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[Cites 0, Cited by 29] [Entire Act]

State of Tamilnadu - Section

Section 1 in The Chennai City Tenants Protection Act, 1921

1. Short title and application.

(1)This Act may be called the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Tenants' Protection Act, 1921.
(2)[ (a) It extends to,-
(i)the City of [Chennai];
(ii)the townships of Kodaikanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur.
(b)The State Government may, by notification in the Tamil Nadu Government Gazette, extend this Act with effect from such date as may be specified in the notification to,-
(i)any other municipal town;
(ii)any other township; or
(iii)any specified village within eight kilometres of the City of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).], or of the townships referred to in sub-clause (ii) of clause (a), or of such other municipal town referred to in sub-clause (i) or township referred to in sub-clause (ii).
(3)This Act shall apply,-
(a)in the areas in which this Act is in force on the date of the publication of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, only to tenancies of land created before that date; and
(b)in any other area, only to tenancies of land created before the date with effect from which this Act is extended to such area by notification under clause (b) of sub-section (2):]
[Provided that nothing contained in this Act shall apply to tenancies of land owned-
(a)in the City of Chennai, by the Corporation of [Chennai],
(b)in any other municipal area, by the municipal council concerned,
(bb)[ in any township, by the township committee concerned,] [This clause was inserted by section 3 of the Madras City Tenants Protection (Amendment) Act, 1979 (Tamil Nadu Act 2 of 1980) deemed to have come into force on the 9th January 1974.]
(c)in any area in a district as defined in the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] District Boards Act, 1920 ([Tamil Nadu] [The Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) was repealed by the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the later Act is in force now.] Act XIV of 1920)], which is comprised within the local limits of a panchayat constituted under the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Village Panchayats Act, 1950 ([Tamil Nadu] [The Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) was repealed by the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the later Act is in force now.] Act X of 1950) or of a panchayat or panchayat union constituted under the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) [The Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) was repealed by the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the later Act is in force now.], by the panchayat or by the panchayat union council concerned,
(d)in the case of all areas in a district defined as aforesaid, which are not comprised within the local limits of such panchayat or panchayat union by the district board concerned, and
(e)by the Board of Trustees for the improvement of the City of Madras constituted under the Madras City Improvement Trust Act, 1950 (Madras Act 37 of 1950):] [Section 162 of the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) has repealed the Madras City Improvement Trust Act, 1950 (Madras Act 37 of 1950). Consequently, by virtue of section 12 of the former Act, the Board of Trustees for the Improvement of the City of Chennai shall stand dissolved and all its assets and liabilities shall stand transferred to the Tamil Nadu State Housing Board.]
[Provided further that nothing contained in this Act shall apply to tenancies of land vested or deemed to be vested in, or acquired by, the Board of Trustees of the Port of Chennai under the Major Port Trusts Act, 1963 (Central Act 38 of 1963).
(f)[ by any religious institution or religious charity belonging to Hindu, Muslim, Christian or other religion.
Explanation. - For the purpose of this clause,-
(A)"religious institution" means any-
(i)temple;
(ii)math;
(iii)mosque;
(iv)church; or
(v)other place by whatever name known,
which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship;
(B)"religious charity" means a public charity associated with a religious festival or observance of religious character (including a wakf associated with a religious festival or observance of religious character), whether it be connected with any religious institution or not:]
Provided that nothing contained in this section shall be deemed to invalidate any suit or proceeding in which a decree or order passed has been executed or satisfied in full before the said date.] [This proviso was added by section 2 of the Chennai City Tenants' Protection (Amendment) Act, 1975 (Tamil Nadu Act 25 of 1975).]
(4)[ The State Government may, by notification in the Fort St. George Gazette5, cancel any notification issued under sub-section (2), but cancellation shall not be deemed to affect the power of the State Government under subsection (2) again to extend this Act to such [town, township or village] [Sub-sections (4) to (6) were added by section 2(ii) of the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960).].
(5)Where a notification is issued under sub-section (4), every proceeding pending on the date of the publication of such notification and instituted under the provisions of this Act as extended by virtue of the notification issued under sub-section (2) which has been cancelled by such notification, shall abate and all rights and privileges which may have accrued immediately before such date to any person by virtue of this Act as extended shall cease and determine and shall not be enforceable:Provided that nothing contained in this sub-section shall be deemed to invalidate any suit or proceeding in which the decree or order passed has been executed or satisfied in full before the date mentioned in this sub-section.
(6)Every notification issued under sub-section (2) or sub-section (4) shall be laid before the Legislature, if it is sitting, as soon as may be after the issue of the notification, and if it is not sitting within seven days of its re-assembly, and the State Government shall seek the approval of the Legislature to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before it; and if the Legislature makes any modification in the notification or directs that the notification should cease to have effect, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.] [Proviso added by Tamil Nadu Act 13 of 1960.][Sub-sections (2) and (3) were substituted for the original sub-sections by section 3 of the Chennai City Tenants' Protection (Amendment) Act, 1979 (Tamil Nadu Act 2 of 1980), deemed to have come into force on the 9th January 1974.]