The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986
The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986, Tamil Nadu Act 53 of 1986, was published by the Tamil Nadu Government and is effective from 1 January 1986. It temporarily protects cultivating tenants in scheduled flood affected areas by restricting rent recovery and eviction for rent arrears, and allows certain tenants evicted on or after 1 July 1984 to apply for restoration of possession.
What the law covers
The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986, Tamil Nadu Act 53 of 1986, published by the Tamil Nadu Government and effective from 1 January 1986, applies to cultivating tenants in flood affected areas listed in its Schedule. The supplied text lists villages in Chengalpattu district and permits the State Government to add other flood affected areas by notification.
The law covers cultivating tenants recognised under the Tamil Nadu Cultivating Tenants Protection Act, 1955, or the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961. The supplied text does not state the date on which the temporary protections expire.
Main protections
The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986 provides that, while it continues:
- A suit to recover rent cannot be instituted against a cultivating tenant in a civil or revenue court.
- An application to execute a money decree arising from a rent recovery suit cannot be made against a cultivating tenant.
- A landlord or public trust cannot seek eviction under the specified tenancy laws solely because the cultivating tenant owes rent.
- A cultivating tenant cannot be evicted for rent arrears, whether through a court decree or order or by another method.
- Appeals, revisions and reviews are included within the restrictions.
- Time covered by the restrictions is excluded when calculating limitation periods for rent recovery, eviction or execution proceedings.
- Stayed cases may continue after the law expires, from the stage already reached and subject to the law then in force.
Restoration after eviction
The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986 allows a cultivating tenant evicted on or after 1 July 1984 for rent arrears to apply to the Revenue Divisional Officer for restoration. Eligibility depends on when the area was included in the Schedule, and the application must be made within the prescribed period.
Why it matters for land dealings
The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986 affects cultivating tenants, agricultural landlords, public trusts and persons dealing with occupied agricultural land in scheduled areas. A buyer or owner should check whether land is in a scheduled flood affected area and whether a cultivating tenant has possession or a possible restoration claim. The law takes priority over inconsistent tenancy laws, contracts, customs, court orders and other listed legislation.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a landlord evict a cultivating tenant for unpaid rent in a listed flood affected area?
While the Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act, 1986 continues, a landlord or public trust cannot evict a cultivating tenant on the ground of rent arrears.
Can an earlier rent recovery case continue during the temporary relief period?
Proceedings covered by the restrictions are stayed. After the law expires, they may continue from the stage already reached, subject to the law then in force.
Can a tenant already evicted get the agricultural land back?
A cultivating tenant evicted on or after 1 July 1984 for rent arrears may apply to the Revenue Divisional Officer for restoration, subject to the area and timing conditions in the law and the prescribed application period.
Can more flood affected areas be brought under the law?
Yes. The State Government may add a flood affected area to the Schedule by notification.
