The Stay of Recovery of Arrears of Jenmikaram Act, 1975 (No.8 of 1975)

THE STAY OF RECOVERY OF ARREARS OF 
JENMIKARAM ACT. 1975 
Preamble. 
Sections 
(Act 8 of 1975) 
CONTENTS 
1. Short title, commencement and duration. 
2. Interpretation. 
3 Stay of suits, applications, etc., for arrears of 
jenmikaram. 
4. LimitatiOn 
5. Repeal and saving. 
THE STAY OF RECOVERY OF ARREARS OF 
JENMIKARAM ACT, 1975* 
(Act 8 of 1975) 
An Act to provide for the temporary protection of kanam 
tenants and persons deriving title from them 
against proceedings for recovery of 
arrears of jenmikaram and for 
matters incidental thereto 
Preamble.-WHEREAS the Stay of Recovery of Arrears 
of Jenmtkaram Act, 1974 (15 of 1974), which provided for the 
temporary protection of kanam tenants and persons derivmg 
title from them agamst proceedings for recovery of arrears of 
jenmikaram and for matters incidental thereto, ceased to have 
effect on the 30th day of June, 1974 ; 
AND WHEREAS it is necessary to prov1de for such protec­
tion to such persons for a further period ; 
BE it enacted in the Twenty-sixth Year of the Republic 
of Ind1a as follows -
1. Short title, commencement and duration.-(!) This ~ 
Act may be called the Stay of Recovery of Arrears of Jenmi­
karam Act, 1975. 
*Received the assent of the President on the Jrd day of April, 1975 
and published m the Gazette Extraordmary No. 176 dated 4th April, 1975. 
!H 
(2) It shall be deemed to have come into force on the 
22nd day of January, 1975 and shall cease to have effect on the 
31st day of December, 1975. 
(3) Upon the expiry of this Act, the provisiOns of 
section 4 of the InterpretatiOn and General Clauses Act, 1125 
(VII of 1125), shall apply as lf this Act had then been repealed 
by an Act of the Kerala State Legislature. 
2. Interpretation.-Words and expressiOns used In this 
Act shall have the meanmgs respectively assigned to them in 
the Kanam Tenancy Act, 1955 (XXIV of 1955). 
3 Stay of suits, applications, etc., for arrears of jenmi­
karam.-(1) Notwtthstandmg anythmg to the contrary 
contamed m the Kanam Tenancy Act, 1955 (XXIV of 1955) or 
in any other law, or m any contract, or in any Judgment, 
decree or order of any court, with effect on and from the 
commencement of this Act,-
(a) no suit or application or other proceedings for the 
recovery of arrears of jenmtkararn accrued due before the 
.1:>..~ commencement of this Act ; or 
(b) no application for, or proceedmgs in, executwn of 
a decree or order for the recovery of such arrears of Jenmi­
karam or other apphcatwn or proceedmgs mcidental or 
anctllary thereto, 
shall he m any court or before any other authonty or officer, 
and all su1ts, apphcatwns and other proceedmgs for recovery 
of such arrears of jenmtkaram and all applicatiOns for, and 
proceedmgs m, executwn of decrees or orders for recovery 
of such arrears of Jenrnlkaram and other applications and pro­
ceedmgs mcidental or anctllary thereto, pendmg m any court 
or before any other authority or officer at the commencement 
of this Act, shall stand stayed 
(2) All appeals against decrees or orders relating to 
arrears of jenmikaram accrued due before the commencement 
of this Act, and all rev1s10ns against decrees or orders relating 
to such arrears of jenm1karam, pend1ng m any court or before 
any other authority or officer at the commencement of this Act, 
shall stand stayed, and no court or other authority or officer 
shall proceed with any such appeal or rev1s10n filed after such 
commencement. 
4. Limitation.-In computing the period of hmitation for 
the institution of suits or other proceedmgs or the makmg of 
applications or the filmg of appeals and revisions prohib1ted 
under this Act, the time during which such suits or other pro- ~ 
ceedings or applicatwns or appeals or revisions were prohibited 
under this Act shall be excluded 
5 Repeal and saving.-(!) The Stay of Recovery of 
Arzrears of Jenmikaram Ordinance, 1975 (2 of 1975) is hereby 
repealed. 
(2) Notwithstanding such repeal, anythmg done or any 
actwn taken under the said Ordmance shall be deemed to have 
been done or taken under this Act. 

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