The Kanam Tenancy Abolition (Second Amendment) [1] Complete Act - Bare Act

An Act further to amend the Kanam Tenancy Abolition Act, 1976

Preamble.- WHEREAS it is expedient further to amend the Kanam Tenancy Abolition Act, 1976, for the purposes hereinafter appearing;

BE it enacted in the Thirtieth Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Kanam Tenancy Abolition (Second Amendment) Act, 1979.

(2) It shall be deemed to have come into force on the 1 st day of January, 1970.

2. Insertion of new section 15A.-After section 15 of the Kanam Tenancy Abolition Act, 1976 (16 of 1976) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-

"15A. Restoration of possession of certain holdings sold for arrears of Jenmikaram.- (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 a decree for arrears of jenmikaram and the karam tenant has been dispossessed of the holding after the appointed day and before the date of publication of the Kanam Tenancy Abolition (Second Amendment) Ordinance, 1979, in the Gazette, such sale shall stand set aside and such kanam tenant shall, subject to the provisions of this section, be entitled to restoration of possession of the holding.

(2) Any person entitled to restoration of possession of his holding under sub-section (1) may, within a period of six months from the date of publication of the Kanam Tenancy Abolition (Second Amendment) Ordinance, 1979, in the Gazette, deposit an amount equal to the arrears of jenmikaram for the one year immediately preceding the appointed day in the court which passed the decree and apply to that court for setting aside the sale and for restoration of possession of his holding:

Provided that where the holding has been sold to a purchaser other than the decree-holder, the amount to be deposited under this sub-section shall be equal to the purchase money together with interest at the rate of six per cent per annum.

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

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

(5) The court may also order the applicant to deposit in the court such amount as may be specified by it towards cost of the auction purchaser and the value of improvements, if any, effected on the holding after the sale.".

3. Repeal and saving.- The Kanam Tenancy Abolition (Second Amendment) Ordinance, 1979 (12 of 1979), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.