The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971

 
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The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 
1971 
 
Act 40 of 1971 
 
 
 
 
 
 
 
 
Keyword(s): 
Agricultural Labourer, Agricultural Land, Agriculturist, Kudiyiruppu, Person 
Interested, Plantation, Plantation Labourer, Tenant, Vested Kudiyiruppu or 
Superstructure 
 
1 : T. N. Act 40) Occupants qfKudiyiruppu (Co~ferntent 1247 
of .Ownership) 
THE TAMIL XADU OCCUPANTS OF KUDIYIR UPP Uf ,(CONFERMENT OF OWNERSHIP) P.CT, 197 1. 
ARRAKGEMENT OF SECTIONS. 
Shosi title and con7 n~ence~~~cac. 
Definiilo~5. 
Occupant of kudiyiruppu to become owner. 
3-A Provision of alternative site in certain cases 
3-B Allthoriser1 officer to decide whether a person is an 
agriculturist or agli~~ltu;al labourer, etc. 
Decision by authorised officer. 
Appeal. 
Right to receive compensation. 
Compensation. 
Appeal against order of compensation. 
Apportionment of compensation. 
Payment of compensation. 
Appeal to High Court. 
Power of authorised officer to call for information. 
Mode of payment of compensation. 
Recovery of compensation payable under the Act. 
Obligation of transferor and transferee to give notice of transfer. * 
15-A Prohibition of alienation of kudiyiruppu or super- 
strucfllre. 
F 
PC 1248 Occupanr~ ofKudiyirwppu (Conferment [I971 : T.'N. Aet 4@ 
I of Olvnership) 
9 
\ 
16 Transitio~al provision in regard to certaia liabilities. 
17 Power to acquire land used for common purposes. 
17-A Power of Government to cancel or modify notification 
under section 17 (1) in certain cases. i -' 
1743 Land tlot to have vested in certain cases. 
17-L Vesting of land newly included. 
18 Service of notices and orders. 
19 Powers of entry. 
21 Offences by companies. 
22 Prosecution and trial of offence. 
23 Bar of jurisdiction of Civil Courts. 
24 Authorised officer. etc,, to be public .serva nt. 
: 5 Protection of action taken in good faith. a 
26 Act to override otker laws. . 
27 PC wer to make des, 
SCHEDULE. r +) a 
1 I 
1 
P 
- .. , 
:P.M. Alt Oj Occupmrs sfdharym 
Cottfdrnerrtdqo C)ulle~zrrbf&) ' 
1 TAMIL NADU ACT No. 40 OF 1971,* 
OCCUPANTS OF KUDI YIKUPPU 
OF OWNERSHIP) ACT? 1971 t, 
the President on the 20th December 
d tit the Tamil Nadu Government 
Gazette Extraordinary on the 24th December 297 1 
Act to provide for the conferment of ownership rights 
I 
on occupants of kudiyiruppu in the State of 7lmi 
Nadu. 
enacted by the Legislature of the State of Tamil 
in the Twenty-second Year of the Republic of 
as follows :- 
! 1. (1) This Act may be called the Tamil Nadu Occupants Shon titL 
' of Kudiyiruppu (Conferment of Ownership) Act, 197 1. i 
I 
(2) The Government may, by notification, direct 
that this Act shall come into force in any area on such 
, date as may be specified in the notification and diK3rent 
dates. may be appointed for different areas. 
2. In this Act, unless the context otherwise requires,-- Ddhhma, 
(1) " agricultural labourer "means a person whose 
priacipal mear,s of livelihood is the income he gets as 
Wages for his manual labour on agricultural land '[but 
d.~ not include a plantation labourer] ; 
3 - .. - -- ,-"- . .-5 
I * For Statemznt of Objects and Reasons see Tomil N& 
Government Gazette Extraordinary, dated the 27th July 1971 
Part lv--Seci i gn 3, page 68 1 . 
this Act sl~all not bc affected by the Tamil Nadu 
iruppu (Proteztion from Eviction) Re-cnacting 
u Act 23 of 1975) or tl,~ Tr;~il Nadu Occupants 
tection from Eviction) Act, 1961 (Tamil Nadu 
nacted by Tamil Nadu Act 23 of 1975--Please 
Nadu Act 25 of 1975. * 
These words were, added by section 2 i) of the Tamil Nadu 
'1974 (ramif. Nadu Act 17 of 1974). 
6 dnts of Kudiyiruppu (Conferment of wnmhip) Amendmeat 
C- 1-125-7-79 
(2) " ~giiiultural iaad " ' means .a,, + i *id . used far 
soy of the following purposes, namely :: 
v . *". , '* ",.... '" 
* '- ..' -.. , - ' 8 ' :c: X 
- ,to); h~x&i-~ulture :; .. .: . , . .+ i - -' - , . ..-I , . .i . - -! (b) the raising of crops, grass or garden produce; 
: 
. . (c)-- giazing ' ; 
L .- . v. z% . . 
-(d) :ththe..iaising of manure crops ; -, . . I . . . I* 
. . . . 
! 
, 
(e) dairy farming ; 
. - ,* ... -., 
if) poultry farming ; . , a 
,. 
I - 
(g) livestock breeding ; +. . 
, ". . - (11) growing of trees ; and , , . . 
I. 
I. 
-h 2 ; 1 -Ld .. . 
-4 , ;.--; L; . , : 
: :r*+c ,-v.& : . (ii) dies not include Splant 
for ancillary pyrposcs of plantation o 
used - exclusivk~y ' for non-agricultura 
i-. ' L 
-. . - 
- (3) " agriculturist means a person ;who cultiva 
agricultural land by the contributioq of his. 
.$>,t -A ; ' - labour 3r of the manual labour of ... I. , 
: . " (4) '' authorised officer " m 
Qfficer- not below the - rank of 
by the Government by '.noti 
powers conferrid- on, and discharge the 
upon, the authorised cfficer under this Ac 
.as may be'specified in the. notifiqtion ;, . . 
- I. . . .. 
. , .- 
Act, 1982 (Tamil Nadu Act 3 
1971: - - T. N. .Act ,401 Occupants of Kut#yituppu 125 1 
(Confer mmr of Owner ship) 
- (5)- '' Court " mtans-- 
* - 
... 
i I 
. (i) in the City of ~adras,'the Madras City Civil 
Court ; and 
' (ib*elsewhcre, the Subordinate Judge's Court 
having jurisdiction and if there is no such Subordinate 
Judge's Court, the District .Court having jurisdiction ; ' 
(6) " date of the commencement of this Act " means 
in relation to any area, thedate on which the notification 
under sub-section (2) of section 1' is published in the Tamil 
Nadu Government Gazette, in relation to that area'; , 
- (7)- " Government " means the State Gcvzmment; 
(8) " kudiyiruppu " means the site of any dwelling 
house or. hut occupied, either as tenant or as licensee, by 
any agriculturist or agricultural labourer and includes 
such other area adjacent to the dwelling house or hut as 
may be necessary for the convenient enjoyment tJ. .~ch 
dwelling house or hut; 
llExplanation 11.-It shall be presumed that any person 
occupying the kudiyi ruppu is an agricul turd l abourtt 
or an ~sagiculturist, until the contrary is proved. 
2pxplanation 11.--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 . ' 4 , 0. 
enjoyment of such dwelling house or hut- - . '- -c; 
*. . . - -. . -, 
I 
(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 ;l 
Y.+ 
."I -.-- -- ._ .. -- . This Explanation was numbered as ~x~lanation I by section 26) 
of the Tamil.Naau GCCup~iiLs sf Y-*rtiyiruppu ((;on:"ament.of  OW^- 
ship) Amendment Act, 1975 (Tamil N~,du Act 6 of 1976). which 
was deemed to have come into force on the 24th December 19'7 1. 
1. 
8. :.. h . .. 
' This ~x~lanation v1as insert'ed by ection 2(a), [bid. . . +, 
1 2sa4 OCCU~U~~S # ptl'ud~~~~~ 11971 ' : T..N. AC~ -&-- i 
(Confermenr of Owneiship) 1 I 
' 
$@A) "plantatloIi" means any land used for; gru6iag 
all or any of the following, namely, cardamom, cinchaha, 
coffee, rubber or tea ; 
wages fm his manual: laljour on 'pla 
(10) 4' schedule * hieans the Schedule appedi#$d to 
. . .. *(I I) "'tenant" ' maris any persoh 
:&'&feed to pay, rent ur &.her consid 
I 
$llowed by another ta enjoy the 1 
'tenancy agreement, express or i 
heirs and legal representatives ; 
=Zf 
to bm6 
. Qwmf* 
a These words w 
3 "by section 2( i) 
(mt of Otbmship) 
6 016 19761, whiCh wits dee 
XMccmber 1971. 
"- --* %. e -.*r*.:,.., .. 
971 : T.N. Act 401 Ocacpants of Kudiviruppic 
(Ccnfermenr of Ownership) 
(2) Where, in the case of an occupant of kudiyiruppu 
'[in u horn such ku Ji yirilppu vests under sub-section (1). 1 
the superstructure belcngs to any person other than such 
occupant, such superstructure shall also, with effect from 
the date of the commenccmcnt of this Act, vest in such 
occupant absolutely frce from all encumbrances. 
2[(3) Nothil2g i11 sub-section (1) shall bc dccli~cd to 
confer the right of ownership of kudiyirclppu on any 
agriculturist or agricultu-a1 lohoutcr if he alrcady owns a 
dwelling house or 11ut or a housc-.;he, within a distance of 
one kilometre from the kudiyiruppu referred to in sub- 
section (1) : 
Provided that the site on whlch the dwelling house or 
hut is erected or thc house-site conceriled is lnorc thal~ 
three cents in cxtent.] 
3134. (1) (a) W11ci-c on application bythc own~r, th; alternative Pr~visionof authorised officer i~ s?.tisficd th;:t the kudi yiruppu ref- ,,,, certain 
erred to in sub-section (1) of section 3 (hereinafter referred cases. 
to a.s the " existing kud.iyiruppu " ) is lociited in an) 
portion of any land and that the vesting of any such 
kudiyiruppu in a.r.y agricultm ist or agriucltur.al labourer 
may cause inconvenience for the convenient enjoyment 
.of such land as a wholt: by the owner of such land, the 
authorised officer ma,y, by an order in writing, permit the 
owner of such land to provide 8.n a.ltcrnative site within 
the same land or in any other land already owned by 
such owner, within such d.istancc a.nd within such period 
as may be prescribed, f5r the occupation of the a.griculturist 
or agricultura.1 labourer conwned. 
1 This expression was substituted for the expression ''roferr:d 
to in sub-section (1) " by sectioo 3(ii) of the Tamil Nalu Occupants 
of Kudiyiruppu (Conferment of Ownership) Amend n~ent Act, 1975 
(Tamil Nadu Act 6 of 1976), which was deemed to have come into 
force on the 24th December 1971. 
a This sub-section was added by section 3(iii) of the Tamil Nadu 
Occupants of Kudiyiruppu (Conferment of Ownership) Amen dinent 
Act, 1975 (Tamil Nadu Act 6 of 19761, which was deemed to have 
come into force on the 24th December 1971. 
8 Sections 3-A and 3-8 were inserted by se:tion 4 of tt~t Tacnil Naau 
Occupants of Kudiyiruppu (Conferment of Ownership) Amendment 
Act, 1975 (Tarnil Nadu Act 6 of 1976), which was deemed to have 
came info- force. on tlio 24th December 1971, , 
C-1-125-7-80 
Occupants of Ktldiyirtppppu 11971 : a T. N. 
(Conferment of Ownership) 
(h) The alternative site shall sati 
conditioris, namely :- 
(i) it shsll be fit fc7r erection of a dwelling house. 
or hut, if tltcre is not alrencly soch dwelling nogse or hut . 
on the site, 
(ii) its cxtenl sl~~.ll not be less tllan the extent of" 
the exissing kidiyiruppu, subject to a ~llinirnuln of threez: 
ccnts, and 
(iii) such othw col:ditioi:.s as may bc pl escribd. 
(2) The nuthorised officer while granting permission ~ 
under silb-.%ection (1) sha.11 i.1~0 direct the payment, by the 
owner to tl~c a.gric~~ltu;.irt 01- pgi inrltural labourer, within 
sucl~ time ;IS may bt? prcscri bc.~, of 
decided by the amthori~ed officer for sh 
to the ~.ltcrimtive site i nd~tding the 
,:~.perstmcturo on the :aid site. The 3. 
shall, before granting permission under sub-se 
satisfy himself the.t the conditions lneilli~rocd in s 
(I) are satisfied : 
Provided tht khforc granting such per mission, t 
authcsiszc' officer shall .@vc an opportu~ity of being ha 
to tho a~ricultuf-ist or agricultura! labourer concerned 
Provided further that the euthorised offi~r & 
not gard such permission if the alternative 
already owned by such owner. 
(3) If such ow-cr frkils to provide t11c 
site as pt:rmitted by thc authoriscd o 
prescribed timo or f;li 1 s to comply with a 
under sub-section (2) in reg~.rd to payment o 
agricuItu: ist or a.gricalturr?l labourer sha.11 be 
the owner~hip of the existing kudiyiruppu under sub. 
(1) of sectbn 3. 
(4) ~f ~ucll owjlcc pA~idcs 811 ;ilte; 
suancc of the pcrmi~sior; ganted under: su 
the agric;titut ist ci. agricidtural labourer co 
:; givr;t zil opportunity to OCCUPY ih.: dternztive 
he shr.11 b~ clt.oined to have become the owner. 
kudiyiruppu, from the date on which he so 
tive site. Such alterlla t ive kudiyiru 
- .rr*,. - - --- -*. ...- 
t 401 Occqmr ts of Kudi-vi~*~!ppu 
( Co:;'l. I.:.: -*.t 3f Cjvrier ship) 
from such date, b:. d.ce~~lcd to ha.vt: i~ccicd in 11i1i7 
bmlutely free from all ~.n:umbrances 2nd the site of the 
xisting kediyiruppu phnll re\crt to the owner. 
Jturist or agriculturr.~ laboilltr 
tl-,l the alttrlzativ€ site plovidt-.r by 
rsuancc of a permission granted tder 
t11in such time as may be prescribed, cuch 
gricultural labourei shell not be er.ritled 
f this Act, but shall be entitled tc? the 
tlic Tamil Nadt Occupafits of Kudi- 
om Eviction) Act, 1451 (Tahil 
3-B. (1) If any question arise+ . '1 
~utb isdd 
officer to 
decide whetha (a) whether any person is an agricu1turir;t or an a pmonis an 
gricultural labourer, or agriculturist or agricultural 
(b) wl~etl~cr any lal~tl is an agriculturnl land, or labourer, etc. 
(c) whather any site is n kodiyiruppu, or 
(d) whether ally area adjacent to a dwelling house 
or 11ut is necessary foi thc ccbnvenient el~joym~nt of sucfl 
dwelling houso or hut ; 
such question slmll be decided by the authorised &er, 
Y question uiidet su b-;ecf io il (1 ), 
s shall f~llow such proc~du1.e a: lll;ry 
4. (1) 1f any dispute arises whether any 3giiculturist Decision by 
or agricultural labourcr was occupying any kudiyjruppll authorisad 
on the 19th June 1971, for. purposes of ssction 3 of officer. 
te shall he decided by the authorised 
e dispute under sub-section (1) 
r shall follow such procedure as 
- - 
. - niS%; ~cciipmt s of kudi yir uppu 
(Cc, nfirrnent "of Ownership) 
I Appeal, 
5. (1) ~nq. person aggrieved by 
of the au thorised. officer 2(under ~ 3-B or section 4) or section 15-A] 
as may be prescribed, appeal to the District Collector 
such officer as may be ~pecified by the Gov~nment in this 
hhalf. 
(2) In deciding the a 
the District Collector or t 
section (I) shall follow such pr 
'scribed. 
- 
Right tb 6. Every person having 
rwive wm- kudiyiruppu or sup~rstructu 
wnaation. be paid compensation as ' 
Compensation. 7. (1) The compensation payable in respect of any 
vested kudiyii-~appu or superst~.ucture shall be as specified 
- - 
I 
in the Schedule. 
(2) Ti1.e a~thorised officer shall, after holding -an* 
..I enquiry ir, tho i~rescribed n-umler, cictcrmine by order the 
amount of compensutlon ullcker s ib-sect ion (I) and publish 
the said orcter in the District Gazette. A copy of the said 
order s .wli be communicated to the person who. is the 
owner of the kudiyir uppu or superstructure immdiatelp 
before thc chte of the commencement of this ~ct and 
every person interested therein. 
(3) Where the owner 
owner of the superstructure o 
different, tlw authoriscd officer: s 
of co~npensation betweon the 
and the ewlzcr of thc superstructure, 
' ApWal agoillst 8. Any vc 1-son who tlocs not ugt ee to the amount d.; order of 
wmpensa- compensation determined by the autlioriscd officer . unG 
tion, sub-siction (2) of section 7 m Court withill such peliod as m -- 
, . 1 The expression " any decision or 
under seeti011 4 or soction 15-A " was substit 
the decisioi, of the authorised officer under 
of the Tizmil Nadu Occupants& 
ship) Amendment Act, 1974 (Tamil 
This expi ession was substituted 
4" by section 5 of the Tamil 
(Conferment of Ownership) Amen 
6 O, :976), which. w;rs deemed to 
Qecembix 1971. 
-*--*-,qIdd~W 1 -4 v w- 
'by 
I I 
i~;-:.~~m!i qfK--.;:rrqp: (r_bm!kmt . 12 j7 - 
oJ OM-nersh~p) 
9. (1) Where several persons claim to be interested AIA Apoortion- 
ment of the amount ~f co~npensation dttermined, the authorireti ,,pnsa- officer shall determine the persons who, in his opinion, tion. are entitled to receive compensation and the amount 
payable to each of thern. 
(2) If any dispiltc ariscs as to the apportiontnent of 
the compensation or any part thereof, or as to the persons 
to whom the same or any part thereof is payable, the 
authorised officer may refer such dispute to the decision 
of the Court and thc Court shall, in deciding any such 
dispute, follow as far as rliny be, the provisions of Part If1 
of the Land Acquisition Act, 1894 (Central Act 1 of 1894). 
10. (1) After thc amount of compensation has been Payment of 
determined, the Government shall, on behalf of the occu- compensa- 
pant of the kudiyiruppu. tcnder payment of' the compen- 
sation to the persons crltitled thereto and shall pay it 
to them, 
(2) If the persx:; cr!t;+l~~cl to the compe~aation do 
not consent to rcccivc it or j 1' there be no persc,n competent 
ir) :ilicnatc t hc k ucliyiruppu or t hc superstructure thereon, 
or if'therc is any disputc as to the title to receive compen- 
sation, or as to the apportioriment of it, the authorised 
officer shall deposit the amount of compensation in the 
Court, and the Court ::hall deal with the amount so depo- 
sited in the manner laid dowu in sections 32 and 33 of the 
Land Acquisition Act, 1894 (Ccntral Act I of 1894). 
11. Subject to the provisions of the Code of Civil Pro- &peal to 
cedure, 1908(Central Act V of 1908) applicable to appeals High Court 
from original decrees, and notwithstanding anything 
to the contrary in any enactment for the time being in 
force, a second appeal shall only lie to the High Court 
from any decision of the Court under this Act, if the 
amount of compensation as determined by the au thorised 
officer exceeds such amount as may be prescribed. 
*r 
12. (1) The authorised officer may, for the purpose of Power of 
carrying-out the provisions of this Act, by order require 
any person to furnish such information in his possession for 
relating to any vested kudiyiruppu or superstlucture. information, 
  ode of 
payment a f '. 
cornpensaw 
tion, 
Recovery of 
compensa- 
tion pa able 
Act. g under t e 
(u) sumn~oning and enforcing the attendance of 
any person and examining him on oath ; 
(b) requiriqg the disccvery and production 1 
any document ; 
(c) rcccption of evidencc on afhdrtv~ts ; 
(d) requisitioning any public record from. any 
court or oGce ; 
(e) iswing commission for exarninatioil of witnesses. 
in cash and partly in bonds as the Government ma 
prescribe. 
(2) The bonds shall 
such ratc of interest as 
shall be p~icl in the ca 
structure wjth effect fro 
provisiom of this Act. 
14. (1) Evcry occupa 
kudiy iruljpu or the superstruch~re has ve 
the provisions of this Act] shall be liable 
the Government the a 
them under section 10. 
(2) Such reimburse 
of instalrncnts, at such 
and with interest at su 
-. 
These words were substit 
24th December 1971. 
section 3" by section 
Kudiyiruppu (Collferment cf Ownershilq) Ameniment 
(Tamif Nadu Act 6 of 1976), which %as deemed to 
into force on the 24th December 39'jl. 
* i 
1971 : T.N. Act 401 Occupants of Kudiyruppu (Conferment ' 1259 
of Ownership) 
Provided that an occupant of the kudiyiruppu shall 
be entitled to pay the entire amount with a rebate of five 
per cent within the prescribed period from thf: date on 
which he becomes liable to pay the coi~~pens '1 t' I, >n : 
Provided furthcr that an occupant of the kudiyiruppu 
shall be entitled to pay, at any time, any sun1 in cxcess 
of the instalment and such excess shall Se adjusted to- 
wa1.d~ the subsequent instalment or instalments, 
(3) The amount payable to the Governmellt under 
this Act nlay be recovered as if it were an arrcar of land 
15. (1) Wllencvcr the title of any pcrso~ prilnarily Obligatioll of 
t ransferor liable to reitnbursc tllc Govcrn~ncnt under this Act, is tl ansferec transferred, the petson whose title is transferreti and the to give notice 
person to whom the sun,: is transferred shall, within of transfer. 
three n~o!~:hs after the execution of ihe instrezn~ent of 
transfer or after its registration, if it bc registered, or 
aftcr the transfer is effcctccl, if no instrull~cnt be cffccted, 
of svrb transfer to such olticel- as may bc 
(2) In the event of the death of any r-rson prirlt.,, ''y 
liable as aforesaid, the person to WIIOIII the title of tha 
deceased shall be transferred as heir or otllercvise, shall 
give notice of such transfer to the officer n1ent;oned in 
sub-section (I) within one year from the c!eath of the 
(3) The notice to be given under this section shall be 
in such form as may be prescribed and the Iransfcsce or 
thc person to whoin the title passes, as the case may be, 
shnll, if so required, be bound to produce before the 
offi-zr mentioned in sub-section (1) any document evi- 
dencing such transfer or SUCC~SS~O~. 
(4) Every person who makes a tramil-r as aforesaid, 
without giving such notice to the officer mentioned in sub- 
section (1) sfiall, in addition to any othcr liability which 
hc may incur through such oeglect, coc!inne liable for 
the pay mcnr of thc amount in respect of the kudiyiruppu 
or the super;tructvre trai~qfcrred, until i~c qves notice 
or until the transfer shall h;i:.t. been rccordcfl i:i tl?. revrnile 
registers, but llotbit~g in thi:: s~ction shall be 11el J to .lff~ct 
the liability of the transferee for the payment of tlie said 
.q f+'1S@* Oeezrpants '6f Xudiy inrppu (Conferment [197F : T:N. Act .- a@ 
of 0 wnership) , . 8 :Z 
Prohibit ion 
of alienat ion 
of kudiyi- 
ruppu or 
superstr uc- 
ture. 
1[15-A. (1) g[Notwithstandiog anything cont 
section 3 or section 3-A, no clccupalzt of' kudiylr 
whom, the kudiyiruppu I 
under section 3 or, the k ~ 
under st:crion 3-A] and 
of sur.11 occupant slrrtii, 
of the a~thorised officer, 
I 
alien3 te the whole or any 
supert,tructure within a pe 
of the c:ommencement of this Act, 
3[(2) Where it is noticed or a 
been received that any alienation has 
of any kudiyiruppu or superstruct 
of sub-sect ion (I), the authorised 0 
to the occupant of kudiyiruppu an 
by such allenation and after suc 
fit to make, by an ord~r, declare t 
and void, if he finds that the alie 
contravention of the said sub-s 
declaraticn , the kudiyiruppu or the superstructure sh 
as penalty, be forfeited to, and vest in, the Governm 
free from all encumbrances. 
(3) Where it is noticed or any informatian has be 
received that any agriculturrst 
in whom, the kudiyiruppu or s 
under section 3 or the kud 
under section 3-A, holds 
ture in bcnami and allows an 
su~h kudiyiruppu or superstru 
may, after notice to such 
labourer and other person 
or superstructure and after 
to make, by an order, decl 
kudiyiruppu or superstruct 
illegal, and on such declarat 
structure shall, as penalty, 
the Government frez from 
c- --- -- -- 0- - --I _L-- 
This section was inserted by sezon 4 of the Tamil &du 
pants of Kudiyiruppu (Conferment of Ownel-ship) Amen 
Act, 1974 (Tamil Nadu Act+l7 of 1974). 
?'his expression was suHtituted for the e 
standing anything contained in 
xu whom the kudiyiruppu or 
section 3 " by section 4 (i) of I 
(Amenctnert) Act, 1982 (Tar~ll 
a Thovse sob-swtioas w =re 
section (2) by r:ctlon 4 (ii). Lnws (Amendment) : Act, 1 9F 2 
"(2) Any alienation in contrav 
'be null and void.''. 
- =*- .- ---. -.". . 
1971 : T. N. Act 401 Ocnrpnnts of Kudiyii*u,opu (Conferment 1261 
of Ownership) 
(4) The occupant of kudiyiruppu or any other person 
in posse'ssion or occupation shall vacate such kudiyiruppu 
or superstructure which has vested in the Government 
under sub-section (2) or (3) and hand over possession of 
the same immediately after such vesting, to the authorised 
officer oi any oihet officer duly autl~or~sed by the autbn- 
riscd officer, in this behalf. If any such occupant ~s 
other person refuses or falls to so vacate xnd hal~d over 
, the possession of such k~diyiruppu or supel-struct ore, the 
allthorrsed officer may evict such occupant or other person 
from, and take possessiolt of, such kudiyiruppu or supes- 
structure and may for ihat purpose use such force as 
may be hecessary.] ] 
16.(1) All claims and liabilities enforceable in re3pcgl Transitira 1 
i the kudiyiruppu or the superstructure immediately Provision in 
regard to cfore the date of the commencement of this Act '[or the ,,,i,, ate of vesting of such kudiyiruppu or the superstructume, liabi\&ics. 
s the ease may be,] against any person interested shall, 
n or after that date, be enforceable against the compen- 
ion payable to the person interested under this Act 8:: 
extent to which such claims and liabilitie, were 
le against such person immediately before such 
(2) No Court shall, on or after the date of ihe corn- 
mencement of this Act, 2[or the date of vesting of the 
:kudiyiruppu or the superstructure, as the case may te, 
':arder or continue exccutioi~ in respect of any cecree er 
order passed against the person interested ant1 executii'+;a 
shall be ordered or continued in such cases in conforrniny 
'with the provisions of sub-section (1) only as against 
the compensation payable to the person. 
' (3) No Court shall, in enforcing any claim or liabilit; 
inst the person interested in respect of any kudi$- 
ruppu or superstructure, allow interest at a rate exceeding 
six per cent per annum simple interest for any perici< 
after the date of the commeiicement of this Act. 
P I__--- ---_ 
1 These words were inserted by secticn 8 (i) of the Tamil 
Nadu Occupants of Kudiyiruppu (Conferment ~.f O~ne~.~hj~) 
,Amendment Act, 1975 (Tamil Nadu Act 6 of 1976), which was 
deemed to have come into force on the 24th Dccen~ber 1971. 
These words were inscrted by section 8 (ii), ibid. 
' C-1-125-7-4 1 - 1- . .." *,. . ,. - ... -; \ 
, 
1262 Occupants ofKttdiyiruppu (Conferment [I971 : T. N Act 40.i:. 
of Ownership) 
Powr to 
acquire tbnd 
us4 for commou 
purposes, 
17. (1) Where the Govern 
land is used by the occupants of 
before the date of the commencement 
common purpose, they may acquire th 
ing in the Tamil Nadu Governnzent G 
1' the effect that they kdve decided t 
pursuance of this section : 
Provided that, before publishing a noti&tiok,' 
Government may call upon tbe owne 
who, in tf.e opinion of the Goveri~m 
in such land, to show ciruse why 
and after considering the cause, 
or any other person interested 
lnent may pass such orders a 
Explanation.-For the purpo 
'kornrnolz purpose'' includes th.: use of la 
path-way, thr eshing-floor and mttle stand, 
(2) When n notificetian 
published in the Tamil Nadu 
land to whicb the said notificat 
from the date on wbicb the notification is 
vest absolutely in thz Governnlent free ft 
brances* 
(3) The Government shall make avst 
acquired under this section to the occu 
ruppu to b used for the same c 
it was used immediately before the da 
sub-section (21. 
(4) Every person having any interest in any 1 
acquirc d undes this section shall be entitled to remiyo 
be paid compensation. + +% r. 
(51 The compensation payable in 
tanct acq~tircd under this section shall 
the Sched \ale. 
P 
, . .I-, * 
(6) Ssve as otherwis6 $id 
provisions contained in sections 8 to 1 
shall apply to the land acquired under this section pr 
kbey apply to the vested ku diyiruppu or sups stguqturo, .:: 
-, 
: T. N. Act 401 Occupants "f Kudiyirirppu (Oonjermt*nr 1263 
of 0 wner~hip) 
[17-A. The Government may, by notifisatior~, cancel Power of 
rn3dify any notification issued under sub-section (I) Government 
to cancel or section 17, to rectify any error 01 mistake the1 ein, and modify thing in this section shall be deemed to prevent the issue nc,ificarion 
ification by the Government under sub-section under section 
ion, 1 7 in accordance with the provisions . f 17 (1) ln certain cases, I 
7-B. (1) Whe~c any ~~otificntion,-- Land not to 
(a) is modified by way of omission (whetllet relilting have veslcd 
'extent or survey number or otherwise), the i;~nc! to in certain 
e ases. 
ch omission relates, or 
(li) is cancelled, 
qJel ssction 17-A, the lnnd spccificd in such notificnticrl , 
II be dee.ned never to have vestcd it1 the Gove~nrnc~~t. 
pzid by way of compensat~on in 1uspt:c.t of 
shall be rntovered by the &vet i:~nent as if 
? zrrevr of I ~:ld r evetl!~e. 
4 
(9) The land refelred to in sub-section (1 ) sha i~ 
rted with effect fiom the date cf tkc publi- 
the notification effecting the modificat*on or 
on, as the clie may be. to the pclmn lawfully 
o such land and any sL,b:, :;.nd ~nr de :;vsilnble 
the Govelnment to th2: occups~~ts of kuciy!r~;,pu priol 
such date s!~all ne dcc~ncd to lmve been 51'~tlldi'a~~, NCZ 
claim shall be er~forceable in respcct cf st~ch 1:112(.1 ngrti t?>r 
the Govetnment or any pcrscn dcriving rights f,cm them 
iod from the date of the vesting cf silc;F land in 
rnment and ending with the date cf leversic-r. 
undei this sub-section. 
, 17-C. Where any notification is modified under seetior! Vesting a r 
-A by way of inclusior~, the lnnd to which scch inclusir I: land newly 
be deemed tc have vested in the Gctvcr~mcnt i nclud ed , 
and were includea in a notification issued uncic~ 
(1) of section 17 and accordingly, the ptovi- 
is Act shall apply to the land so vestcd.] 
-n*nsmrrm-ke 
17~A, 17-B ancl 17-C were inserted by section 5 of the 
u Kudiyiruppu Laws (Amendment 1 Act, 1 982 (Tamil 
Nadu Act 35 of 1982). - GI-125-7-81 )A , - 
* -, 
Service of 
notices crnd 
I 
order8 . 
18. (1) Save as otherwise provided in this Ad ;,and 
subject to the provisions of this section znd.of apj 
rules made in this behalf, every notice issued or,urclg lllr . 
made under this Act shall- h ,%$ (. 
'f fa 
(a) in the case ofany notice or order ofa l~epp# 
aature or affecting a class of persons, be published !p 
the Tamil Nadu Government Gazette ; 
(b) in the case of any notice or order affecting an 
individual, corporation or firm, be served in the manna 
provided for the service of summons in rule 2 of Ordq 
XXlX or rule 3 of Order XXX, as the caw may be, id 
the First Schedule to tho Code of Civil Procedure, .lmA 
(Central Act V of 1908) ; and 
or 
possibl c, by affixiixing s copy tliorcof on some 
part of the kudiyiruppu or 
reki tes. 
:- T. h'- Ad IOj Otcqmf~ qf ~&j~n~~~tl (Coitfirnmt 1 
Q+. 0,rnwhi) 
all be lawful for any person authorised by Powers of 
iscd officer in this bchi-;If to cntcr into or upon en try. 
I CLj?PU Or s'l\w1.:\11 \lei L~I c wi1j-i or witllout a ssjs- 
, . 
person who obstructs any officer or person Peaajties, by the autlioris~d officer to entcr into cr upon 
yjruppu or superstructu~,e or mol~sts such pet son 
h entry, shall be punishable with fine which mi y 
d to one thousand rupets. 
1. (1) If ally p~mn committing a.n offence under tkis OffeilcesbY 
is a company, every prson, who, at the time thc companies. 
rice was committed, was in chn.rgc of, and was rcs- 
sible lo, the company for the conduct of the business 
*he compally as well as tire compnny , shall be deom: d 
be guilty of the offence, and sllall be liable to be 
oceoded adgainst and punished accordingly : 
' Provided that nothing conti.ined in this sub-:.cction 
11 render any sucii pmon !iablc to any punisl~mcnt 
o\iidcd in this Act, if hc provcs that thc offctlcc wi1~ 
mittt,d without his k~~owlcdg~?, ur that he exei cised all 
e diligtA.llce to pi cve~lt 111~ colnmission 01 thu offe:ice. 
~~t~itll:tanding anything colitaincd in sub-~cci ioll 
fl;:uce uilde~ this Aci has been com;~~iited 
mpal~y rind it is p,uv;d tl~t ihc offe~~cc il;.:, been 
icd with the con:ellt oi. coluzivonce ~i, or is ::.!ti i- 
to any ueglc;ct on the 13a1 t of any director, m;inager, 
y or other offictr of the compa.ny, s~~ch director. 
n,ry other oficc-1- sl~all ~:IPo be c!e~.meti to 
offcncc and sht 11 bl lia blc to be proccudeci 
nisl~ed sccordingly. 
Explanatior~.- For the purpose of this section,-- 
( 'company' means a bcdy coiporate and includes 
film ol other associ;.tir~? of individuals ; ar,d 
ector' in relation to a firm mealls a partner d 
I 
prosecution for any offence plltiishablc P,,,,,~~~ 
der this Act shall be instituted except with the prc vious and trial of 
naion of the authorised officer offence. 
Bac of jwi6- 
diction of 
Civil Courts. 
AU~~OI ised 
officer, etc., 
to be public 
servant, 
Protection 
of act ion 
taken in 
good faith, 
Act to override 
other lass. 
rlnl~ Rudiyiruppu (Coqfkrment f i971: T, N,.Ac~ .4k' 
of Ownership) 
(2) No Court inferior to that of a sal 
magistrate* or a salaried magistrate of the fir 
try any offence punishable under this Act:( ;: 
23. Save as otherwise expressly provib 
no Civil Court shall have jurisdiction in r 
matter which the Government a.r e,or the aut 
is, empowered by or under this Act, to de 
injunction shall be gantcd by any Court 
in respect of ally actio11 taken (a to be ta 
of any power conferred by or under this Act. 
24. The authorjsed officcr and any person 
by him under this Act shall be deemed to be pub 
withi.1 the meailing or sect1011 ? i of the Indian. Penal Cow 
(Central Act XLV of 1860). 
25. (1) No suit, prosecution or other legal pr 
shall lie against any person for anything which is, 
faith, done or intended to be  don^ in pulsuance of thi 
cr of any rule or order made thereunder. 
(2) No suit or vthcl legal plocctding shall lie a 
the Govel~i~neat or thc authorised office1 or any act 
Q r offieor subordinate io the Government or the authori 
officer far any damap catised or likly tc? be caused 
anything which is, in good faith, done or intended to 
donr in pu-suanc; of this Act or 01 acy rulc or order ma 
thctc~tder . 
26. The provisions of this Act and the rulcs ma& t 
under shall have effect notwithstanding anything i 
sisteizt therewith contairkcd in any other law for th 
being iu force, cr any custom, usage, or corrtract ox 
or order of a Court or 0t11~"r authority. 
___ *___ _ - ._- ^ ___------ 4- - - -- - -- -- --- - 
"According to clauses (a) and (c) of ~ub-section (3) 
the Code of Criminal Procedure, 1973 (Cential Act 
reference to tl Magistrate of the first class shall be 
r-efelence t u a Judicial Magistrilte of the first class 'an 
to a P1;sicloncy Magistrate shall be construed as a 
Metropolitan Mapistrate with efl'wt on md from Is 
. . 
-a r. -. 
I971 : T. N. Act 40j occupants of kiucti)..iruPpu (Co,fir,,~ent 1267 
of Obvnership) 
27. (1) The Government may make rules for carrying Power to make 
out a11 or any of tl~e purposes of this Act. rules. 
(2) In particu1a.r bnd without prcjudict to thc generality 
ing pwer, such rules may provide for or 
(a) all matters expressly required or ellobed by this 
Act to be prescribtd ; 
(b) the fees payable in respect of any applicatiol~ or 
statement under this Act. 
rule mad<: ulndcr this Act shall, as soon as 
it is made, be placed on thc table of both 
he Legislature, z.nd if, before the cwiry oi thc 
session in which it is so placcd or the next session, both 
Houses agree in rna.ki11g any mmodification in etlv such.rulc 
or both Houses agree that the rule should not be made, 
heres-ftcr have effect only in suc11 modificd 
of no effect, as the case may be, so however. 
ch modification or a-nnulment shall be without 
the validity of anything previously done und:r 
THE SCHEDULE. 
[See sections 7 (1) and 17 (5).] 
1. The compcnsation in respect of the kudiytrwr~ ur 
the land shall be one Ixundred times the survey asscssnlenr 
on tlie kudiyiruppu or the land, as the case ]nay be : 
provided that where the k~adi yiruppu 01- the land forms 
part of a survey ficld a~:d is not separat,ely essessed t~ 
revenue, thc compcnsation for such kucliyii-uppt~ or land 
shall be deemed to be one hundred tirnt s such propor. 
tion of the survey assessment as the part bears to the 
entire survey field. 1, 
- -- - -- 
1 This sub-section was inscrted by section 6 of the Tanlij fiada ws (Amandmont) Act, 1952 (Timil Nndu AC~ 
i $68 ~ccupurrts oj FLudij~iyirupyu (Conjern~etrt ti971 : 1. N. Act 
of Ownership) 
l.ikpianation.--For the purposes of this prl&yb 
"burvey assessment " means assessment in accordande f 
the settlemc~~t or re-se ttkment notificction and whm su 
sralamnt or re-settlement notification is not-:in! foil 
the ass~ssment oi' a comparable dry or wet #land: ad3 
base mGy be, in a village in the mighbourhood wh6fe"l 
:.*t, t lemt'n" or re-settlement notificat ion is in force, ',! 
.I :. + 
B . T h:, compensztion pzya ble in respect of th$ sup 
structure shall be the rnaxket value of sucl~%up 
structure. 
,* . i13 ., i :, tt 
Erphal ion.--For t htt purpose of this tcheduld~a~ 
?, * ' 5 ,., . ? t f. $53~~- 
' ' ",; : E,O 
l, : ) '' kudi yiruppu " means the k;diyiruipu ,vested 
rhu occupant of kudiyiruppu i[ug&,r the pr~~isjbqs 
chis .4c:] ; Gjiz -, q "s rff 
C ii) " land " means the land acquired un 
14 ., sxd 
> * 
(iii) " superstructure " means (the supcrstructlue 
the k;ldi yir uppu vcs tcd in the occupant of kudiyirup 
'Izl.;drr the provisions of this Act] . or the suwrstrum 
on tilt. land zcquired under scctiiail 17, .. ".." . 
( 
: - :-dig. . 
$1 .. . : *I *I . 0. .. . 9. "...."'.-.---- --.---*--.1- 31 
't . iAT 
T~CSB words were su bsl it u! ed fur tho expression C6uniicc ~$ 
section (:) of ~e~ction (3)" by scction 9 ti) of the Tamil N: 
C)ccupams of Kiidiyi~ uppu (l~onfermsnt of Ownership) / -2nd~- 
Ac:. 1975 (Tamil Nadu Act 6 of 19763, which was doemod to h 
co;no i ntv !'OI w 01% I hc 241 h DCCC~ bar 1471. rb 
*' , 
% , ., 
2 Thes c w,>rdz bf ,e substitoted for the expression "under:.$ P rezt lun (2) of sect it in 3" by seclion 9(ii) of I he Tamil N~~~:;O~ 
perits of ~Cuol) IA LIPU~ (Confr .me.it cf Ownership) .AmenQrnent 6 
L $4 75 Or nil Nadu Act 6 of 1976), which was deemed to has &j 
ia1~1 1c.r~:~ 03 f 93 24th Lkcembor 1971. 'a -2,: z r 
, . 
$ * .A 

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