TAMIL NADU OCCUPANTS OF KUDIYIRUPPU
(CONFERMENT OF OWNERSHIP) AMENDMENT ACT, 1975 THE TAMIL NADU
OCCUPANTS OF KUDIYIRUPPU (CONFERMENT OF OWNERSHIP) AMENDMENT ACT, 1975 [Act No. 06 of 1976] [20th March, 1976] An Act further to
amend the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act,
1971. Be
it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth
Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Occupants of
Kudiyiruppu (Conferment of Ownership) Amendment Act, 1975. (2) It shall be deemed to have come into force on the
24th December 1971. In
section 2 of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership)
Act. 1971 (Tamil Nadu Act 40 of 1971) (hereinafter referred tot as the
principal Act),-- (a) in clause (8), the Explanation shall be numbered as
Explanation I, and after the Explanation as so numbered, the following
Explanation shall be inserted, namely: -- "Explanation
II.--In determining the question whether for the purposes of clause (8), any
area adjacent to the dwelling house or hut is necessary for the convenient
enjoyment of such dwelling house or hut-- (i) the area which the agriculturist or agricultural
labourer had been enjoying immediately before the 19th June 1971, and (ii) such other factors as may be prescribed, shall be
taken into account;"; (b) in clause (12), for the expression " under
section 3 " the words "under the provisions of this Act" shall
be substituted. In
section 3 of the principal Act,-- (i) in sub-section (1), for the words " Any
agriculturist", the words " Save as otherwise provided in this Act,
any agriculturist " shall be substituted; (ii) in sub-section (2), for the expression
"referred to in sub-section (1)", the expression " in whom such
kudiyiruppu vests under sub-section (1)" shall be substituted; (iii) after sub-section (2), the following sub-section
shall be added, namely: -- " (3) Nothing in sub-section (1) shall be
deemed to confer the right of ownership of kudiyiruppu on any agriculturist or
agricultural labourer if he already owns a dwelling house or hut or a
house-site, within a distance of one kilometre from the kudiyiruppu referred to
in sub-section (1): Provided
that the site on which the dwelling house or hut is erected or the house-site
concerned is more than three cents in extent". After
section 3 of the principal Act, the following sections shall be inserted,
namely: -- " 3-A. Provision of alternative site in
certain cases.-- (1) (a) Where on application by the owner, the
authorised officer is satisfied that the kudiyiruppu referred to in sub-section
(1) of section 3 (hereinafter referred to as the " existing kudiyiruppu
") is located in any portion of any land and that the vesting of any such
kudiyiruppu in any agriculturist or agricultural labourer may cause
inconvenience for the convenient enjoyment of such land as a whole by the owner
of such land, the authorised officer may, by an order in writing, permit the
owner of such land to provide an alternative site within the same land or in
any other land already owned by such owner, within such distance and within
such period as may be prescribed, for the occupation of the agriculturist or
agricultural labourer concerned. (b) ???The alternative
site shall satisfy the following conditions, namely: -- (i) it shall be fit for erection of a dwelling house or
hut, if there is not already such dwelling house or hut on the site, (ii) its extent shall not be less than the extent of the
existing kudiyiruppu, subject to a minimum of three cents, and (iii) such other conditions as may be prescribed. (2) The authorised officer while granting permission
under sub-section (1) shall also direct the payment, by the owner to the
agriculturist or agricultural labourer, within such time as may be prescribed,
of reasonable costs as decided by the authorised officer for shifting of the
resident to the alternative site including the cost for erecting a
superstructure on the said site. The authorised officer shall, before granting
permission under sub-section (1), satisfy himself that the conditions mentioned
in sub-section (1) are satisfied: Provided
that before granting such permission, the authorised officer shall given an
opportunity of being heard to the agriculturist or agricultural labourer
concerned: Provided
further that the authorised officer shall not grant such permission if the
alternative site is not already owned by such owner. (3) If such owner fails to provide the alternative site
as permitted by the authorised officer within the prescribed time or fails to
comply with any direction given under sub-section (2) in regard to payment 01
costs, the agriculturist or agricultural labourer snail De entitled to the
ownership of the existing kudiyiruppu under sub-section (1) of section 3. (4) If such owner provides an alternative site in
pursuance of the permission granted under sub-section (1), the agriculturist or
agricultural labourer concerned shall be given an opportunity to occupy the
alternative site and he shall be deemed to nave become the owner of such
kudiyiruppu, from the date on which he so occupies the alternative site. Such
alternative kudiyiruppu shall, with effect from such date, be deemed to have
vested in him absolutely free from all encumbrances and the site of the
existing kudiyiruppu shall revert to the owner. (5) Where any agriculturist or agricultural labourer
fails or refuses to shift to the alternative site provided by the owner in
pursuance of a permission granted under sub-section (1) within such time as may
be prescribed, such agriculturist or agricultural labourer shall not be
entitled to the benefits of this Act, but shall be entitled to the protection
under the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act,
1961 (Tamil Nadu Act 38 of 1961). 3-B. Authorised officer to decide whether a person
is an agriculturist or agricultural labourer, etc.-- (1) If any question arises? (a) whether any person is an agriculturist or an
agricultural labourer, or (b) whether any land is an agricultural land, or (c) whether any site is a kudiyiruppu, or (d) whether any area adjacent to a dwelling house or
hut is necessary for the convenient enjoyment of such dwelling house or hut; such
question shall be decided by the authorised officer. (2) In deciding any question under sub-section (1), the
authorised officer shall follow such procedure as may be prescribed." In
sub-section (1) of section 5 of the principal Act, for the expression "
under section 4 ", the expression " under section 3A or section 3B or
section 4 " shall be substituted. In
sub-section (2) of section 13 of the principal Act, for the expression "
under section 3 ", the words " under the provisions of this Act"
shall be substituted. In
sub-section (1) of section 14 of the principal Act, for the expression "
under section 3 ", the words " under the provisions of this Act"
shall be substituted. In
section 16 of the principal Act,-- (i) in sub-section (1), after the words " the date
of the commencement of this Act ", the words " or the date of vesting
of such kudiyiruppu or the superstructure, as the case may be ", shall be
inserted; (ii) in sub-section (2), after the words "the date
of the commencement of this Act", the words " or the date of vesting
of the kudiyiruppu or the superstructure, as the case may be ", shall be
inserted. In
the Explanation under paragraph 2 of the Schedule to the principal Act,-- (i) in item (i), for the expression "under
sub-section (1) of section 3 ", the words " under the provisions of
this Act" shall be substituted; (ii) in item (iii), for the expression " under
sub-section (2) of section 3 ", the words " under the provisions of
this Act" shall be substituted.
Preamble - TAMIL NADU OCCUPANTS OF
KUDIYIRUPPU (CONFERMENT OF OWNERSHIP) AMENDMENT ACT, 1975PREAMBLE