moneys on mortgages, and in the case of non-
agricultural land to the value of the land for the purposes for which it is held.

(4) The settlement Officer shall submit to the Government through the
Director a report (hereinafter referred to as the Scheme Report) containing
proposals for settlement in respect of each zone.

(5) The Government shall, after considering the scheme Report and the
comments thereon, if any, of the Director, approve the Scheme Report with or
without modification.
 481

(6) No Scheme Report approved by the Government under subsection (5),

shall be brought into force unless it has been laid before the Legislative Assembly of
Puducherry and has been approved by a resolution of that Assembly either with or
without modification, but upon such approval being given, the Scheme Report shall
be published in the Official Gazette in the form in which it has been so approved.

(7) The Government, while publishing the Scheme Report under

sub-section (6), shall also specify the fasli from which the settlement covered by the
Scheme Report shall be introduced by Settlement Officer.

Term of settlement and reduction, suspension or remission of

assessment

9. (1) A settlement introduced under section 8 shall remain in force for a

period of thirty years:

Provided that, when, in the opinion of the Government, a fresh settlement at

the expiration of thirty years is inexpedient or has for any cause been delayed, the
Government may extend the term of the settlement for the time being in force for
such period as it may think fit.

(2) Notwithstanding anything contained in sub-section (1), the Government

may, in accordance with general or special orders made in this behalf, grant
reduction, suspension or remission in whole or in part of the assessment in any area
in any year due to failure of crops, floods, or any other natural calamity or any
reason whatsoever.

Registration of porambokes

10. All lands at the disposal of the Government and all Government lands
which are in the possession and enjoyment of the Communes on the date of
commencement of this Act and which are used or which may be required for
communal, public or Government purposes shall be registered as porambokes
during the settlement:

Provided that such of the Government lands, as are at the disposal of the
Communes for remunerative purposes and assessed to land tax before the
commencement of this Act shall be registered in the holding of the respective
Communes on such terms and conditions as may be prescribed.
 482

Liability for payment of assessment to Government

11. Every registered holder shall, for each fasli commencing from the fasli in
which settlement is introduced, be primarily liable to pay to the Government in
respect of all lands included in his holding, the assessment fixed under this Act:

Provided that the payment of assessment under this section shall not affect
any right or obligation of religious, charitable or educational institutions in respect
of manyam lands.

Power to impose additional assessment or levy on trees

12. Notwithstanding anything contained in this Act, the Government may, at

any time during the settlement for the time being in force,-

(a) impose additional assessment, not exceeding twice the amount of

highest wet rate of assessment in force, for additional advantages accruing to any
land on which wet crops are or may hereafter be raised, from water received on
account of execution of fresh irrigation works or improvements effected by the
Government in existing irrigation works completed after the introduction of the
settlement, or by intercepting surface rain water or water flowing to any recognised
source of irrigation;

(b) impose whatever additional assessment or ground rent on all sites of

buildings and the appurtenances thereto situated within the limits of Municipal
towns and other areas declared as towns by a notification and on all lands used for
non-agricultural purposes, whether built upon or not, similarly situated, at a
specified rate not exceeding Rs.62.50 P. per hectare for the purpose.

(c) impose a levy on all fruit bearing trees standing on porambokes, waste
and other lands at the disposal of the Government, at a rate not exceeding Rs.10 per
tree, such levy being payable to the Government by persons who enjoy the benefits
arising out of such trees.
 483

CHAPTER IV

LAND RECORDS

Settlement Register and Register of Rights

13. (1) The Settlement Officer shall, for every village or for every such local
area as may be specified in this behalf by the Government by a notification,
prepare:--

(a) a Settlement Register; and

(b) a Register of Rights, showing the consolidation of all the lands in the
village or local area, holding-wise.

(2) The Settlement Register and the Register of Rights shall be prepared on
the basis of survey records in such language and in such form and manner as may
be prescribed and shall include the following particulars:

(i) survey number and subdivision of the land;

(ii) the extent of land and assessment due thereon;
(iii) the name of the registered holder;
(iv) the name of the tenant, if any, cultivating the land; and
(v) such other particulars as may be prescribed.

Procedure for finalisation of the Register of Rights

14. (1) As soon as may be after the completion of the preparation of the
Register of Rights for each village or local area, the Settlement Officer shall send to
every person whose name is entered in the said register an extract of the entries
relating to him and inform him of the date on or before which he should file his
objections, if any, with the officer specified in this behalf by the Settlement Officer
and such date shall also be published by notification and in such manner as may be
prescribed.

(2) Any person aggrieved by the entries in the Register of Rights either on the
ground that the entry in respect of particulars relating to him is incorrect or on the
ground that his name or other particulars relating to the land which has been let for
cultivation and in which he has interest either as registered holder or tenant have
been omitted to be included in the said Register may file his objections containing
such particulars as may be prescribed and shall be accompanied by the documents
relied on by the objector as evidence in support of his claim.
 484

(3) On the expiry of the period allowed for filing objections, the Settlement
Officer shall:

(i) if no objection has been filed with him, finalise the Register of Rights
after making such enquiry as he deems fit in the village or local area concerned; or
(ii) if objections have been received by him, fix a date for enquiry and
enquire into the objections after giving sufficient notice to the objectors and other
persons interested and pass such order as he deems fit together with brief reasons
therefor, and finalise the Register of Rights after making alterations, if necessary, on
the basis of orders passed by him.

(4) The enquiry under sub-section (3) shall be conducted in such manner as
may be prescribed.

Publication of approved Register of Rights and revision of Settlement

Register

15. (1) As soon as may be after the finalisation of the Register of Rights, the
Settlement Officer shall publish it in the manner prescribed and the Register so
published shall be called the approved Register of Rights.

(2) The Settlement Officer shall revise the Settlement Register on the basis of
the approved Register of Rights.

(3) The extract of the relevant entries of the approved Register of Rights, duly
certified by the prescribed authority, shall be admissible in evidence before any
court or tribunal.

Modification or inclusion in the approved Register of Rights

16. (1) Where any person claims that in respect of any land already included
in the approved Register of Rights any modification is required in respect of the
entries in the said register, either by reason of death of any person or by reason of
transfer of interest or by reason of any other subsequent change in the holding, he
shall apply to such officer as may be specified in this behall by the Collector, for
modification of the relevant entries in the approved Register of Rights.

(2) An application under sub-section (1) shall contain such particulars as may
be prescribed and shall be accompanied by documents relied on by the applicant as
evidence in support of his claim.
(3) The officer specified under sub-section (1) shall, after following such
procedure as may be prescribed and after giving the person or person interested in
the land to which the particular entry relates an opportunity of being heard, pass
 485

such orders as he deems fit, either rejecting or allowing the claims made in the
application and in the event of the claim being allowed the Register of Rights shall
be modified accordingly.

(4) Every order passed under sub-section (3) shall contain brief reasons
therefor.
Person acquiring by succession etc., to furnish information

17. (1) Any person acquiring by succession, survivorship inheritance,

partition, purchase, gift, mortgage, lease or otherwise any right in a land or where
such person acquiring the right is a minor or otherwise disqualified, his guardian or
other person having charge of his property shall report in writing his acquisition of
such right to such officer as may be specified in this behalf by the Collector, within
three months from the date of such acquisition and the said officer shall at once give
a written acknowledgement of the receipt of the report to the person making it:

Provided that any person acquiring the right by virtue of a registered

document shall be exempted from the obligation to report to the said officer.

(2) Any person who fails to make a report as required by sub-section (1) shall
be liable to pay such penalty not exceeding twenty-five rupees as may be fixed by
the Collector and the amount payable as penalty shall be recoverable as an arrear of
land revenue:

Provided that no penalty shall be imposed under this sub-section without

giving to the person concerned a reasonable opportunity of being heard.

Procedure on acquisition of right through documents registered

18. No document by virtue of which any person acquires a right in any land
as registered holder, occupant, owner, mortgagee, lessee or tenant or assignee, of
the rent or revenue thereunder shall be registered under the Indian Registration
Act, 1908 (12 of 1908), unless the person liable to pay the registration fees also pays
to the Registering authority such fees as may be prescribed for making the
necessary entries in the approved Register of Rights and other connected registers
and on the registration of such document the registering authority shall make a
report of the acquisition of the right to the officer specified by the Collector under
sub-section (1) of section 17 in the manner prescribed.

Register of Mutations

19. (1) There shall be maintained for every village a Register of mutations in
such form as may be prescribed.
 486

(2) On receipt of a report under sub-section (1) of section 17 or under

section 18, the officer specified by the Collector under sub-section (1) of section 17
shall correct the entries in the approved Register of Rights after making such
enquiries as are necessary, and after hearing objections, if any. Any such correction
made shall be communicated by the said officer to all persons who from the
Register of Rights or the Register of Mutations appear to be interested in the
mutation and to any other person whom the said officer has reason to believe to be
interested therein.

(3) The entries effected in the approved Register of Rights in accordance

with sub-section (2) shall be tested and certified by such officer as may be specified
by the Collector in this behalf.

Certified copies

20. Certified copies of extracts or entries in the approved Register of Rights

and the Settlement Register may be granted to any person interested therein by
such officer and on payment of such fees as may be prescribed.

Appeal

21. (1) Any person aggrieved by any order made under this Act may appeal,

(i) if such order is made under clause (ii) of sub-section (3) of section 14, to
the Director; and

(ii) if such order is made under sub-section (3) of section 16 or in the case
of a correction made under sub-section (2) of section 19, to the Collector.

(2) Every appeal under sub-section (1) shall be preferred within thirty
days of the date of receipt of order appealed against and the Director or the
Collector, as the case may be, after giving the parties concerned an opportunity of
being heard, pass such order as he deems fit.

(3) Every order, made by the Director or the Collector shall, subject to
section 22, be final.

Revision
22. *[The Secretary may, of his own motion or on the application of any
person affected, call for and examine the record of the appellate authority in respect
of any proceedings under section 21 and pass such order as he may deem fit:
 487

Provided that the Secretary shall not pass any order prejudicial to any person
unless he has been given a reasonable opportunity of being heard].

[**]

CHAPTER V
MISCELLANEOUS

Correction of mistakes in records

23. (1) The Director or the Settlement Officer may either of his own motion or
on the application of any person:-
(a) if he is satisfied that a bona fide mistake has been made in regard to
any decision or proceedings under this Act, make or cause to be made the necessary
correction thereon;
(b) at any time correct or cause to be corrected any clerical or arithmetical
mistake in any such decision or proceeding.

(2) The Collector may, at any time during the currency of the settlement,
correct any error in the area or assessment of any Survey number or sub-division
due to a mistake of survey or arithmetical miscalculation:

Provided that no arrears of land revenue accruing to the Government or

refund thereof to the registered holder shall become payable by reason of such
correction.
Delegation of powers
24. The Government may, by notification, direct that any power or function
exercisable by the Settlement Officer under this Act or the rules made thereunder
shall, in relation to such matters and subject to such conditions as may be specified
in such notification, be exercisable also by such other officer as may be specified in
such notification.

________________________________________________________________________
* Substituted vide Act No.5 of 2006, section 3, w.e.f 30.10.2006.
** Section 4 of Act No. 5 of 2006 reads as follows:-
Transitory provisions:-
“4. Notwithstanding anything contained in section 22 of the principal Act, any revision preferred thereunder and
pending at the commencement of this Act, shall after such commencement, be transferred to and disposed of by the officer or
authority who has jurisdiction to entertain such revision, as if it had been in force on the date on which such revision was
preferred.”
 488

Bar of suits in Civil Courts

25. (1) No suit shall lie in any civil court to set aside or modify any
assessment made under this Act.

(2) Except as otherwise provided in this Act, the decision of any authority or
officer under this Act shall be final and no civil court shall have jurisdiction to
decide or deal with any question which by or under this Act is required to be
decided or dealt with by the authorities or officers under this Act.

Protection of action taken in good faith

26. No suit, prosecution or other legal proceedings shall lie against the
Government, the Director, the Settlement Officer, or any other officer empowered
by or under this Act 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.

Power to make rules

27. (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 manner of holding enquiry under sub-section (2) of section 8.

(b) the terms and conditions subject to which the lands in the holding of the
communes shall be registered under section 10;

(c) the language, form and the manner in which the records shall be prepared
and such other particulars which the record shall contain under sub-section (2) of
section 13;

(d) the manner in which the notification under sub-section (1) of section 14
shall be published;

(e) the particulars to be given while filing the objections under sub-section (2)
of section 14;

(f) the manner of conducting enquiry under sub-section (4) of section 14;
 489

(g) the manner in which the Register of Rights shall be published

under sub-section (1) of section 15;

(h) the particulars to be given in an application under subsection (2) of

section 16;

(i) the procedure to be followed by the officer under subsection (3) of

section 16;

(j) the fees to be paid for making entries in the approved Register of
Rights and the manner in which the report shall be made by the registering
authority under section 18.

(k) the form of the Register of Mutations under sub-section (1) of

section 19.

(1) the officer by whom and the fees on payment of which certified
copies may be granted under section 20; and

(m) any other matter which under this Act is to be, or may be,
prescribed.

(3) 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 or
more successive sessions, and if before the expiry of the session in which it is so
laid, or the sessions aforesaid, the Legislative Assembly makes any modification in
the rule or decides that the rule should not be made, the 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.

Amendment to Act 8 of 1967

28. In the Puducherry Survey and Boundaries Act, 1967(Act 8 of 1967),
Chapter III (sections 15 to 23 both inclusive) shall be deleted.

Certain assessments to continue

29. Notwithstanding anything contained in this Act all assessment rates in
force at the commencement of this Act shall be deemed to have been determined
and introduced in accordance with the provisions of this Act and shall remain in
force until the introduction of assessment rates under this Act and such rates may
be introduced at any time after the commencement of this Act.
 490

Repeal and savings

30. (1) As from the date of commencement of this Act, all laws in force in the
Union territory including the Deliberations dated 13th November, 1910 and 11th
December, 1912, the Decree dated 27th June, 1912 and the Arrete dated 21st
January, 1910, in so far as they make provisions for matters concerned by this Act,
shall stand repealed.

(2) The repeal by sub-section (1) shall not affect:-

(a) the previous operation of any such law or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under any such law; or
(c) any fine, penalty, forfeiture or punishment incurred in respect of any
offence committed against any such law; or
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as
aforesaid;

and any such investigation, legal proceeding or remedy may be instituted,

continued or enforced and any such fine, penalty, forfeiture or punishment may be
imposed as if this section had not been in force.

(3) Subject to the provisions of sub-section (2), anything done or any action
taken, including any appointment made, notification, order, instruction or direction
issued or any rule or form framed under any such law shall be deemed to have
been done or taken under this Act and shall continue to have effect accordingly,
unless and until superseded by anything done or any action taken under this Act.

Power to remove difficulty

31. If any difficulty arises in giving effect to the provisions of the Act, the
Government may, by general or special order, do anything not inconsistent with
such provisions which appear to the Government to be necessary for the purpose of
removing the difficulty:

Provided that no such order shall be made under the section after the
expiration of two years from the publication of this Act in the Official Gazette.

_______
 491

STATEMENT OF OBJECTS AND REASONS FOR ACT 28 OF 1970

A system of Land Tax, Land Records and classification operations of land are
governed in this Union territory by the following Deliberations and Arrete:-

Deliberations dated 9th December, 1909 relevant to the Survey of Puducherry.

Deliberations dated 13th November 1910 relevant to the Land Tax in the
Puducherry Settlements.

Decree dated 27-6-1912 approving these Deliberations up to 31-12-1913.

Arrete dated 21-1-1910 on the Survey classification operation of land, and

finally adopted the provisions of substance of the Deliberations dated 11-
12-1912.

According to the substance and provisions of the Deliberations referred to,

the land tax was being fixed once in ten years by a Commission set up for this
purpose. Reclassification operations under the French law are already overdue. The
working group of Land Reforms had also considered it necessary to have a
classification of soil and the rate of assessment fixed.

The Survey of Puducherry has been undertaken under the provisions of the
Puducherry Survey and Boundaries Act, 1967 (8 of 1967). Revenue follow-up is
essential and consequently Settlement operations ensue. The existing Land Records
maintained do not reflect the actual state of agricultural structure and other
economic conditions since there had been no fixity of tenures and no regular agency
to make the records up-to-date.

At the instance of the Government of India a chapter comprising of sections

15 to 23 on Land Records was adopted in the Puducherry Survey and Boundaries
Act, 1967. The provisions of the third chapter followed the pattern of the Tripura
State, and they are now found to be not suitable to this Union territory, where the
tenure and custom is different from that of the Tripura State. This chapter, is now
sought to be deleted and appropriate provisions for the preparation of Land
Records are sought to be made in this Bill. In order to introduced a uniform system
of Revenue Administration on the lines obtainable in the surrounding areas of
Tamil Nadu, Kerala and Andhra Pradesh, and to have a classified records with up-
to-date details and,
 492

basic date of all agricultural lands, etc., which are an essential prerequisite for
implementing the various plan outlays and reformatory measures in accordance
with the avowed policy of the Government of India in this regard, preparation of a
settled account at the village level based on the survey records prepared under Act
8 of 1967 is found absolutely necessary.

The present Bill gives effect to the above proposals.

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 5 OF 2006

By virtue of section 22 of the Puducherry Settlement Act, 1970, the

Government exercises the revisional authority of its own motion or on the
application of any person affected by the Orders of the Appellate Authority in
respect of any proceedings under section 21 of the Act, Now, it is proposed to
confer this revisional powers to the Secretary to the Government of Pondicherry
(Revenue and Disaster Management) and to provide for amendments accordingly
to section 2 and 22 of the Act. It is also proposed to provide for consequential
transitory provisions.

The Bill seeks to achieve the above objects.

_______
 493

THE PUDUCHERRY LAND ENCROACHMENT ACT, 1970

(No. 2 of 1971)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement.

2. Definitions.
3. Right of property in public roads, etc., waters and lands.
4. Levy of assessment of lands unauthorisedly occupied.
5. Conclusiveness of decision as to amount of assessment.
6. Liability of person unauthorisedly occupying land to penalty after
notice.
7. Notice before proceeding under section 6.
8. Recovery of assessment or penalty levied as arrears of land revenue.
9. Appeal.
10. Revision.
11. Stay pending decision in appeal or revision.
12. Limitation for appeal and application for revision.
13. Document accompanying petition of appeal or application for revision.
14. Saving of operations of other laws in force.
15. Saving of suits by persons aggrieved by proceedings under the Act.
16. Certain persons deemed to be in unauthorised occupation of land.
17. Saving of lands claimed by right of escheat or reversion.
18. Power to make rules.
19. Power to remove difficulties.
20. Repeal and saving.

_______
 494

THE PUDUCHERRY LAND ENCROACHMENT ACT, 1970

(Act No. 2 of 1971)
8 th February, 1971
AN ACT

to provide measures for checking unauthorised occupation of lands which

are the property of Government 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 Land Encroachment Act, 1970.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date1 as the Government may, by
notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires,-

(a) “Government” means the Administrator of the Union territory of

Puducherry appointed by the President under article 239 of the Constitution;

(b) “prescribed” means prescribed by rules made under this Act;

(c) “Union territory” means the Union territory of Puducherry.

Right of property in public roads, etc., water and lands

3. (1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and
fences, on or beside the same, the bed of the sea and of harbours and creeks below
high water mark and of rivers, streams, lakes and tanks, all back-waters, canals and
water courses, and all standing and flowing water and all lands, wherever situated
save in so far as the same are the property -

________________________________________________________________________
[Link] Act came into force on the 1st day of July, 1971 vide Notification No.E. 829/68 Revenue-i dated 26-6-1971 -
Extraordinary Gazette No.69 dt. 28-6-1971.
 495

(a) of any person holding under ryotwari tenure or in any way subject to the
payment of land tax direct to Government, or

(b) of any other person holding land under grant from the Government
otherwise than by way of lease or licence,

and, as to lands, save also in so far as they are temple site or owned as house- site or
backyard, are, and are hereby declared, to be, the property of Government except as
may be otherwise provided by any law for the time being in force, subject always to
all rights of way and other public rights and to the natural and easement rights of
other land-owners, and to all customary rights legally subsisting.

(2) All public roads and streets and sites vested in any local authority shall,
for the purposes of this Act, be deemed to be the property of Government.

Explanation: -- In this section, “high water mark” means the highest point
reached by ordinary spring tides at any season of the year.

Levy of assessment of lands unauthorisedly occupied

4. Any person who shall unauthorisedly occupy any land which is the
property of Government shall be liable to pay by way of assessment:-

(i) if the land so occupied forms an assessed survey number or part thereof,
the full assessment of such number for the whole period of his occupation or a part
thereof proportionate to the area occupied, as the case may be;

(ii) if the land so occupied be unassessed, an assessment on the area occupied

calculated for the same period at the rate imposed on lands of a similar quality in
the neighbourhood, or at the highest dry or wet rate of the village, as the case may
be, or when no such rates exist in such manner as may be prescribed:

Provided that payment of assessment under this section shall not confer any
right of occupancy.

Explanation. --- For the purposes of this section, occupation for an

incomplete portion of a year may be deemed to be occupation for a whole year.
 496

Conclusiveness of decision as to amount of assessment

5. The decision as to the rate or amount of assessment payable under section

4 shall be recorded in writing and shall not be questioned in any civil court.

Liability of person unauthorisedly occupying land to penalty after notice

6. Any person liable to pay assessment under section 4 shall also be liable at
the discretion of the Deputy Collector (Revenue) or subject to his control, the
Tahsildar or Deputy Tahsildar, as the case may be, to pay in addition by way of
penalty:-

(i) If the land be assessed land, a sum not exceeding five rupees or, when
ten times the assessment payable for one year under section 4 exceeds five rupees, a
sum not exceeding ten times such assessment:

Provided that no penalty shall ordinarily be imposed in respect of the

unauthorised occupation of such land for any period not exceeding one year:

(ii) if the land be unassessed, a sum not exceeding ten rupees, or when
twenty times the assessment payable for one year under section 4 exceeds ten
rupees, a sum not exceeding twenty times such assessment.

Notice before proceeding under section 6

7. Before taking proceedings under section 6, the Deputy Collector

(Revenue), or the Tahsildar or Deputy Tahsildar or Revenue Inspector, shall cause
to be served in the prescribed manner on the person reputed to be in unauthorised
occupation of land being the property of Government, a notice specifying the land
so occupied and calling on him to show cause before a certain date why he should
not be proceeded against under section 6:

Provided that where the notice under this section is caused to be served by
the Revenue Inspector, he shall require the person reputed to be in unauthorised
occupation of the land to show cause against such notice to the Tahsildar or Deputy
Tahsildar having jurisdiction and shall also make a report in writing containing
such particulars as may be prescribed.
 497

Recovery of assessment or penalty levied as arrears of land revenue

8. The amount of assessment and penalty imposed under this Act on any
person unauthorisedly occupying any land shall be deemed to be land revenue and
may be recovered from him as arrears of land revenue under the law relating to
recovery of land revenue for the time being in force.

Appeal
9. An appeal shall lie,:-

(a) to the Deputy Collector (Revenue) against any decision or order passed
by a Tahsildar or Deputy Tahsildar, as the case may be, under this Act,

(b) to the Collector from any decision or order of the Deputy Collector
(Revenue) passed otherwise than on appeal, and

(c) to the Government from any decision or order of the Collector passed
otherwise than on appeal.

Revision

10. (1) Any decision or order passed under this Act may be revised either suo
motu or on application:-

(a) by the Collector if such decision or order was passed by the

Deputy Collector (Revenue) or a Tahsildar or Deputy Tahsildar,:

(b) by the Government if such decision or order was passed by the

Collector.

(2) The power conferred by sub-section (1) shall not be exercised except on
the ground that the Officer or authority whose decision or order is sought to be
revised appears to have exercised a jurisdiction not vested in him by law, or to have
failed to exercise a jurisdiction so vested or to have acted in exercise of his
jurisdiction illegally or with material irregularity.

(3) No decision or order shall be passed under sub-section (1) prejudicial to

any person without giving such person a reasonable opportunity of making any
representation that he may desire to make and such representation, if any, shall be
taken into consideration before such decision or order is passed.
 498

Stay pending decision in appeal or revision

11. Pending the disposal of any appeal or application or proceedings for

revision under this Act, the Deputy Collector (Revenue), Collector, or the
Government, as the case may be, may, by order and subject to such conditions as
may be specified therein, stay the execution of the decision or order appealed
against or sought to be revised.

Limitation for appeal and application for revision

12. (1) No appeal shall be preferred under section 9 after the expiration of
thirty days from the date on which the decision or order appealed against was
received by the appellant.

(2) No application for revision shall be preferred under sub-section (1) of

section 10 after the expiration of thirty days from the date on which the decision or
order sought to be revised was received by the applicant.

(3) In computing the period of thirty days referred to in sub-sections (1) and
(2), the time required to obtain a copy of the decision or order appealed against or
sought to be revised shall be excluded.

(4) Notwithstanding anything contained in sub-sections (1) and (2), the

officer or the Government may admit an appeal or application preferred after the
period specified therein, if such officer or the Government is satisfied that the
appellant or the applicant had sufficient cause for not preferring the appeal or
application within that period.

Document accompanying petition of appeal or application for revision

13. Every petition or appeal or application for revision under this Act shall be
accompanied by the decision or order appealed against or sought to be revised or
by an authenticated copy of the same.

Saving of operations of other laws in force

14. Nothing contained in this Act shall be construed as exempting any person
unauthorisedly occupying land from liability to be proceeded against under any
law for the time being in force:

Provided that if any penalty has been levied from any person under section
6, no similar penalty shall be levied from him under any other law in respect of
such occupation.
 499

Saving of suits by persons aggrieved by proceedings under the Act

15. Nothing contained in this Act shall be held to prevent persons deeming
themselves aggrieved by any proceedings under this Act except as herein before
provided, from applying to the Civil Courts for redress:

Provided that the civil courts shall not take cognizance of any suit instituted
by such person for any such cause of action unless such suit shall be instituted
within six months from the time at which the cause of action arose.

Explanation: -- The cause of action shall be deemed to have arisen in respect

of any assessment or penalty, on the date on which such assessment or penalty was
levied.

Certain persons deemed to be in unauthorised occupation of land

16. Where a lease of land which is the property of Government expires or is

terminated by the Government or any other authority competent in that behalf, the
lessee or any other person remaining in possession of the land after such expiry or
termination, or where land granted to any person is liable to be resumed by the
Government for the breach or non-observance of any of the conditions subject to
which the grant is made and the Government or any other authority competent in
that behalf has passed orders resuming the land for such breach or non-observance,
the grantee or any other person remaining in possession of the land after the
passing of those orders, shall for the purposes of sections 4 to 14, be deemed to be a
person unauthorisedly occupying such land.

Saving of lands claimed by right of escheat or reversion

17. Nothing in this Act save as provided in section 16 shall apply to any
lands claimed by right of escheat or reversion until such lands have been reduced
into possession by the Government.

Power to make rules

18. (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 the following matters, namely: -
 500

(a) the rates of assessment leviable under section 4;

(b) the manner and procedure for imposition of penalties under
section 6;
(c) the manner of declaring that any particular land or class of lands
which are the property of Government shall not be open to occupation;
(d) the mode of service of notices under this Act;
(e) the procedure to be followed in appeals and revisions under this
Act and the fees to be paid in respect of such appeals and revisions; and
(f) any other matter which under this Act is to be, or may be
prescribed.

(3) Every rule made under this Act shall, as soon as may be after it is made,
be laid before the Legislative Assembly, 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 the rule should not be made, the 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.

Power to remove difficulties

19. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by general or special order to be notified in the Official Gazette
do anything not inconsistent with the provisions of this Act which appears to the
Government to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made under this section with reference
to any matter relating to any provision of this Act after the expiration of two years
from the date of the commencement of this Act.

Repeal and saving

20. (1) All laws in force (including the Decree dated 18th May, 1920) in the
Union territory corresponding to the provisions of this Act shall, as from the
commencement of this Act, stand repealed.
 501

(2) The repeal by sub-section (1) of any law in force in the Union territory
immediately before the commencement of this Act shall not affect –

(a) the previous operation of any such law or anything duly done or
suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under any such law; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against any such law; or
(d) any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment
as aforesaid;

and any such investigation legal proceeding or remedy may be instituted,

continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed.

(3) Subject to the provisions of sub-section (2) anything done or any action
taken, including any appointment or delegation made, notification, order,
instruction, or direction issued, rule, regulation or form framed, certificate granted
or registration effected under any such corresponding law shall be deemed to have
been done or taken under the corresponding provisions of this Act and shall
continue in force accordingly, unless and until superseded by anything done or any
action taken under this Act.
________

STATEMENTS OF OBJECTS AND REASONS FOR ACT 2 OF 1971

The Public premises (Eviction of Unauthorized Occupants) Act, 1958 came

into force in this Union territory under the Puducherry (Laws) Regulation, 1963
from 1.10.63.

While eviction of unauthorized occupants is possible under that Act, there is

no provision either in the said Act or in any of the existing laws for levy and
collection of land assessment and penalty on the encroached lands. This is sought to
be remedied by the present Bill. The Bill is intended to be in operation
simultaneously with the said Act and in that sense will be supplementary and
complementary to it.

_______
 502

THE PUDUCHERRY STATE AID TO INDUSTRIES ACT, 1970

(No. 3 of 1971)
________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Director of Industries.
4. Constitution of Board of Industries.
5. No aid except in accordance with the provisions of the Act.
6. Industries to be aided.
7. Method of giving State aid.
8. Application for State aid and procedure in dealing with applications.
9. Grant of loans.
10. Loans how secured.
11. Prohibition of transfer of property without permission of the
sanctioning authority.
12. Court not to attach, sell, etc., without permission of the sanctioning
authority.
13. Inspection and returns.
14. Control of business assisted.
15. Repayment of loans.
16. Subscriptions for shares or debentures or on capital.
17. Subsidy by the government.
18. Disposal of profits when condition of State aid is not fulfilled.
19. Grant of aid to cottage industries by Government.
20. Power of Government to call for records and pass orders.
21. Method of recovery of money due.
22. Exemption.
23. Power to make rules.
24. Powers of the Government as regards starting or conducting industries
and giving aid of certain kinds.
25. Repeal and saving.

______
 503

THE PUDUCHERRY STATE AID TO INDUSTRIES ACT, 1970

(Act No. 3 of 1971)
10th February, 1971.
AN ACT

to regulate State Aid to Industries 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 State Aid to Industries Act,
1970.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date 1 as the Government may, by
notification in the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires,--

(a) “Board” means the Board of Industries constituted under section 4;

(b) “cottage industry”, means an industrial business or enterprise carried on

in any premises to which the Factories Act, 1948 (Central Act No. 63 of 1948) does
not apply and includes dairy farming, bee-keeping and poultry farming;

(c) “Government” means the Administrator of the Union territory appointed

by the President under article 239 of the Constitution;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “Sanctioning Authority” means any authority, officer or other person

authorised to grant aid by or under this Act;

(f) “small-scale industry” means an industrial business or enterprise the

capital invested in which does not exceed five lakhs of rupees;

________________________________________________________________________
1. The Act came into force on the first day of April 1971 vide Notification in Gazette No. 13, dated 30th March, 1971.
 504

(g) “transfer” with all its grammatical variations and cognate expressions
includes sale, exchange, mortgage, charge, lease or gift;

(h) “Union territory” means the Union territory of Puducherry;

(i) “village industry” means any industry which forms the normal
occupation, whether whole time or part-time, of any class of the rural population of
the Union territory.
Appointment of Director of Industries

3. The Government may, by notification in the Official Gazette, appoint any

officer to perform all or any of the functions of the Director of Industries under this
Act.
Constitution of Board of Industries

4. (1) The Government shall constitute, by notification in the Official Gazette,

a Board of Industries consisting of the following seven members, namely:-

(i) Secretary to Government, Revenue and Development Department,

Puducherry ex-officio;

(ii) Secretary to Government, Finance Department, Puducherry ex-

officio;

(iii) Director of Industries, Puducherry ex-officio;

(iv) One member of the Legislative Assembly, Puducherry, nominated

by the Speaker;

(v) One representative of the Chamber of Commerce, Puducherry,

nominated by the Government;

(vi) Two representatives of the small-scale industrialists, nominated

by the Government.

(2) The Secretary to Government, Revenue and Development Department

shall be the Chairman and the Director of Industries shall be the Secretary of the
Board.

(3) The Board shall advise the Government in dealing with applications
for the grant of State aid under this Act.
 505

(4) No member shall vote on, or take part in, the discussion of any question
coming up for consideration at a meeting of the Board if the question is one in
which he has any direct or indirect pecuniary interest by himself or his partner or in
which he is interested professionally on behalf of a client or as agent for any person
other than the Government or a local authority.

No aid except in accordance with the provisions of the Act

5. No aid shall be given by the Government to any industrial business or

enterprise except in accordance with the provisions of this Act.

Industries to be aided

6. (1) The industries to which aid may be given under this Act shall be such
as have an important bearing on the economic development of the country and
shall be—

(i) new or nascent industries, or

(ii) industries to be newly introduced into areas where such
industries are undeveloped, or
(iii) cottage industries, or
(iv) small-scale industries, or
(v) handicrafts industries, or
(vi) khadi and village industries, or
(vii) old or established industries.
(2) No such aid shall be given to any joint stock company unless-

(a) the same is registered in India on a rupee capital, and

(b) the company conforms to such rules as may be made by the
Government from time to time requiring that a maximum number or a proportion
of the members on its board of management shall be citizens of India.

(3) Every recipient of aid under this Act shall make such provision for the
training of apprentices as the Government may, from time to time, direct.

(4) The decision of the Government as to whether the conditions of this

section are fulfilled shall be final and shall not be called in question in any court of
law.
 506

Method of giving State aid

7. Subject to the provisions of this Act and of the rules framed thereunder,
the Government shall have power to give aid to an industrial business or enterprise
in one or more of the following ways:-

(a) by granting a loan;

(b) by paying a subsidy for the conduct of research or for the purchase
of implements or machinery or for any other specific purpose;

(c) by subscribing for shares or debentures;

(d) by making a grant on favourable terms of land, raw material,

firewood or water, which is the property of the Government;

(e) by supplying at concessional rates electric energy from a source

which is the property of the Government.

Application for State aid and procedure in dealing with applications

8. (1) Any person desiring to obtain a loan or other aid for any industrial
business or enterprise shall make his application to the Director of Industries in
such form and shall furnish such information concerning his business as may be
prescribed.

(2) If the extent of the aid applied for exceeds rupees fifty thousand and in
any other case in which the Government considers this procedure necessary, the
Director of Industries shall publish a notice in the prescribed manner calling upon
any person who objects to the grant of the aid applied for to state his objections at a
time or place to be specified, and shall hear such objection and make such inquiry
as may be necessary.

(3) Every application for aid exceeding rupees ten thousand shall be placed
before the Board for advice.

(4) No aid shall be granted under this Act if the Board, by unanimous
resolution at a meeting, advises the rejection of the application for such aid.
 507

Grant of loans

9. No loan shall be granted of an amount exceeding 75 per cent of the net

value of the assets of the industrial business or enterprise and of any other property
offered as collateral security for the loan after deducting in both cases existing
encumbrances, such value to be ascertained by such person as may be appointed by
the Government and in accordance with rules as may be prescribed:

Provided that for the purpose of this valuation, the additional assets which
may be created by the expenditure of the sums granted as loan may be taken into
account to such extent as may be prescribed.

Loans how secured

10. (1) Every loan granted under this Act shall be secured by a mortgage
upon the whole or such portion of the assets of the business or enterprise as the
sanctioning authority may consider sufficient and where the whole of the assets of
the business or enterprise is, in the opinion of the sanctioning authority insufficient,
by such collateral security as may be required by the sanctioning authority and
shall bear interest payable on such dates and at such rates as the Government may
determine.

(2) Notwithstanding anything contained in sub-section (1), but subject to

such conditions, restrictions and limitations as may be prescribed, loans may be
granted under this Act, on the personal security of the applicant, and every such
loan shall bear interest payable on such dates and at such rates as the Government
may determine.

(3) Notwithstanding anything contained in sub-section (1), or sub-section (2),

the Government may direct that any loan granted under this Act to any industrial
business or enterprise shall not bear any interest.

Prohibition of transfer of property without permission of the sanctioning

authority

11. (1) Where after the commencement of this Act, any property has been
taken as security for any loan granted or any grant made under this Act, then,
notwithstanding anything to the contrary in any other law for the time being in
force or in the deed of transfer or other document relating to such property, the
same shall not be transferred without the written permission of the sanctioning
authority.
 508

(2) The sanctioning authority may, in its discretion, by order, permit the
transfer of any such property, if the transfer is made in furtherance of the purposes
for which the loan was granted or the grant was made, and the assets resulting from
the transfer are to be wholly utilised in furtherance of the said purposes.

Explanation.- When granting permission under this sub-section, the

sanctioning authority may impose such conditions as it may deem fit to ensure that
the assets resulting from the transfer are wholly utilised in furtherance of the
purposes for which the loan was granted or the grant was made.

(3) If any such property is transferred without such permission or in

contravention of any condition imposed by the sanctioning authority, the transfer
shall be null and void.

Court not to attach, sell etc., without permission of the sanctioning

authority

12. (1) No property referred to in section 11 shall be liable to be attached,

sold, or made subject to a charge by any court, whether in execution of a decree or
order or otherwise, unless the person seeking such relief from the court has
obtained the written permission of the sanctioning authority to do so and files such
permission in court.

(2) When granting such permission, the sanctioning authority may impose
such conditions as it may deem fit to secure, the proper repayment of the loan or
grant together with any interest chargeable thereon and cost, if any incurred.

(3) If any such property is attached or sold or a charge is created thereon, by

any court without the permission of the sanctioning authority having been obtained
and filed as aforesaid, or if any condition imposed by the sanctioning authority
when granting such permission is contravened, then, the attachment, sale or charge,
as the case may be, shall be null and void.

Inspection and returns

13. In any case in which a loan has been applied for under this Act, the
applicant, and at any time during the currency of a loan that has been granted
under it, the grantee, shall be bound—
 509

(a) to comply with any general or special order of the Government relating to
the inspection of the premises, buildings or plant or stock in hand of the industrial
business or enterprise;

(b) to permit the inspection of all accounts relating to the industrial business
or enterprise;

(c) to furnish full returns of all products manufactured or sold both as

regards description and quantity;

(d) to maintain such special accounts or to furnish such statements as the

Government may, from time to time, require;

(e) to submit the accounts of the industrial business or enterprise to such

audit as the Government may prescribe;

(f) to train such number of apprentices for such period as may be directed by
the Government.
Control of business assisted
14. In any case in which a loan or loans is or are granted under this Act
amounting to rupees two lakhs or upwards, the Government shall, and in any other
case may, by the appointment of Government Directors or otherwise, take power to
ensure such control over the conduct of the business or enterprise as shall suffice in
their opinion to safeguard their interests.

Repayment of loans
15. (1) Every loan granted under this Act shall be made repayable by
instalments within such period from the date of the actual advance of the loan, or
when the loan is advanced in instalments from the date of payment of the last
instalment, as may be fixed by the order granting the loan.

(2) The period fixed as aforesaid shall not exceed twenty years unless the
Government shall, by general or by special order, extend the same.

Subscriptions for shares or debentures or on capital

16. The condition of subscription for shares and debentures by the
Government on the capital of any industrial business or enterprise shall be that the
business or enterprise shall be subject to the provisions of section 13 in respect of
inspection and returns as well as of the provisions of section 14 in respect of
Government control.
 510

Subsidy by the Government

17. The condition of any payment under guarantee of a minimum return on
the paid-up capital or of the grant of Government land, raw material, firewood or
water on favourable terms, or of the supply from a Government source of electric
energy at concessional rates shall ordinarily be that an amount equal to the sum
paid or to the value of the grant or concession as fixed at the time when it is made
shall be repaid to the Government at the close of a fixed term of years if within that
term the industrial business or enterprise shall be shown to be paying interest or a
dividend upon the capital invested in excess of such rate as the Government may
fix.

Disposal of profits when condition of State aid is not fulfilled

18. No recipient of the State aid shall pay any dividend or distribute or take
any profits in excess of such percentage rate upon the amount of the capital of the
industrial business or enterprise as the Government may fix from time to time until
the conditions on which the state aid has been granted are fulfilled. The balance of
the profits, after setting aside proper amounts for depreciation or obsolescence of
plant and buildings, and for the payment of interest on debentures of loans, shall be
carried to a reserve fund to be utilised in such manner as the Government may
approve.

Grant of aid to cottage industries by Government

19. (1) The Government may, subject to such conditions, restrictions and
limitations as they think fit, grant aid, in accordance with such rules as may be
made under this Act for the purpose, to any cottage or small scale industries upto
an amount or value not exceeding rupees ten thousand without reference to the
Board.

(2) Subject to the rules that may be framed under this Act and to such other
conditions as may be imposed, the Government may authorise any officer to
sanction loans to any cottage or small scale industry upto the limit of rupees ten
thousand.

Power of Government to call for records and pass orders

20. The Government may call for and examine the record of any officer or
authority subordinate to them in respect of any proceeding to satisfy themselves as
to the regularity of such proceedings or the correctness, legality or propriety of any
decision or order passed therein and, if, in any case it appears to the Government
that any such decision or order should be modified, annulled, reversed, or remitted
for reconsideration, they may pass orders accordingly:
 511

Provided that the Government shall not pass any order prejudicial to any
party unless he has had a reasonable opportunity of making his representations.

Method of recovery of money due

21. (1) All moneys payable under this Act, including any interest chargeable
thereon, and cost, if any, incurred, if not paid when due, may be recovered from the
person aided and his surety, if any, under the law for the time being in force as if
they were arrears of land revenue.

(2) When any sum as aforesaid is paid by the surety or is recovered from him
or out of his property under sub-section (1), the Collector shall on the application of
the surety so far as possible, recover the same from the person aided and pay the
same to the surety.

Exemption

22. The Government may, having regard to the value of the assets of any
industrial business or enterprise or to the desirability of the Government
themselves granting aid directly to any industrial business or enterprise or if they
consider that it would not be in the public interest to apply all or any of the
provisions of this Act thereto, by order exempt, subject to such conditions as they
may think fit to impose, any industrial business or enterprise or class of industrial
businesses or enterprise as they may specify in the order, from all or any of the
provisions of this act or of any rule or order made thereunder.

Power to make rules

23. (1) The Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may prescribe –

(a) the classes of industrial businesses or enterprises to which and the

purposes for which aid may be given;

(b) the constitution of the Board, the term of office of its members, the
quorum at the Board’s meetings, the method of arriving at its decisions, the
appointment of its staff, the remuneration of its members and all other matters
relating to the conduct of its business;
 512

(c) the manner of making applications for State aid and the information to be given
in such applications, provided that no such rules shall require any applicant or grantee of
aid to divulge any information relating to the technical details of any process or any patent
owned by him;

(d) the manner of conducting inquiries and the matters to be specially inquired into
in dealing with applications for State aid and the powers to be exercised by the sanctioning
authority conducting such inquiries;

(e) the mode of ascertaining the value of the assets of an industrial business or
enterprise or of any property offered as collateral security for a loan;

(f) the nature of the security to be taken for the due application of loans and grants
and the rates of interest at which and the conditions under which loans or grants may be
given and the creation of a mortgage or collateral security under section 10;

(g) the inspection of the premises, buildings, plant and stock on hand and the
accounts of any industrial business or enterprise for which State aid has been granted;

(h) the mode of keeping and auditing the accounts and of furnishing returns of any
industrial business or enterprise in respect of which State aid has been granted;

(i) the appointment and functions of Government directors or the prescribing of

other methods of control of industrial business or enterprises in respect of which State aid
has been granted;

(j) the application of profits in cases in which the conditions under which loans or
grants have been made have not been fulfilled;

(k) the fixing of the period for the repayment of loans and the conditions and dates
of the repayment of subsidies and grants;

(1) the recovery of any moneys due under this Act;

(m) the conditions under which and the security on which loans shall be granted to
any industrial business or enterprise under this Act;

(n) all matters connected with, or relating to the grant of aid by the Government
under section 19 including all matters referred to in the foregoing clauses which are
applicable to such grant.
 513

(3) All rules made under this Act shall, as soon as possible after they are made, be
laid before the Legislative Assembly, 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 session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modifications in the rule or decides that the rule should
not be made, the 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.

Powers of the Government as regards starting or conducting industries

and giving aid of certain kinds

24. Nothing in this Act shall be held to debar the Government ---

(a) from starting or conducting industrial enterprise for experimental purposes or

with a view to stimulate industrial development;

(b) from assisting an industrial business or enterprise by agreements to purchase on

business terms the whole or a portion of the products of the same;

(c) from assisting an industrial business or enterprise by giving gratis or in

favourable terms, the services of Government officials, experts or others either in the
capacity of advisers or for a limited period not exceeding one year for starting or
conducting such business or enterprise;

(d) from assisting an industrial business or enterprise in connection with industrial

education or the training of apprentices;

(e) from assisting any industrial business or enterprise in any other manner which
may be determined by the Government;

(f) from assisting a village industry in any manner which may be determined by the
Government;

(g) from establishing a company for the purpose of giving financial assistance to
industrial concerns and enterprise or from subscribing for shares in, or in any manner
aiding, such company, on such terms and conditions as the Government may, by general or
special order, lay down;

(h) from subscribing for shares in or in any manner aiding, any industrial concern or
enterprise, the paid up capital of which exceeds rupees thirty lakhs on such terms and
conditions as the Government may, by general or special order, lay down;
 514

(i) from assisting any industrial business or enterprise in the purchase of

implements or machinery;

(j) from assisting in the marketing of products in the possession of any industrial
business or enterprise.

Repeal and saving

25. (1) The Arrete No. 476 dated 14-5-1959 as amended by Arrete dated
1-12-1960, is hereby repealed.

(2) The repeal by sub-section (1) of the corresponding law shall not affect ---

(i) the previous operation of the corresponding law or anything done or duly
suffered thereunder; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under
the corresponding law; or

(iii) any penalty, forfeiture or punishment incurred in respect of any offence

committed against the corresponding law; or

(iv) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had
not been passed.

(3) Subject to the provisions of sub-section (2) anything done or any action taken
under the corresponding law repealed by sub-section (1) shall be deemed to have been
done or taken under this Act and shall continue to be in force accordingly unless and until
superseded by anything done or any action taken under this Act.

________

STATEMENT OF OBJECTS AND REASONS FOR ACT 3 OF 1971

Industrial development is the prime concern of the State. The Government have
been aiding and assisting industries in various ways. The Arrete No.476 dated 14-5-1959,
which the present Bill replaces, only provides for granting loans upto Rs.50,000. By the
present Bill, the Government seeks power to grant bigger loans in appropriate cases. The
Bill also provides for the establishment of a Board of Industries which will advise the
Government in giving aid to industries in various ways.

________
 515

THE PUDUCHERRY OCCUPANTS OF KUDIYIRUPPU

(PROTECTION FROM EVICTION) ACT, 1970
(No. 4 of 1971)
________________________________________________________________________

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and duration.

2. Definitions.

2A. Act not to apply in certain cases.

3. Person occupying kudiyiruppu not to be evicted.

4. Right to restoration of possession of kudiyiruppu.

5. Owner’s right to apply to the authorised officer.

6. Authorised officer to hold summary inquiry.

7. Appeals.

8. Act to override other laws, contracts, etc.

9. Costs.

10. Bar of jurisdiction of civil courts.

11. Indemnity.

12. Power to make rules.

13. Power to remove difficulties.

______
 516

THE PUDUCHERRY OCCUPANTS OF KUDIYIRUPPU

(PROTECTION FROM EVICTION) ACT, 1970

(Act No. 4 of 1971)

26th February, 1971.
AN ACT

to provide for the protection from eviction of persons occupying

kudiyiruppu 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 duration

1. (1) This Act may be called the Puducherry Occupants of Kudiyiruppu

(Protection from Eviction) Act, 1970.

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

the Union territory of Puducherry.

(3) It shall remain in force for a period of ten years and upon the expiry of
this Act, the provisions of section 6 of the General Clauses Act, 1897 (Central Act 10
of 1897), as applicable under section 2 of the Puducherry General Clauses Act, 1965
(Act 13 of 1965), shall apply as if this Act had then been repealed by a Puducherry
Act.
Definitions

2. In this Act, unless the context otherwise requires,---

(1) “agricultural labourer” means a person whose principal means of

livelihood is the income he gets as wages for his manual labour on agricultural
land;
(2) “agricultural land” means any land used for any of the following
purposes, namely:--
(a) horticulture;
(b) the raising of crops, grass or garden produce;
(c) grazing;
(d) the raising of manure crops;
(e) dairy farming;
(f) poultry farming;
(g) livestock breeding;
(h) growing of trees; and
 517

(i) includes any land used for any purpose subservient to the above
purposes, any forest land, pasture land, plantation, orchard and tope, but

(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 by another to enjoy the land of the latter
under an agreement, express or implied, and includes his heirs and legal
representatives.
 518

Act not to apply in certain cases

1[2-A.
Nothing in this Act shall apply to the lands belonging to or vested in
the Government of the Union territory of Puducherry, the Government of India, the
Government of any State in India, a local authority or a corporation owned or
controlled by any of the said Governments or authority.]

Persons occupying Kudiyiruppu not to be evicted

3. (1) Subject to the provisions of sub-section (3) no person occupying any

Kudiyiruppu on the date of publication of the Puducherry Occupants of
Kudiyiruppu (Protection from Eviction) Bill, 1970, in the Official Gazette shall be
evicted from such Kudiyiruppu.

(2) Subject to the provisions of sub-section (3), any person occupying any
Kudiyiruppu on the date referred to in sub-section (1), shall be entitled to continue
to occupy a Kudiyiruppu on the same terms and conditions as were applicable to
him on such date.

(3) Sub-sections (1) and (2) shall not apply to any person occupying any
Kudiyiruppu ---

(a) if he has done any act or has been guilty of any negligence which is
destructive of, or injurious to, the property belonging to the owner of the
kudiyiruppu; or

(b) if he has wilfully denied the title of the owner of the kudiyiruppu.

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

(4) In computing the period of limitation prescribed for an application for the
execution of a decree or order for the eviction of a person occupying any
Kudiyiruppu, the time during which he was protected by subsection (1) from
eviction, shall be excluded.

Explanation. --- A decree or order shall be deemed to be a decree or order for

the eviction of a person occupying any Kudiyiruppu notwithstanding that any
other relief is also granted by such decree or order.

________________________________________________________________________
1. Inserted by Act 8 of 1972. section 2. w.e.f. 26-2-1971.
 519

Right to restoration of possession of Kudiyiruppu

4. If any person who was occupying any Kudiyiruppu on the date of

publication of the Puducherry Occupants of Kudiyiruppu (Protection from
Eviction) Bill, 1970 has been evicted from such Kudiyiruppu after such date, but
before the commencement of this Act, or is evicted from such Kudiyiruppu after
such commencement, he may, within a period of six months after such
commencement or after the date of eviction, as the case may be, apply to the
authorised officer within whose jurisdiction the Kudiyiruppu is situated in such
form as may be prescribed for restoration to him of the possession of the
Kudiyiruppu from which he was evicted, and to occupy it subject to the same terms
and conditions, as far as may be, as were applicable to him on the date of
publication of the Puducherry Occupants of Kudiyiruppu (Protection from
Eviction) Bill, 1970.

Owner’s right to apply to the authorised officer

5. Any owner of Kudiyiruppu seeking to evict for any of the reasons

mentioned in sub-section (3) of section 3 any person occupying any Kudiyiruppu
may, whether or not there is an order or decree of court for the eviction of such
persons, make an application for such eviction to the authorised officer within
whose jurisdiction the Kudiyiruppu is situated, in such form and within such time
as may be prescribed.

Authorised officer to hold summary inquiry

6. On receipt of the application under section 4 or section 5, the authorised

officer shall, after giving a reasonable opportunity to the parties concerned to make
their representations, hold a summary inquiry into the matter and pass an order
either allowing the application or dismissing it and shall communicate a copy of
such order to the party concerned.

Appeals

7. (1) Against any order passed by the authorised officer under section
6, any person aggrieved by such order, may, within sixty days from the date of the
order, appeal to the Collector:

Provided that the Collector may admit an appeal presented after the expiry
of the said period if he is satisfied that the party concerned had sufficient cause for
not presenting it within the said period.
 520

Explanation.-- For the purposes of this sub-section “date of the order” means
the date on which the order is communicated to the party concerned.

(2) The provisions of section 4 and of sub-sections (1) and (2) of section 12 of
the Limitation Act, 1963 (Central Act 36 of 1963) shall, as far as may be, apply to any
appeal under sub-section (1).

(3) An appeal to the Collector under sub-section (1) shall be in such form and
shall be accompanied by such fee as may be prescribed.

(4) The Collector may, after giving the parties to the appeal, an opportunity
of being heard, pass such order thereon as he thinks fit and shall communicate a
copy of such order to the party concerned.

(5) The Collector may stay the execution of any order passed by the
authorised officer pending the exercise of his powers of appeal under this section.

Act to over-ride other laws, contracts, 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.

Costs

9. The costs of, and incidental to, all proceedings before the authorised officer
or the Collector shall be in his discretion.

Bar of jurisdiction of civil courts

10. No civil court shall have jurisdiction in respect of any matter in which the
authorised officer or the Collector is empowered by or under this Act to decide 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.
 521

Indemnity

11. No suit, prosecution or other legal proceeding shall lie against the
authorised officer or the Collector 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.

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 holding summary inquiry under section 6;

(c) the manner of communicating to the parties the order under section 6
or under sub-section (4) of section 7;

(d) the form of appeal, and the fee payable, under sub-section (3) of
section 7.

(3) All rules made under this Act shall be published in the Official Gazette
and, unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published.

(4) Every rule made under this Act shall, as soon as may be after it is 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 or
more successive sessions, and if before the expiry of the session in which it is so
laid, or the sessions immediately following, the Legislative Assembly makes any
modification in the rule or decides that the rule should not be made, the 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.
 522

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:

Provided that no such order shall be made under this section after the
expiration of two years from the commencement of this Act.

______
 523

STATEMENT OF OBJECTS AND REASONS FOR ACT 4 OF 1971

In Mahe region, a comprehensive Land Reforms Act is in force. It provides

among others for the fixing of tenure to the occupants of Kudiyiruppu and
Kudikidappu. But there is no such protection for agriculturists and the agricultural
labourers who are in occupation of kudiyiruppu in the other regions of this Union
territory. Representations have been received in this regard both inside and outside
legislature. It has therefore been decided to introduce a legislation on the model of
the Tamil Nadu Occupants of Kudiyiruppu (Prevention from eviction) Act, 1961
(Tamil Nadu Act No.38 of 1961).

The present Bill seeks to achieve the above object.

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1972

The Puducherry Occupants of Kudiyiruppu (Protection from Eviction) Act,

1970 came into force on 26-2-1971 on which date the assent of the President was
received. It does not exempt from its purview the lands belonging to the
Government, Local Bodies etc. It is proposed to amend the Act to provide for such
exemption.

The Bill seeks to achieve the above object.

________
 524

THE PUDUCHERRY CULTIVATING TENANTS

(PAYMENT OF FAIR RENT) ACT, 1970
(No. 5 of 1971)
________________________________________________________________________

ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Definitions.
2A. Act not to apply in certain cases.
3. Interpretation.
4. Rights and liabilities of cultivating tenant and landowner.
5. What is fair rent?
6. Fair rent payable in cash or in kind.
7. Alteration or revision of fair rent.
8. Sharing of produce.
9. Constitution of Rent Courts and Rent Tribunals.
10. Application to Rent Courts and appeals to Rent Tribunals.
11. Costs.
12. Revision by High Court.
13. Publication of list of prices.
14. Cultivating tenant’s right to obtain receipts.
15. Act to override contract and other laws, etc.
16. Exemption.
17. Power to make rules.
18. Power to remove difficulties.

_________
 525

THE PUDUCHERRY CULTIVATING TENANTS

(PAYMENT OF FAIR RENT) ACT, 1970
(Act No. 5 of 1971)
27th February, 1971.
AN ACT

to provide for the payment of fair rent by cultivating tenants 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 (Payment
of Fair Rent) Act, 1970.

(2) It extends to the whole of the regions known as Puducherry, Karaikal

and Yanam in the Union territory of Puducherry.

(3) It shall come into force on such 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) “agricultural year” means the year commencing on the 1st day of
April, or such other date as the Collector may specify in that behalf by notification
in the Official Gazette;

(b) “average gross produce” means the average produce for different
classes of land in each zone as may be notified by the Government from time to
time.

1. The Act came into force on the 1st day of April, 1971 vide Notification No.6896/70-E, dated 22nd March, 1971.
 526

Explanation. — For the purpose of this clause each region shall be divided
into zones and the lands comprised in each zone divided into categories consisting
of double crop lands, single crop lands, irrigated lands and dry lands;

(c) “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 a tenancy 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;

(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;

(d) “fair rent” means the rent payable under this Act;

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

(f) “Government” means the Administrator appointed by the President

under article 239 of the Constitution;

(g) “landowner” means the owner of the land let for cultivation by a
cultivating tenant and includes the heirs, assignees, legal representatives of such
owner, or person deriving rights through him;

(h) “paid” includes “delivered”;

(i) “prescribed” means prescribed by rules made under this Act;

 527

(j) “Rent Court” and “Rent Tribunal” in relation to any area mean the Rent
Court and Rent Tribunal respectively constituted under this Act for such area.

1[Act not to apply in certain cases

2A. 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.]

Interpretation

3. If any question arises whether any land is wet, or dry or garden land, the
question shall be decided by the Rent Court.

Rights and liabilities of cultivating tenant and landowner

4. (1) With effect from the commencement of this Act, every cultivating
tenant shall be bound to pay to the landowner and every landowner shall be
entitled to collect from the cultivating tenant fair rent payable under this Act.

(2) Where the irrigation of any land is irregular, the landowner shall bear the
excess water cess proportionate to his share of the produce.

(3) Notwithstanding any neglect or failure on the part of the cultivating

tenant to raise any crop, the landowner shall be entitled to collect fair rent.

(4) Subject to the proviso to sub-section (2) of section 5, all the cultivation
expenses inclusive of cost of seed, ploughing, manuring, harvesting and threshing
shall be borne by the cultivating tenant.

1. Inserted by Act 8 of 1973, section 2, w.e.f 19-7-1973.

________________________________________________________________________
 528

(5) The landowner shall be responsible for the payment of all dues payable to
the Government and local authorities in respect of the land subject to his right to
recover from the cultivating tenant the public charges which are expressly made
payable by the cultivating tenant by this Act.

(6) The landowner shall bear all capital expenditure necessary to maintain
the land and wells in a state of proper repair.

(7) No landowner shall, after the commencement of this Act, claim or

stipulate for:--

(i) payment of any amount by the cultivating tenant in excess of the fair
rent or in excess of the public charges which are expressly made payable by the
cultivating tenant by this Act;

(ii) the delivery by the cultivating tenant of any article or thing in addition
to fair rent; or

(iii) any service by the cultivating tenant or the free use of his cattle.

Explanation I --- Nothing contained in this section shall affect the right of the
landowner to claim from the cultivating tenant compensation for damages to the
land or to anything that stood on the land at the time of lease.

Explanation II --- Where a cultivating tenant pays a contract rent lower than
the fair rent payable under this Act, clause (iii) shall not apply.

(8) Any person, the rent receivable by whom from any cultivating tenant in
respect of any land, suffers a reduction as a result of the provisions of this Act, shall,
if he is himself a tenant in respect of that land under another person, be entitled to
surrender the lease of that land as from a date specified by him by notice given to
his landlord.

(9) A landowner may for better farming advance to his cultivating tenant
who is not a member of any co-operative society such loan as may be necessary for
manuring his land. The loan so advanced shall be a first charge on the share of the
produce to which the cultivating tenant is entitled under this Act.
 529

(10) Notwithstanding anything contained in sub-sections (4) and (9), the

landowner may, with the consent of the cultivating tenant in the case of any wet
land or garden land, attend to the manuring of the land by chemical manures and
oil-cakes up to a sum equivalent to ten per cent of the average gross produce and
recover the same from the cultivating tenant. The amount payable by the cultivating
tenant under this sub-section shall be in addition to the fair rent payable under this
Act.

What is fair rent?

5. (1) Subject to the provisions of sub-sections (2) and (3), fair rent shall be:--
(i) in the case of wet land, 40 per cent of the average gross produce or its
value in money;

(ii) in the case of wet land where the irrigation is supplemented by lifting
water, 35 per cent of average gross produce or its value in money;

(iii) in the case of any other class of land 33 1/3 % of the average gross
produce or its value in money:

Provided that the provisions of this sub-section shall apply to the actual
tenant cultivators and, where there is an intermediary tenant, to the cultivating sub-
tenants.

Explanation I --- In every harvest, the landowner shall be entitled to one-fifth

of the straw or stalk of all the crops.

Explanation II --- Pending determination of the average gross produce under

clause (b) of section 2, the fair rent shall be 40%, 35% or 33 1/3 %, as the case may
be, of the actual gross produce.

(2) In the case of lands in clauses (ii) and (iii) of sub-section (1) in which
water is lifted by pumpsets installed at the cost of the landowner, the fair rent
specified in that sub-section shall be increased to 40 per cent:

Provided that the cultivating tenant shall bear all the maintenance charges
and the landowner shall bear the charges for repairing the pumpsets and the
installation of a pumpset shall be at the option of the landowner.
 530

(3) Where the contract of tenancy provides for payment of a rent lower than the fair
rent payable under the above provisions, the contract rent shall be deemed to be the fair
rent.

Fair rent payable in cash or in kind

6. (1) The fair rent in respect of any land may be paid either in cash or in kind or
partly in cash and partly in kind, in accordance with terms of the contract between the
landowner and the cultivating tenant; in the absence of such a contract, the fair rent may be
paid at the option of the cultivating tenant in any one of the above ways:

Provided that the option shall be exercised in the case of a tenancy in force on the
date of commencement of this Act, within three months from such commencement and in
any other case within three months from the date on which the tenancy agreement takes
effect; and if the cultivating tenant does not exercise the option, within the period aforesaid,
the landowner shall, by notice in writing given to the cultivating tenant, specify the mode
in which the fair rent shall be paid by the cultivating tenant:

Provided further that the option once exercised or the mode once specified shall not
be changed except by mutual agreement:

Provided further that where the crop raised is paddy, the landowner shall have the
right to insist that the rent shall be paid in kind.

(2) Whenever adverse seasonal conditions result in the reduction of the gross
produce from any particular crop and there is remission of land revenue, the landowner
shall be bound to remit a proportionate part of the fair rent due to him from his cultivating
tenant in respect of that land for that period:

Provided that before admitting or inquiring into an application made by a

cultivating tenant for remission of fair rent under this section, the Rent Court may impose
such conditions as it considers reasonable in the circumstances of the case including
condition as to deposit of admitted rent which has become due.

Alteration or revision of fair rent

7. Where in respect of any land fair rent has been determined under this Act, it shall
continue in force for five years:

Provided that the Rent Court, may, on an application made by the cultivating
tenant, reduce the fair rent if it is satisfied that on account of deterioration of the land by
floods or other causes beyond the control of the cultivating tenant, the land has been
wholly or partially rendered unfit for the purposes of cultivation:
 531

Provided further that the Rent Court may, on an application made by the
landowner, enhance the fair rent if it is satisfied that on account of any
improvements made in the land by or at the expense of the landowner, the produce
of the land has increased.

Sharing of produce

8. Where the produce to be shared is grain, the sharing shall be done at the
threshing floor on which the threshing took place; and no portion of the produce
shall be removed therefrom at such time or in such manner as to prevent the due
division thereof at the proper time.

Constitution of Rent Courts and Rent Tribunals

9. (1) The Government may, by notification in the Official Gazette, constitute

Rent Courts and Rent Tribunals for the purposes of this Act with jurisdiction over
such areas as may be specified in the notification.

(2) Every Rent Court shall be presided over by an officer not below the rank
of Deputy Tahsildar in the case of Sub-taluk and Tahsildar in the case of a Taluk
and every Rent Tribunal shall be presided over by an officer not below the rank of
the District Munsif.

Application of Rent Courts and appeals to Rent Tribunals

10. (1) Notwithstanding any agreement between a landowner and the

cultivating tenant, or any decree or order of a Court, either party may, in case of
dispute, apply to the Rent Court on payment of such fee as may be prescribed, for
fixation of fair rent or for deciding any other dispute arising under this Act.

(2) Any person aggrieved by the decision of a Rent Court, may, within such
time and on payment of such fee as may be prescribed, prefer an appeal to the Rent
Tribunal whose decision shall be final, subject to revision, if any under section 12.
 532

Costs

11. The costs of and incidental to all proceedings before the authorities
referred to in section 10 shall be in the discretion of the respective authority.

Revision by High Court

12. The Rent Tribunal 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, and its
orders shall be liable to revision by the High Court under the provisions of that
section.

Publication of list of prices

13. (1) The Collector shall publish in the months of January, April, July and
October every year in the Official Gazette the average market price of the main
crops during the immediately preceding three months at the headquarters of each
region.

(2) Where, for the payment of fair rent by a cultivating tenant to whom the
provisions of this Act apply, the cash value of any crop has to be fixed, such value
shall be fixed –-

(a) in the case of any of the crops referred to in sub-section (1), at the
market price last published under sub-section (1) before the date when such fair
rent became payable;

(b) in the case of any other crop at such rate as may be agreed upon
between the landowner and the cultivating tenant and in the case of disagreement
as may be deemed fair and reasonable by the Rent Court.

Cultivating tenant’s right to obtain receipts

14. (1) Every cultivating tenant paying rent shall be entitled to receive and
the landlord shall be bound to grant a receipt containing such particulars as may be
prescribed.

(2) If any landlord fails to grant a receipt as provided under subsection (1),
the tenant shall be entitled to send by money order, after deducting the charges for
doing so,---

(i) the money, if the rent is payable in cash; and

(ii) the money value of the rent, if it is payable in kind.
 533

Act to override contract and other laws, etc.

15. (1) The provisions of this Act shall have effect notwithstanding anything
to the contrary contained in any pre-existing law, custom, usage, agreement or
decree or order of a Court.

(2) If any provision contained in the Karaikal Pannaiyal Protection Act, 1966
is repugnant to any provision contained in this Act, the latter provision shall prevail
and the former provision shall, to the extent of the repugnancy, be of no effect.

Exemption

16. Nothing in this Act shall apply to:--

(a) any land during the period when such land is used for raising any crop
which does not give any yield for a continuous period of two years or more from
the time of cultivation; or

(b) to any contract merely for collection or harvesting of the produce of

any kind.

Power to make rules

17. (1) The Government may, by notification in the Official Gazette make
rules to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules
may provide for:-

(a) the procedure to be followed by Rent Courts and Rent Tribunals;

(b) the matters to be taken into account in determining average gross
produce;
(c) the fees to be paid in respect of applications and appeals under this Act;
(d) the time within which appeals may be presented under this Act;
(e) the notification of prices of agricultural or horticultural produce for the
purpose of fixing the cash value of the fair rent.
 534

(3) 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.

Power to remove difficulties

18. 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:

Provided that no such order shall be made under this section after the
expiration of two years from the commencement of this Act.

__________
 535

STATEMENT OF OBJECTS AND REASONS ACT 5 OF 1971

At present in the Union territory of Puducherry, with the exception of Mahe

region, there are no laws to regulate the relationship between the landlord and the
cultivating tenant in so far as payment of rent is concerned. In other words, the
landlords are free to charge any rent as may be agreed upon between them and
their tenants. In the absence of such a measure, the incentive for the tenant to
improve the land is lacking. The objectives of all land reforms are to create or
introduce such measures which would be conducive or favourable to the
cultivating tenants and thereby increasing the agricultural economy and promoting
high level of efficiency in productivity. To achieve this purpose, it would be
necessary to provide safeguards for the cultivating tenants with regard to the
fixation of fair rent. ‘The present Bill, inter alia, provides the manner and machinery
for fixation of fair rent. The present Bill is based on the Tamil Nadu Cultivating
Tenants (Payment of Fair Rent) Act, 1956 with suitable modifications.

STATEMENT OF OBJECTS AND REASONS ACT 8 OF 1973

The Puducherry Cultivating Tenants (Payment of Fair Rent) Act, (1970) came
into force regions of Puducherry, Karaikal and Yanam of the Union territory of
Puducherry on 1-4-1971. In the said Act, there is no specific provision exempting
the Government and Municipal lands from the operation of the provisions of the
principal Act. As such, section 2A is incorporated for this purpose. The amendment
bill covering the above said matter seeks to achieve the above object.

________
 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
 542

(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.

_________
 551

THE PARLIAMENTARY SECRETARY (PAYMENT

OF SPECIAL ALLOWANCE AND PREVENTION
OF DISQUALIFICATION) ACT, 1971
(No. 12 of 1971)
________________________________________________________________________
ARRANGEMENT OF SECTIONS

SECTION
1. Short title and commencement.
2. Payment of special allowance to the Parliamentary Secretary.
3. Office of Parliamentary Secretary not to disqualify.
______

THE PARLIAMENTARY SECRETARY (PAYMENT OF SPECIAL

ALLOWANCE AND PREVENTION OF DISQUALIFICATION) ACT, 1971
(Act No. 12 of 1971)
11th June, 1971
AN ACT
to provide for the payment of special allowance to the Parliamentary Secretary and
to declare that the office of the Parliamentary Secretary shall not disqualify the holder
thereof for being chosen as, or for being a member of the Legislative Assembly of
Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-second Year

of the Republic of India as follows:-
Short title and commencement

1. (1) This Act may be called the Parliamentary Secretary (Payment of Special
Allowance and Prevention of Disqualification) Act, 1971.

(2) It shall come into force at once.

Payment of special allowance to the Parliamentary Secretary

2. A member of the Legislative Assembly of Puducherry, who is appointed as
Parliamentary Secretary, shall, in addition to the salary and other allowances to which he is
entitled from time to time as such member, be paid a special allowance of *[one thousand
and five hundred rupees per month].

Office of Parliamentary Secretary not to disqualify

3. It is hereby declared that the office of Parliamentary Secretary shall not disqualify
the holder thereof for being chosen as, or for being, a member of the Legislative Assembly
of Puducherry.

______________________________________________________________________________
* Amended vide Act No.8 of 2009 with effect from 1.1.2005.

_________
 552

STATEMENT OF OBJECTS AND REASONS FOR ACT 12 OF 1971

The object of the Bill is to provide for the appointment of a Parliamentary

Secretary from among the members of the Puducherry Legislative Assembly.

A Member of the Legislative Assembly who is appointed as Parliamentary

Secretary will have to perform additional functions for which it is proposed to
provide for payment to him a special allowance of Rs.150/- While so doing it is
made explicit that by this appointment he will not incur any disqualification either
for being chosen or being a member of the Assembly.

STATEMENT OF OBTECTS AND REASONS FOR ACT 8 OF 2009

The Parliamentary Secretary (Payment of Special Allowance and Prevention

of Disqualification) Act, 1971 (Act No.12 of 1971) came into force w.e.f. 11.6.71.
Section 2 of the said Act provides inter alia, for payment of special allowance of
rupees one hundred and fifty per month to the Member of the Legislative Assembly
who is appointed as Parliamentary Secretary. The quantum fixed in the principal
Act in the year 1971 has now become very meagre. The salary and allowances of
Ministers, Speaker and the Members were amended from time to time enhancing
the quantum of salary and allowances to them. But the special allowance payable to
the Parliamentary Secretary has not been revised for the last more than three
decades.

Hence, it is proposed to enhance the quantum of special allowance payable

to the Parliamentary Secretary from Rs.150 per mensem to Rs.1500 per mensem by
amending section 2 of the Parliamentary Secretary (Payment of Special Allowance
and Prevention of Disqualification) Act, 1971.

The Bill seeks to achieve the above object.

_______
 553

THE HINDU MARRIAGE (PUDUCHERRY AMENDMENT) ACT, 1971

(No. 14 of 1971)
________________________________________________________________________

ARRANGEMENT OF SECTIONS
SECTION
1. Short title and extent.
2. Insertion of new section 7A.

________

THE HINDU MARRIAGE (PUDUCHERRY AMENDMENT) ACT, 1971

(Act No. 14 of 1971)
9th July, 1971.
AN ACT
to amend the Hindu Marriage Act, 1955, in its application to the Union
territory of Puducherry.

WHEREAS it is necessary to render valid suyamariyathai or seerthiruththa

marriages;

AND WHEREAS it is expedient to amend the Hindu Marriage Act, 1955

(Central Act 25 of 1955), in its application to the Union territory of Puducherry, for
the purposes hereinafter appearing;

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-

second Year of the Republic of India as follows:-

Short title and extent

1. (1) This Act may be called the Hindu Marriage (Puducherry Amendment)
Act, 1971.

(2) It extends to the whole of the Union territory of Puducherry.

Insertion of new section 7-A in Central Act 25 of 1955

2. After section 7 of the Hindu Marriage Act, 1955 (Central Act 25 of

1955), the following section shall be inserted, namely:---
 554

“7-A. Special provision regarding suyamariyathai and seerthiruththa

marriages.-

(1) This section shall apply to any marriage between any two Hindus,
whether called suyamariyathai marriage or seerthiruththa marriage or by any other
name, solemnised in the presence of relatives, friends or other persons –

(a) by each party to the marriage declaring in any language (which is

understood by the parties and by at least two persons in whose presence the
marriage is solemnised), that each takes the other to be his wife or, as the case may
be, her husband; or

(b) by each party to the marriage garlanding the other or putting a ring
upon any finger of the other; or

(c) by the tying of the thali,

(2) (a) Notwithstanding anything contained in section 7, but subject to the

other provisions of this Act, all marriages to which this section applies solemnised
after the commencement of the Hindu Marriage (Puducherry Amendment) Act,
1971, shall be good and valid in law.

(b) Notwithstanding anything contained in section 7 or in any text, rule or

interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of the Hindu Marriage (Puducherry
Amendment) Act, 1971, or in any other law in force immediately before such
commencement or in any judgment, decree or order of any court, but subject to sub-
section (3), all marriages to which this section applies solemnised at any time before
such commencement shall be deemed to have been, with effect on and from the
date of the solemnisation of each such marriage respectively, good and valid in law.

(3) Nothing contained in this section shall be deemed to:-

(a) render valid any marriage referred to in clause (b) of sub-section (2),
if before the commencement of the Hindu Marriage (Puducherry Amendment) Act,
1971,---

(i) such marriage has been dissolved under any custom or law; or

(ii) the woman who was a party to such marriage has, whether
during or after the life of the other party thereto, lawfully married another; or
 555

(b) render invalid a marriage between any two Hindus solemnised at any
time before such commencement, if such marriage was valid at that time; or

(c) render valid a marriage between any two Hindus solemnised at any time
before such commencement, if such marriage was invalid at that time on any
ground other than that it was not solemnised in accordance with the customary
rites and ceremonies of either party thereto:

Provided that nothing contained in this sub-section shall render any person
liable to any punishment whatsoever by reason of anything done or omitted to be
done by him before such commencement.

(4) Any child of the parties to a marriage referred to in clause (b) of sub-
section (2) born of such marriage shall be deemed to be their legitimate child;

Provided that in a case falling under sub-clause (i) or sub-clause (ii) of clause
(a) of sub-section (3), such child was begotten before the date of the dissolution of
the marriage or, as the case may be, before the date of the second of the marriages
referred to in the said sub-clause (ii)”.

_______

STATEMENT OF OBJECTS AND REASONS FOR ACT 14 OF 1971

There has been and continues to be in vogue among a section of the Hindus
in this Union Territory a simple form of Hindu marriage known as suyamariyathai
marriage or seerthiruththa marriage. Such marriage is solemnised by each party to the
marriage, saying to the other that each takes the other to be his lawful wife or her
lawful husband, or each party to the marriage garlanding the other, or putting a
ring upon any finger or the other, or the tying of the thali. No other customary rites
or ceremonies are performed or observed. The real intention of the parties to the
suyamariyathai marriage or the seerthiruththa marriage is to enter upon a lawfully
wedded life. It was presumably to simplify to some extent or to dispense with the
usual ceremonies of a Hindu marriage and to minimize the expenditure connected
with the marriage that the parties have adopted the suyamariyathai or seerthiruththa
form of marriage. It is considered necessary in the public interest to legalise the
suyamariyathai or seerthiruththa form of marriage, to validate past marriage of that
type so to avoid disruption of the family and to make the children legitimate.
 556

2. The Bill accordingly proposes to introduce new section as section 7- A in

the Hindu Marriage Act, 1955 (Central Act 25 of 1955). Clause (a) of sub-section (2)
of the said new section provides that all suyamariyathai or seerthiruththa marriages
solemnised after the commencement of the amending legislation will be good and
valid in law, notwithstanding that the marriages are not solemnised in accordance
with the customary rites and ceremonies of the parties to the marriage. Clause 9b)
of that sub-section validates past marriages, that is to say, suyamariyathai or
seerthiruththa marriages soleminsed at any time before the commencement of the
amending legislation. This is, however, subject to the limitations provided for in
sub-section (3), In a case where a man who was a party to a suyamariyathai or
seerthiruththa marriage, on the strength of judicial pronouncements invalidating
such marriage, has already contracted a valid marriage observing the customary
rites and ceremonies, it is considered that the second valid marriage should not be
rendered invalid by reason of the validation with retrospective effect of the first
marriage, namely, the suyamariyathai or seerthiruththa marriage. It is also not the
intention of the amending legislation to validate marriage if such marriage was
invalid on any ground other than that it was not solemnised in accordance with the
customary rites and ceremonies of either party thereto. Necessary provisions for the
above purposes have been made in clauses (b) and (c) of sub-section (3) of new
section 7-A. Care has also been taken to provide that a suyamariyathai or
seerthiruththa marriage solemnised before the commencement of the amending
legislation will not be valid if the marriage has been dissolved under any custom or
law, or the woman who was a party to the marriage has during the life of the other
party, lawfully married another. Where a marriage has already been dissolved,
there is no need to validate a marriage which at the time of its solemnisation was
invalid, if the woman who was a party to the marriage has discarded her husband
and has lawfully married another. Clause (a) of sub-section (3) of new section 7-A
contains the provisions necessary in this regard. Provision for the legitimization of
the children of the parties to a suyamariyathai or seerthiruththa marriage solemnised
before the commencement of the amending legislation is proposed in sub-section
(4) of new section 7-A.

________
 557

THE PUDUCHERRY LANDING AND SHIPPING FEES ACT, 1971

(No. 16 of 1971)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title, extent and commencement.

2. Definitions.

3. Levy of landing and shipping fees.

4. Rates of fees to be notified.

5. Mode of utilisation of landing and shipping fees collected.

6. Detention of goods until payment of fees.

7. Recovery of damages from the owner of vessel, etc.

8. Penalties.

9. Power to make rules.

____________
 558

THE PUDUCHERRY LANDING AND SHIPPING FEES ACT, 1971

(Act No. 16 of 1971)
4 th August, 1971.
AN ACT

to provide for the levy of landing and shipping fees in the port of Puducherry.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty- second

Year of the Republic of India as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Puducherry Landing and Shipping Fees Act, 1971.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date1 as the Government may, by notification in
the Official Gazette, appoint.

Definitions

2. In this Act, unless the context otherwise requires,-

(a) “drift” includes timber or other floating matter whether the same is in the
possession or under the control of any person or not;

(b) “goods” includes wares and merchandise of every description and carts,
carriages, animals, baggage and other articles;

(c) “Government” means the Administrator of the Union territory of Puducherry

appointed by the President under article 239 of the Constitution;

(d) “Official Gazette” means the La Gazette de 1’ Etat de Puducherry;

(e) “owner” when used in relation to goods, or drift includes any consignor,
consignee, shipper or agent for the sale, custody, landing or shipping of such goods or drift;

(f) “pier” includes any stage, stairs, landing place, hard, jetty, floating barge or
pontoon, and any bridges or other works connected therewith;

______________________________________________________________________________
1. The Act has been extended with effect from 1-10-1963 under Puducherry (Laws) Regulation, 1963 vide [Link].36,
dated 30-3-1971.
 559

(g) “port” means the space within such limits as may, from time to time, be
defined by the Government for the purpose of this Act by notification in the Official
Gazette and until a notification is so issued within such limits as may have been
defined by the Government under the provisions of the Indian Ports Act, 1908
(Central Act 15 of 1908);

(h) “prescribed” means prescribed by rules made under this Act;

(i) “quay” means a landing place conveniently fitted on the shore for the
loading or unloading of vessels and includes a wharf;

(j) “wharf” includes any wall or stage and any part of the land or foreshore
that may be used for loading or unloading goods, or for the embarkation or
disembarkation of passengers and any wall enclosing or adjoining the same;

(k) “vessel” means anything made for the conveyance by water of human
beings or property.
Levy of landing and shipping fees.

3. (1) On and from the commencement of this Act, there shall be levied a fee
to be called “Landing and shipping fee”, upon all the passengers and goods landed
from or shipped into any vessel lying or being within the limits of any port within
the Union territory of Puducherry at such rate which the Government, may, having
regard to the nature of the benefits conferred, services rendered and amenities
provided, prescribe in this behalf.

(2) The fees levied under sub-section (1) shall be in addition to any other tolls
or charges that are lawfully levied within the port at the commencement of the Act.

(3) The Government may, by general or special order, exempt any class or
category of passengers or goods from the payment of fees leviable under sub-
section (1) and may remit the whole or any portion of the fees already levied in
relation to such class or category of passengers or goods if it is satisfied that there
are special grounds for so doing.

Rates of fees to be notified.

4. The rates shall be notified in the Official Gazette and shall also be
exhibited at such places, in such language or languages as may be prescribed.
 560

Mode of utilisation of landing and shipping fees collected

5. All amounts collected by way of landing and shipping fees (excluding the
cost of collection) under this Act shall be utilised for the following purposes,
namely: --

(a) to meet the expenditure on the pay and allowance of the officers and
establishment of the Port Department, Puducherry;

(b) to provide for special facilities in respect of import and export of goods
from the port such as maintenance of pier, maintenance of trolley lines and
providing trolley lines;

(c) to make available adequate quantity of water and power within the
port premises;

(d) to build resting places and waiting sheds for passengers;

(e) for such other purposes as are incidental to the aforesaid purposes.

Detention of goods until payment of fees

6. It shall be lawful for the officer appointed in this behalf by the

Government or any of his assistants to detain any such goods until the fees are paid
and it shall be the duty of such officer to give notice in writing to the owner stating
the amount of fees and charges payable in respect of such goods and in the event of
such payment being refused or delayed for fourteen days from the date of such
notice if the owner or consignee of such goods shall be in the port concerned, or
otherwise for a period of thirty days from the date on which such fees are payable,
it shall be lawful for such officer to sell or cause to be sold by public auction the said
goods, and after paying the expenses of such detention and sale and double the
amount of the fees by way of a fine, to pay the surplus, if any, of the proceeds of the
sale to the owner or consignee or other person entitled thereto, if claimed within six
months from the date of sale:

Provided that if the goods are of a perishable nature, the said officer may sell
the same or cause them to be sold at such earlier period being not less than twenty-
four hours after the landing of the goods as he thinks fit.
 561

Recovery of damages from the owner of vessel, etc.

7. Where any vessel or drift fouls a pier, jetty, wharf or quay and causes
damage thereto, the owner or master of the vessel or the owner of the drift, as the
case may be, shall be liable for the amount of such damage which may be
ascertained in the manner prescribed and recovered in accordance with the rules
made by the Government either by seizure and sale of such vessel or drift and of
any property thereon or in such other manner as may be prescribed.

Penalties

8. (1) The law for the time being in force for the punishment of offences
relating to the levy or payment of duties of Customs and for the reward of
informers shall, as far as may be, apply to similar offences committed in respect of
fees leviable under this Act.

(2) Save as provided in sub-section (1), any contravention of any rule made
under this Act shall be punishable with fine which may extend to one hundred
rupees.

Power to make rules

9. (1) The Government may, subject to the condition of previous publication

and by notification in the Official Gazette, make rules to carry out the purposes of
this Act:

Provided that the date to be specified under clause (3) of section 23 of the
General Clauses Act, 1897 (10 of 1897), shall not be less than thirty days from the
date on which the draft of the proposed rules was published.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provided for ---

(a) appointing places where goods or particular classes of goods

intended for shipment or landed from ships within the port are to be placed for the
purpose of assessing the fee payable and places where passengers may land or
embark;

(b) the places, the language or languages in which the rates of fees
shall be notified under section 4;
 562

(c) regulating the manner in which such fees shall be assessed and the
time within which they shall be paid;

(d) Providing for the ascertainment and recovery of the amount of any
damage that may be caused to a pier, jetty, quay, wharf or other work in a port by
any person or by any vessel or drift; and

(e) any other matter which is to be or may be prescribed.

(3) Every rule made under this Act shall be laid as soon as possible after it is
made, before the Legislative Assembly, Puducherry, while it is in session for a total
period of fourteen days which may be comprised in one session or in two or more
successive sessions, and, if before the expiry of the session or the sessions in which
it is so laid, the Legislative Assembly makes any modification in the rule or decides
that the rule should not be made, the 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.

STATEMENT OF OBJECTS AND REASONS FOR ACT 16 OF 1971

The Indian Ports Act, 1908 (15 of 1908) has been extended to this territory
with effect from 1-10-1963 under the Puducherry (Laws) Regulation, 1963.
Although the said Act provides, among other things, for the collection of various
dues and charges, it does not provide for the collection of landing and shipping
fees. This Bill is intended to empower this Government to collect the landing and
shipping fees.

________
 563

THE PUDUCHERRY HINDU RELIGIOUS INSTITUTIONS ACT, 1972

(No. 10 of 1972)

ARRANGEMENT OF SECTIONS

SECTION
1. Short title, extent, commencement and application.

2. Definitions.

3. Appointment of Commissioner.

3A. Powers and functions of Commissioner.

4. Board of Trustees.

5. Disqualifications of trustees.

5A. Power to remove or dismiss any trustee.

5B. Power to dissolve Board.

6. Meetings of Board.

7. Vacancy in the Board not to invalidate proceedings.

8. Duties of trustees.

9. Appointment, powers and duties of Executive officers.

10. Appointment of officers and other employees of Board.

11. Payment of contributions.

12. Recovery of contributions, costs, charges and expenses.

13. Budget of religious Institutions.

14. Accounts and audit.

15. Contents of audit report.

 564

16. Audit report to be submitted to Commissioner.

17. Rectification of defects disclosed in the audit and order of surcharge

against trustee, etc.

18. Board not to lend or borrow moneys without sanction.

19. Board may provide for certain other expenditure.

20. Board competent to fix fees for performance of service.

21. Maintenance of register.

22. Annual verification of the register.

22A. Power of Commissioner to enter institutions.

23. Inspection of property and documents.

24. Appeal.

24A. Power of Commissioner to call for records and pass orders.

25. Alienation of immovable property belonging to the institution.

26. Board to seek sanction of the Government for filing, withdrawing or

compromising suits, etc.

27. Penalty for contravention of section 4 (7).

28. Other penalties.

29. Sanction of Government for prosecution.

30. Savings.

31. Power to make rules.

32. Repeal and saving.

______
 565

THE PUDUCHERRY HINDU RELIGIOUS INSTITUTIONS ACT, 1972

(Act No. 10 of 1972)
9 th October, 1972.
AN ACT

to provide for the administration of Hindu religious institutions in the Union

territory of Puducherry and for matters connected therewith.

BE it enacted by the Legislative Assembly of Puducherry in the Twenty-

third Year of the Republic of India as follows:-

Short title, extent, commencement and application

1. (1) This Act may be called the Puducherry Hindu Religious Institutions
Act, 1972.
(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date 1as the Government may, by
notification in the Official Gazette, appoint.

(4) It applies to all the Hindu religious institutions situate in the Union
territory of Puducherry.
Definitions

2. In this Act, unless the context otherwise requires,

(a) “Board” means a Board of trustees appointed by the Government

under section 4;

(b) “Commissioner” means the officer appointed under section 3;

(c) “Executive Officer” means a person appointed under subsection (1) of

section 9;

(d) “Government” means the Administrator of Puducherry appointed by

the President under article 239 of the Constitution;

________________________________________________________________________
1. The Act came into force on the 1st July 1975 vide Notification in Extraordinary Gazette No. 66 dated 30-6-1975.
 566

(e) “math” means a Hindu religious institution with properties attached

thereto and presided over by a person, the succession to whose office devolves in
accordance with the direction of the founder of the institution or is regulated by
usage and ---

(i) whose duty it is to engage himself in imparting religious instruction or

rendering spiritual service; or

(ii) who exercises or claims to exercise spiritual headship over a body of

disciples, and includes places of religious worship or instruction which are
appurtenant to the institution;

Explanation. --- Where the headquarters of a math are outside the Union
territory but the math has properties situate within the Union territory, control shall
be exercised over the math in accordance with the provisions of this Act, in so far as
the properties of the math situated within the Union territory are concerned.

(f) “prescribed” means prescribed by rules made under this Act;

(g) “Hindu religious institution” or “institution” means a math, temple or

specific endowment;

(h) “specific endowment” means any property or money endowed for the
performance of any specific service or charity in a math or temple or for the
performance of any other religious charity;

(i) “temple” means a place, by whatever designation known, used as place of

public religious worship and dedicated to, or for the benefit of, or used as of right
by, the Hindu community or any section thereof as a place of public religious
worship.

Appointment of Commissioner

3. The Government shall, by notification in the Official Gazette appoint an

officer, not below the rank of a Deputy Collector, as Commissioner to supervise and
control the management of all Hindu religious institutions.
 567

1 [Powers and functions of Commissioner

3A. Subject to the other provisions of this Act, the administration of all
institutions shall be subject to the general superintendence and control of the
Commissioner and such superintendence and control shall include the power to
pass any orders which may be deemed necessary to ensure that such institutions
are properly administered and that their income is duly appropriated for the
purposes for which they were founded.]

Board of trustees

4.2[(1) Every institution shall be administered by a Board of Trustees, which

shall consist of five trustees (hereinafter in this section referred to as members),
appointed by the Government, by notification in the Official Gazette, out of whom
one shall be a person belonging to the Scheduled Castes:

Provided that the Government may, pending the constitution of a Board for
any institution appoint a Special Officer to perform the functions of the Board.

(1A) The Government shall nominate from amongst the members a

President, Vice-President, Secretary and a Treasurer.].

(2) Subject to the provisions of this Act, the President, Vice-President,

Secretary, Treasurer and the member shall perform such functions as may be
prescribed.

(3) Subject to the provisions of section 5, every member of the Board shall
hold office for a term of three years from the date of publication of the notification
appointing him as member and the other conditions of his service shall be such as
may be prescribed.

(4) Any member may resign his office by giving notice in writing, for such
period as may be prescribed, to the Government and, on such resignation being
notified in the Official Gazette by the Government, such member shall be deemed
to have vacated his office.

________________________________________________________________________
1. Inserted by Act 13 of 1973, section 2.
2. Substituted by Act 13 of 1973, section 3.
 568

(5) A casual vacancy caused by the resignation of a member under sub-

section (4) or otherwise may be filled by fresh appointment and the person so
appointed shall hold office for the remaining period for which the member in
whose place he is appointed would have held office.

(6) Every Board constituted before the commencement of this Act for the
purpose of the administration of any institution and existing at such
commencement shall be deemed to be a Board constituted under the provisions of
this Act for the purposes of administration of such institution and the members
thereof shall continue to hold office as such for a period of three years from the date
of the notification by which they were appointed.

(7) Every member shall, on his ceasing to hold office as such, handover any
property, document or cash which was under his control or in his possession by
virtue of any of the provisions of the rules made under this Act within such time as
may be prescribed, to his successor in office or such other person as the
Commissioner may, by order, direct.

Disqualifications of trustees
5. (1) A person shall be disqualified from being appointed as and for being a
trustee of any religious institution, ---
(a) if he does not profess the Hindu religion;

(b) if he is less than twenty-five years of age and more than seventy years
of age;
(c) if he is an undischarged insolvent;

(d) if he is of unsound mind or is suffering from any mental defect or

infirmity which would render him unfit to perform the functions and discharge the
duties of a trustee;

(e) if he is interested in a subsisting lease of any property of, or contract

made with, or any work being done for, the religious institution concerned, or is in
arrears of any kind to such institution;

(f) if he is employed as a paid legal practitioner on behalf of or against the

religious institution concerned;

(g) if he has been sentenced by a criminal court for an offence involving

moral turpitude, such sentence not having been reversed or the offence pardoned;
(h) if he has acted adversely to the interests of the religious institution
concerned.
 569

(2) If a trustee becomes subject to any of the disqualifications mentioned in

sub-section (1), the Government shall remove him from the office of trustee:

Provided that no trustee shall be removed under this sub-section on the

ground that he has become subject to the disqualification mentioned in clause (e) or
clause (h) of that sub-section unless he has been given a reasonable opportunity of
being heard in the matter.

(3) A trustee shall cease to hold office if he absents himself from three
consecutive meetings of the Board:

Provided that when a trustee who ceases to hold office under this sub-
section, applies for restoration within one month from the date of the last of the
three meetings, the Board may, at the meeting held next after the receipt of such
application, restore him to the office of the trustee on sufficient cause being shown
by him for his absence:

Provided further that the trustee shall not be restored to his office more than
once during his term of office.

Explanation. --- A meeting of the Board adjourned for want of quorum shall
be deemed to be a meeting for the purpose of this sub-section.

1[Power to remove or dismiss any trustee

5A. (1) The Government may remove or dismiss a trustee of an institution if

such trustee ---

(a) fails to discharge the duties and perform the functions of a trustee
in accordance with the provisions of this Act or the rules made thereunder; or

(b) disobeys the lawful orders issued under the provisions of this Act
or the rules made thereunder; or

(c) continuously neglects his duty or commits any malfeasance,

misfeasance or breach of trust in respect of the institution; or

(d) misappropriates or deals improperly with the properties of the

institution.
________________________________________________________________________
1. Inserted by Act 13 of 1973, section 4.
 570

(2) Before taking action under sub-section (1), the Government shall frame
charges against the trustee and give him an opportunity of meeting such charges.

(3) Pending enquiry into the charges framed against a trustee the
Government may place him under suspension and appoint another person to
discharge the duties and perform the functions of the trustee.

Power to dissolve Board.

5B. If any Board persistently makes default in the performance of the duties
imposed on it under this Act or exceeds or abuses its powers or is not in a position
to function effectively, the Government may by order for reasons to be specified
therein supercede the Board and appoint a new Board in its place in accordance
with the provisions of section 4:

Provided that before passing an order under this section an opportunity shall
be given to the trustees constituting the Board to represent against the proposed
supersession.].

Meetings of the Board.

6. (1) The President of the Board may, as often as he considers necessary, and
in any case at least once in three months, convene a meeting of the Board.

(2) Every meeting of the Board shall be presided over by the President, or
in his absence by the Vice-President, and in the absence of both the President and
the Vice-President, any other member chosen by the other members present, shall
preside over at such meetings.

(3) When the office of the President of any Board is vacant or where such
President is unable to perform the functions of his office by reason of illness or
otherwise for a continuous period of more than one month, the Vice- President of
such Board shall exercise the powers and perform the functions of the President
during the period of such vacancy or absence, as the case may be.

(4) All questions which come up before any meeting of a Board shall be
decided by a majority of the trustees present and voting and in the event of an
equality of votes, the President, or in his absence the person presiding, shall have
and exercise a second or casting vote.
 571

(5) The rules of procedure and the conduct of business at the meetings of the
Board, including quorum thereat, shall be such as may be prescribed.

Vacancy in the Board not to invalidate proceedings

7. No act or proceeding of any Board shall be deemed to be invalid by reason

merely of any vacancy in, or any defect in the constitution of such Board.

Duties of Trustees

8. (1) the trustee of every institution shall be bound to abide by all orders
issued under the provisions of this Act.

(2) The trustee of every institution shall administer its affairs in accordance
with the customs and usage of the institution and such instructions as the
Commissioner may issue from time to time.

(3) A trustee shall exercise all powers incidental to the prudent and beneficial
administration of the institution and do all things necessary for the due
performance of the duties assigned to him by or under this Act.

Appointment, powers and duties of the Executive Officers

9. (1) The Government may appoint an Executive Officer for an institution or

group of religious institutions, if it considers expedient to do so, in the interests of
the better administration and management of such institution or institutions.

(2) The Executive Officer shall,---

(a) exercise such powers and discharge such duties as appertain to the
administration of the properties of the religious institution or institutions;

(b) have the right to attend the meetings of the Board and take part in the
discussions thereat but without the right to move any resolution or to vote;

(c) attend any meeting of the Board, if required to do so by the President

thereof;

(d) carry out the resolutions of the Board:

 572

Provided that where in the opinion of the Executive Officer, any such
resolution ---

(i) is in excess of the powers conferred on the Board by this Act; or

(ii) affects or is likely to affect the powers and duties of the Executive
Officer under this Act; or

(iii) requires the Executive Officer to incur expenditure which is necessary

or excessive or is not in accordance with the local custom or usage,

he shall refer the matter to the Government for orders and the decision of
the Government thereon shall be final;

(e) furnish to the Board periodical reports regarding the progress made in
carrying out the resolutions of the Board;

(f) control all the employees and other servants appointed in connection with
the affairs of the religious institution or institutions; and

(g) exercise or perform such other powers or duties as may be prescribed.

Appointment of officers and other employees of Board

10. For the purpose of enabling it efficiently to discharge its functions under
this Act, the Board shall, subject to such rules as may be prescribed in this behalf,
appoint such number of other officers and other employees as it may consider
necessary and every officer or other employee so appointed shall be subject to such
conditions of service and shall be entitled to such remuneration as may be
determined by the Board.

Payment of contributions

11. (1) Every Hindu religious institution for which an Executive Officer is
appointed shall, from the income derived by it, contribute to the Government
annually, an amount equal to the pay, allowances and pension contribution of such
Executive Officer:

Provided that if an Executive Officer is appointed for a group of institutions,

the contributions payable by each of such institutions shall be apportioned by the
Commissioner after giving notice to such institutions and considering their
objections, if any.
 573

(2) The contributions payable under sub-section (1) shall be notified to the
institution in the prescribed manner.

Recovery of contributions, costs, charges and expenses

12. (1) An institution shall remit the amount of contributions payable under
section 11 to the Government within thirty days from the date of receipt of the
notice under sub-section (2) of that section or within such further period as may be
allowed by the Commissioner.

(2) If the amount of contributions so payable is not remitted within the

period specified in sub-section (1), such amount shall be recoverable under the
revenue recovery law, for the time being in force as if it is an arrear of land revenue.

Budget of religious institutions

13. (1) Every institution shall, before the end of March in each year, submit to
the Commissioner in such form as may be prescribed, a budget showing the
estimated receipts and expenditure of the institution during the following year.

(2) Every such budget shall make adequate provision for,

(a) the due maintenance of the objects of the religious institution and
the proper performance of the services therein;

(b) the due discharge of liabilities or loans binding on the religious

institution;

(c) the repair and renovation of the buildings connected with the
institution, as may be prescribed;

(d) the contribution to the reserve fund of the institution at such per
centum of the income as the Commissioner may fix;

(e) the contributions to be paid under section 11 and the cost of

auditing to be paid under section 14;

(f) the maintenance of a working balance.

(3) The Commissioner, after giving notice to the institution and after
considering its representations, if any, may, by order, make such alterations,
omissions or additions in the budget as he may deem fit.
 574

(4) If, in the course of a financial year, the institution finds it necessary to
modify the provisions made in the budget in regard to the receipt or to the
distribution of the amounts to be expended under the different heads, it may
submit to the Commissioner a supplementary or revised budget.

(5) The institution shall, within two months after the close of every financial
year, submit to the Commissioner in such form as may be prescribed, a statement of
the actual receipts and expenditure relating to that year with particulars of
expenditure, if any, incurred, which is not provided for in the budget including the
supplementary or revised budget with reasons therefor and the Commissioner may,
after considering the reasons given by the institution, approve such expenditure.

Accounts and audit

14. (1) Every institution shall maintain regular accounts of all receipts and
expenditure and the accounts shall be kept for each financial year separately and in
such form and shall contain such particulars as may be prescribed.

(2) The accounts of every institution shall be audited by auditors

appointed by the Government and such auditors shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (Central Act 45
of 1860).

(3) It shall be the duty of the Board and the Executive Officer and of all
the officers and servants working under them, and any person having concern in
the administration of the institution, to produce before the auditors, all accounts,
records, correspondence, plans, other documents and movable property including
cash and ornaments relating to the institution and to furnish them with such
information as may be required and afford them all such assistance and facilities as
may be necessary or reasonable and as may be required in regard to the audit of the
accounts of institution.

(4) Every institution whose annual income as assessed by the auditors is

not less than one thousand rupees shall pay to the Government annually for
meeting the cost of auditing its accounts such contribution not exceeding one and a
half per centum of its income as the Commissioner may determine.

(5) The provisions of section 12, shall as far as may be, apply to the
recovery of the contribution under sub-section (4), as they apply to the recovery of
contributions under that section.
 575

Contents of audit report

15. (1) The auditor shall specify in his report all cases of irregular; illegal or
improper expenditure or of failure to recover moneys due or other property
belonging to the institution or of loss or waste of money or other property caused
by the neglect or misconduct or misapplication or collusion or fraudulent
transaction or breach of trust on the part of any trustee or any other person.

(2) The auditor shall also report on such other matters relating to the
accounts as may be prescribed.

Audit report to be submitted to Commissioner

16. (1) After completing the audit for any year or part thereof, the auditor
shall send a report to the Commissioner.

(2) The Commissioner shall send a copy of every audit report relating to
the accounts of an institution to the Board and it shall be the duty of such Board or
the Executive Officer to remedy any defects or irregularities pointed out by the
auditor, within such time as may be specified therefor by the Commissioner and
report the same to the Commissioner.

Rectification of defects disclosed in the audit and order of surcharge

against trustee, etc.

17. If on a consideration of the audit report and the report of the Board
concerned and after such inquiry as may be necessary, the Commissioner is of the
opinion that the Board or any trustee is guilty of irregular, illegal or improper
expenditure or of loss or waste of money caused by the failure to recover moneys
due or other property belonging to the institution or by neglect or misconduct or
misapplication or collusion, or fraudulent transactions or breach of trust; the
Commissioner may, after giving notice to the Board or such trustee, as the case may
be, to show cause why an order of surcharge should not be passed against such
Board or trustee, and after considering the explanations, if any, of the Board or such
trustee by order certify the amount so spent or the amount or value of the property
so lost or wasted and direct all the trustees of the Board or the trustee concerned, as
the case may be, to pay within a specified time such amount or value personally
and further direct in the event of the failure to pay such amount, the same shall be
recoverable under the revenue recovery law for the time being in force as if it were
an arrear of land revenue.
 576

Board not to lend or borrow moneys without sanction

18. No Board shall either lend or borrow any moneys except with the
previous sanction in writing of the Commissioner, who shall have power to lay
down such conditions and limitations as he deems fit.

Board may provide for certain other expenditure

19. The Board may, out of the funds in its charge, after making adequate
provision for the purposes referred to in sub-section (2) of section 13, provide for,
by a resolution, the expenditure ---

(a) on arrangements for securing the health, safety or convenience of

pilgrims, worshippers or disciples; and

(b) for the training of archakas, adyapakas, Vedaparayanaikas and

othuvars.

Board competent to fix fees for performance of service

20. The Board shall have power, subject to such conditions as the
Government may, by general or special order, direct, to fix fees for the performance
of any service, ritual or ceremony in the institution and to determine what portion,
if any, of such fees shall be paid to the archakas or other office holders or servants
of such institution.

Maintenance of register
21. (1) A register shall be maintained by every institution showing –

(a) the origin and history of the institution and the names of the past
and present trustees;
(b) the names of all officers to which any salary, emolument or
perquisite is attached and the nature, duration and conditions of service in each
case;
(c) descriptive details of the jewels, gold, silver, precious stones, if any,
vessels and utensils and other movables belonging to the institution, with their
weight and estimated value:
(d) particulars of all other endowments of the institution and of all title
deeds and other documents;
(e) particulars of the idols and other images in or connected with, the
institution, whether intended for worship or for being carried in procession;
 577

(f) particulars of ancient and historical records relating to the institution

with their contents in brief; and

(g) such other particulars as may be prescribed.

(2) The register shall be prepared in duplicate and shall be signed and
verified by the President on behalf of the Board and shall be forwarded to the
Commissioner for approval.

(3) The Commissioner while approving the register may, after such inquiry,
as he thinks fit, direct the Board to carry out such alterations, additions or omissions
in the register as he may direct.

(4) One copy of the register as approved by the Commissioner shall be

returned to the Board and the other copy shall be retained by him.

Annual verification of the register

22. The President of the Board shall cause the register maintained under
section 21 to be scrutinised every year, carry out such modifications and alterations
as may be necessary and shall submit a list thereof to the Commissioner within two
months from the expiry of that year and the Commissioner shall append the list to
the copy of the register in his custody.

1 [Power of Commissioner to enter institutions

22A. (1) The Commissioner shall have power to enter the premises of any institution
at all reasonable times for the purpose of exercising any power conferred or discharging
any duty imposed by or under this Act or the rules made thereunder.

(2) If the Commissioner is resisted in the exercise of such power or the

discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition
from the Commissioner, direct any police officer not below the rank of a Sub-Inspector to
render such help as may be necessary to enable the Commissioner to exercise such power
or discharge such duty.

(3) While exercising the powers under this section, the Commissioner shall
before entering the sanctum sanctorum or pooja Gruha or any other portion held specially
sacred within the premises of an institution, give reasonable notice to the Board of trustees
and shall have due regard to the religious practice or usage of the institution.

________________________________________________________________________
1. Inserted by Act 13 of 1973. section 5.
 578

(4) Nothing in this section shall be deemed to authorise any person who is not a
Hindu to enter any institution or part thereof.

(5) If any question arises whether the religious practice or usage of the institution
prohibits entry into the sanctum sanctorum or pooja Gruha or any other portion held
specially sacred within the premises of an institution by the Commissioner or the police
officer referred to in sub-section (2), the question shall be referred to the decision of the
Commissioner. Before making any decision on any such question the Commissioner may
make any such enquiry as he deems fit.

(6) Any person aggrieved by the decision of the Commissioner under sub-section (5)
may, within one month from the date of the decision, appeal to the Government:

Provided that the Government shall not pass any order prejudicial to any party
unless he has had a reasonable opportunity of making his representation.]

Inspection of property and documents

23. (1) The Commissioner may inspect any movable and immovable
properties belonging to and all records, correspondence, plans, accounts and other
documents relating to, any religious institution.

(2) It shall be the duty of every Board and all officers and servants
working under it or any agent or person in charge of the administration of the
institution to afford all such assistances and facilities as may be necessary or
reasonable in regard to any inspection made in pursuance of sub-section (1) and
also to produce for inspection any movable property or document referred to in
sub-section (1) and to furnish such information as may be necessary in connection
with such inspection, if so required.

(3) Where in the course of such inspection it appears to the

Commissioner that the trustee concerned or any officer or servant working in the
institution or any other person in-charge of the administration of the institution has
misappropriated or fraudulently retained any money or other property or incurred
irregular, illegal or improper expenditure, the Commissioner may, after giving
notice to the trustee or the person concerned to show cause why an order of such
charge should not be passed against him and after considering his explanation, if
any, by order in writing assess the amount of the loss, if any, as a result of such
action and direct the trustee or the person concerned to pay within a specified time
such amount personally and further direct that in the event of failure to pay within
the time specified, the same shall be recoverable under the revenue recovery law for
the time being in force as if it is an arrear of land revenue.
 579

Appeal

24. Any person aggrieved by any order made by the Commissioner under
section 11, 14, 17 or 23 may prefer an appeal to the Government within thirty days
of the date of communication of such order:

Provided that the Government shall, before deciding an appeal under this
section, give the parties concerned a reasonable opportunity of being heard.

1[Power of Commissioner to call for records and pass orders

24A. (1) (a) The Commissioner may call for and examine the record of any
Board of Trustees of an institution in respect of any proceeding under this Act (not
being a proceeding in respect of which a suit or an appeal to a court is provided by
this Act) to satisfy himself as to the regularity of such proceeding or correctness,
legality or propriety of any decision or order passed thereon.

(b) If it appears to the Commissioner that the decision or order of the

Board should be modified, annulled or reversed or remitted for reconsideration, he
may pass an order accordingly.

(c) The Commissioner shall not pass any order prejudicial to any
party without hearing him or giving him a reasonable opportunity.

(d) The Commissioner may, pending the exercise of any power

under this sub-section, stay the execution of any decision or order of the Board.

(2) Every application to the Commissioner under this section shall be

preferred within three months from the date on which the decision or order to
which the application relates was communicated to the applicant.]

________________________________________________________________________
1. Inserted by Act 13 of 1973, section 6.
 580

Alienation of immovable property belonging to the institution

25. (1) Any exchange, sale, mortgage, gift or lease for a term exceeding three
years, of any immovable property belonging to, or given or endowed for the
purposes of any institution shall be null and void unless it is sanctioned by the
Commissioner as being necessary or beneficial to the institution:

Provided that before such sanction is accorded, the particulars relating to the
proposed transaction shall be published in such manner as may be prescribed for
inviting objections and suggestions with respect thereto and all objections and
suggestions so received shall be considered by the Commissioner.

Explanation. --- For the purposes of this sub-section, a lease of the property
though for a term not exceeding three years shall, if it contains a provision for
renewal for a further term (so as to exceed three years in the aggregate) whether
subject to any condition or not, be deemed to be a lease for a period exceeding three
years.

(2) When according any sanction under sub-section (1), the

Commissioner may impose such conditions and give such directions as he may
deem necessary regarding the utilisation of the amount raised by the transaction,
the investment thereof and in the case of a mortgage, also regarding the discharge
of the same within a reasonable period.

(3) A copy of the order of sanction shall be communicated to the Board

and shall be published in the Official Gazette.

Board to seek sanction of the Government for filing, withdrawing

or compromising suits etc.

26. No suit, prosecution or other legal proceeding by any Board shall be filed
or commenced before any court without the previous sanction of the Government
and no suit, prosecution or other legal proceeding shall be withdrawn or
compromised by the Board except with the previous sanction of the Government.

Penalty for contravention of section 4 (7)

27. Whoever fails to comply with the provisions of sub-section (7) of section 4
shall be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to one thousand rupees or with both.
 581

Other penalties

28. Whoever contravenes or attempts to contravene or abets the

contravention of any of the provisions of this Act or of any rules made thereunder
other than those for which penalty has been specifically provided under this Act,
shall be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to five hundred rupees or with both.

Sanction of Government or prosecution

29. No court shall take cognizance of any offence under this Act or the rules
made thereunder except with the previous sanction of the Government.

Savings

30. Save as otherwise expressly provided in this Act or the rules made
thereunder, nothing in this Act shall –

(a) affect any honour, emolument or perquisite to which any person is

entitled by custom in any religious institution or its established usage in regard to
any other matter; or

(b) authorise any interference with the religious or spiritual functions in

any institution.

Power to make rules

31. (1) The Government may, by notification in the Official Gazette, 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 all or any of the following matters, namely:

(a) the period of notice to be given under sub-section (4) of section 4;

(b) the manner and the time in which a member who ceases to hold office
is to hand over the property, document or cash which was under his control or
possession;

(c) the rules of procedure and the conduct of business at the meetings of
the Board, including the quorum thereat;
 582

(d) the powers and duties of the Executive Officers under sub-section (2) of
section 9;

(e) the manner in which officers and other employee of the Board may be
appointed;

(f) the manner in which the contribution payable under sub-section (1) of
section 11 shall be notified to the institution;

(g) the form and contents of the budget and the form of the statement of
actual receipts and expenditure and the manner in which they are to be submitted
in accordance with section 13;

(h) the manner in which the contributions under sub-section (4) of section
14 shall be apportioned and notified;

(i) the manner in which registers and accounts are to be maintained;

(j) the manner in which proposals of alienation of immovable property

belonging to the institution is to be published under section 25; and

(k) any other matter which is required to be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be, after
it is made before the Legislative Assembly, while it is in session for a total period of
fourteen days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session in which it is so laid or the sessions
aforesaid, the Legislative Assembly makes any modification in the rule or decides
that the rule should not be made, the 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.

Repeal and saving

32. (1) On the commencement of this Act, the Arrete dated 29th June 1918,
and the Royal Ordinance dated 30th September 1827 (hereinafter called the
corresponding laws) shall stand repealed.
 583

(2) Nothing in sub-section (1) shall affect,---

(a) the previous operation of the corresponding laws so repealed or anything duly
done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under
the corresponding laws so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence

committed against the corresponding laws so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had
not been passed.
_______

STATEMENT OF OBJECTS AND REASONS ACT 10 of 1972

The Religious Institutions of this Union territory are governed by the arrete
dated 29th June 1918 of then French Administration. As it stand, it is sketchy pace
of legislation which does not cast definite responsibilities on the trustees nor
empowers the Government to take adequate action. To effectively supervise the
affairs of the Religious institution, new provisions to meet the difficulties arising on
the subject are felt necessary.

The present Bill seeks to achieve the above object.

STATEMENT OF OBJECTS AND REASONS ACT 13 OF 1973

The Puducherry Hindu Religious Institutions Act, 1972, replaced the old
Decret on the subject. The said Act does not contain any provision for the
appointment of Scheduled Castes to the Boards of Trustees to be constituted under
the Act. There have been persistent requests for giving due representation to the
Scheduled Castes in the Boards of Trustees. To keep pace with the changing
conditions, it is felt necessary to make provisions for the appointment of a person
belonging to the Scheduled Castes as a member of the Boards of Trustees.
Opportunity has been taken to include certain provisions in the Act to effectively
supervise the affairs of the Hindu Religious institutions.

The Bill seeks to achieve the above objects.

________