LexThe Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976
Tamil Nadu · state statute
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The Tamil Nadu Rural Artisans (Confe
rment of Ownership of Kudiyiruppu)
Act, 1976
Act 38 of 1976
Keyword(s):
Kudiyiruppu, Plantation, Plantation Labourer, Rural Artisan
Remove Watermark Wondershare
PDFelement
1976:
President's
Act
381
Rural
Artisans
(Confer-
635
ment
of
Ownership
of
Kudiyiruppu)
THE
TAMIL
NADU
RURAL
ARTISANS
(CONFERMENT
OF
OWNERSRIP
OF
KUDIYIRUPPU)
ACT,
1976.
I
ARRANGEMENT
OF
SECTIONS.
1.
Short title,
extent
and
commencement.
2.
Declaration.
3.
Exemptions.
4.
Definitions.
5.
Rural artisan
occupying kudiyiruppu
to
become
owner.
6.
Provision
of
alternative site
in
certain
cases.
7.
Right
to
restoration
of
possession of kudiyiruppu.
8.
Authorised
officer
to
decide
whether
a person
is
a
rural artisan,
etc.
9.
Appeal.
10.
Right
to
receive
amount.
11.
Determination
of
amount.
12.
Appeal
against
order
under
section
11.
,
13.
Apportionment of
amount.
14.
Payment of
amount.
15.
Appeal
to
High
Court.
16.
Power
of
authorised
officer
to
call for
information.
17.
Mode
of
payment
of
amount.
18.
Prohibition
of
alienation
of kudiyiruppu
or
super-
structure.
19.
Transitional
provision
in
regard
to
certain
liabilities,
20.
Power
to
acquire land
used for common
purposes.
204.
Power of
Government
to
cancel
or
modify
notifi-
cation
under
section
20(l)in
certain
cases.
20-B.
Land
not
to
have
vested
in
certain
cases.
20-C.
Vesting
of
land
newly
included.
21.
Service of
notices
and
orders.
22.
Power
of entry.
23.
Penalties.
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PDFelement
636
Rural
Artisans (Conferment
[1976:
resident's
Act
38
of
Ownership
of
Kudiyiruppu)
b
24.
Offences
by
companies.
25.
Prosecution
and
trial
of offence.
26,
Bar
of
jurisdiction
of Civil
Courts.
27.
Authorised
officer,
etc.,
to
be
public servants.
28.
Protectionof
action
takenin
good faith.
29.
Act
to
override
other
laws.
30.
Power
to
make
rules.
Remove Watermark Wondershare
PDFelement
t
976:
President's
Act
381
Rural
Artisans
(Conferment
o,i
637.
Ownership
of
Kudiyiruppu)
PRESIDENT'S
ACT
NO.
38
OF
1976.8
THE
TAMIL
NADU RURAL
ARTISANS
(CONFERMENT
OF
OWNERSHIP
OF
KUDIYIRUPPU)
ACT,
197C.
[Received
the assent
OJ'
the
President
on
the 19th
October
1976,
$rst
published
in
the
Tamil
Nadu
Governm~:nt
Gazelle
Ext~ao).dinary
on
the
19th
October
1976
(A
ippasi
3,
Nala
(2007-Tiruvalluvar
~tandu)).]
Enacted
by
the
President
in
the
Twent
y-seven:
h
Year
of
th3
Rcpublic
of
India.
An
Act
to
provide
for
the
conferment of ownership
rights
on
rural
artisans
occupying
kudiyiruppu
in
the
State
of
Tamil
Nadn.
In
cxcrcisc
of
the
powcrs
conferred
by
section
3
of
the
Tamil
Nadu
State
Legisla.ture
(Delegation
of
Powirs)
Act,
1976
(41
of
1976),
thc
President is
plczsed
to
enact
as follows
:-
1.
(1)
This
Act
may
be
cdled
the
Tamil
Nedu
shmt
tit~,
Rural
Artisans
(Conferment
of
Ownership
of
Kudi-
extent
and
yiruppu)
Act,
1976.
commence
ment.
(2)
It
extends
to
the
whole
of
the State
of
Tamil
Nadu,
exccpt-
(i)
the City
of
Madras,
(ii)
the City
of
Madurai,
and
(iii) the
area
comprised
in
a municipal
town
or
in
a
township constituted
by
or
under
eny
law
for
the
time
being
in
force.
(3)
It
shall
come
into
force
at
once.
2.
It
is
hercby
ddclared
that
this Act is
for
giving
Declaration.
effect
to
the
policy
of
the
State towards
securing
the
principles
sptcificd
in
cl~.ususe
(b)
and
cla.use
(c)
of
article
39
of
th;
Constitution.
3.
Nothing
in
this Act shall
apply
to
any
land
Exemptions
held
by
the
Central
Governmeat
or
any
State
Govern-
ment
or
any
local authority
or
any
corporation
estab-
lished
by
or
under
a
Central
Act or
a
State
Act
or
,any
Gov~rnment
Company
as
defined in
section
617
of
the
Con~panies
Act,
1956
(1
of
1956).
*
For
Reasons
for
the
enactment,
see
Tamil
Nadu
Government
Gazette
~xtraordinary,
dated
the
19th
October
1976,
Part
1~-
Section
2,
Pages
329-330.
Remove Watermark Wondershare
PDFelement
I
638
Rural
Artisans
(Conferment
[1976:
President's
Act
$8
of
Ownership of
Kudiyiruppu)
I
4.
In
this Act,
unless
the content
otherwise
requires,-
I
(1)
Cc
authorisc
d
officer
"
meads
any
I[Reven
1
e
Officer
not
below
the
rank
of
lahsildar]
authorised
by
the
Govzrnrnent
by
notification
to
~xcrcise
the
p3wers
conferred
on,
and
discharge
the
duties imposed
upm,
the
authorised
officer
under this
Act,
for
such
arca
as
may
be specified
in
the
notification;
(2)
6'
Court
"
means
the Subordinate
JudgtSs
Court
having jurisdiction
and
if
thcre
is
no
such
Sub-
ordinate
Judge's
Court,
the District
Court
having
jurisdiction;
(3)
cc
Government
"
means
the
State
Govern-
ment;
(4)
'6
kudiyiru.ppu"
means
the site
of any
dwel-
ling
house
or
hut
(other
than
in
a plantation
or
land
hild
for
ancillary
purposes
of
plantation),
occupisd,
either
as
tenant
or as
licensee,
by
any
rural
artisan
and
includcs such
othcr
area
adjacent
to
such dwelling
house
or hut as
mxy
bc
necessary
for
the convenient
enjoyment
thereof.
Explanation
I.-For
the
purposes of
this
Act,
it
shall
be
presumed
that
any
person
occupying
the
kudiyiruppu
is
a
rural
artisan until the contrary
is
proved.
Explanation
11.-In
determining
the
qucstion
whe-
ther
for
the
purposes
of
this
clause
any
arta
adjacent
to
the
dwelling
house
or
hut
is
neccsszry
far
the
conven-
icnt
enjoym~nt
of
such
dwelling house
or
hut-
(i)
the
area
~hich
the
rural
artisan
had
been
enjoying
on
the
1st
day of
July,
1973;
and
(ii)
such other
factors, as
may
be
prescribed,
shall
be
taken
into
account;
1
I
(5)
cc
person
interested
",
in
rclation
to
any
kudi-
yiruppu
or
superstructure
thcreon,
includcs
any
pcrson
claiming,
or
entitled
to
claim,
an
interest in
the
amount
payable
on
account
of
the
vcsting
of
that
kudiyiruppu
or
in
the
rural artisan;
I
i
~hese
words
were
substiluted
for
the
words
'<Gazetted
Officer"
by
section
7
of
the
Tamil
Nadu
Kudiyiruppu
Laws
(Amendment)
Act,
1982
(Tamil
Nadu
Act
35
of
1982).
Remove Watermark Wondershare
PDFelement
1976:
President$~
Act
381Rural
Artisans
(conferment
of
659
Ownership
of
Kudiyiruppu)
(6)
"
plantation
"
means
any land
used
for
growing
all
or
any
of
the
following, namely, cardamom,
cinchona,
coffee,
rubber
or
tea
;
(7)
"
plantation labourer
"
means
a
person
whose
principal
means
of
livelihood
is
the
income he gets
as
wages
for
his
manual
labour on
plantation
;
(8)
"
rural
artisan
"
means
a
person,
other
than
a
plantation labourer, who
does
not
hold
any land other
than
the
kudiyiruppu
and
whose
annual
household income
does
not
exceed
two thousand
and four
hundred
rupees
and-
(a) whose
principal means of livelihood
is
production
or
repair
of
traditional
tools, implements
and
other
articles
of
things
used
for
agriculture
or
pur-
poses ancillary
thereto
;
or
(b)
who normally
earns
his livelihood
by
practising
any craft
either
by
his
own
labour or
by
the
labour
of
the
members
of
his family.
Explanation.-For
the
purposes
of
this
clause,-
(i)
a
village
carpenter, blacksmith, barber,
washer-
man
or
potter
or any
other
person engaged
in
any such
calling
or
employment
as the
Government may,
by
notifi-
cation,
specify
shall
be deemed
to
be
a
rural
artisan if
he
does
not
hold
any
land other
than
the
kudiyiruppu
and
his
annual
household income does
not
exceed
two
thousand and four
hundred
rupees
and
he normally
earns
his livelihood
by
practising
the
craft
either
by
his
own
labour or
by
the
labour
of
the
members of
his
family
;
(ii)
"
annual
household income
"
means
the total
of
the
annual
income
from all
sources
of
all
the
members
of
a
family
;
(iii)
"
family
",
in relation
to
a
person, means
the
individual,
the
wife
or
husband,
as
the
case
may
be,
of
such
individual
and
their unmarried
minor children
;
(iv)
"minor"
means
a
person who
has
not
completed
his
or
her
age
of
eighteen years
;
(9)
"
Schedule
"
means
the
Schedule appended
this
Act
;
Remove Watermark Wondershare
PDFelement
640
Rural
Artisans (conferment of
[I97
:
President's
Act
38
Ownership
of
Kudiyiruppu)
k
I
(10)
"tenant"
means
any
person
who
has
paid
or
has
agreed
to
pay rent
or
other consideration
for
his
being allowed
by
another
to
enjoy
the
land of
the
latter
under a
tenancy agreement, express
or
implied,
and
in-
cludes his heirs
and
legal representatives
;
(1
1)
"
to
hold
land
"
with
its
grammatical varia-
tions
and
cognate expressions, means
to
hold
land
whether
as
owner,
tenant or
mortgagee with possession
or
partly
in
one capacity
and
partly
in
another;
(12)
"
vested
kudiyiruppu
or
superstructure
"
means
the
kudiyiruppu
or
the
superstructure
which
has
vested
absolutely
in
a
rural
artisan under
section
5.
Rural
artisan
5.
(1)
Save
as
otherwise provided
in
this
Act,
any
occupying
rural
artisan
who
was
occupying
any
kudiyiruppu
on
the
kudiyiruppu
1st day
of
July
1975,
either
as tenant
or
as
licensee,
shall,
to
owner.
become
with effect
from
the
commencement of
this Act,
be
the
owner
of
such kudiyiruppu
and
such kudiyiruppu shall
vest
in
him absolutely free
from all
encumbrances.
(2)
Where,
in
the
case of
a
rural artisan
in
whom
such kudiyiruppu
vests
under
sub-section
(I),
the
super-
structure
belongs
to
any
person
other
than
such
rural
artisan, such superstructure shall
also, with
effect
from
the
commencement
of
this
Act,
vest
in
such
rural
artisan
absolutely
free
from all
encumbrances.
(3)
Nothing
in
sub-section
(1)
shall
be
deemed
to
confer
the
right
of
ownership of kudiyiruppu
on
any
rural
artisan
if
he already owns
a
dwelling house
or
hut
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
is
more
than
1.214
acres
in
extent.
pravision
of
6.
(1)
(a)
Where
on
an
application
by
the
owner
alternative'
of
any
land,
the
authorised officer is satisfied
that
the
site
in
kudiyiruppu
referred
to
in
sub-section
(1)
of
section
5
certain
casd.
(hereafter
in
this
section referred
to
as
the
"existing
kudiyiruppu
")
is located
in
any
portion
of such
land
and
that
the
vesting
of
such kudiyiruppu
in any
rural
artisan
may
cause inconvenience
for the
convenient
enjoyment
of
such
land as
a
whqle
by.
such owner,
the
authorjsed
officer
may,
by
order
in
writing, permit such
owner
to
P
rovide
an
alternative
site within
the
same
land
or
in
Remove Watermark Wondershare
PDFelement
1976:
President's
Act
58]Rural
Artisans
(Confirment
of
641
Ownership
of
Kudiyiruppu)
any other land
already
owned
by
such owner, within
such distance
and
within such period
as
may
be prescribed,
for
the
occupation
of
the rural
artisan 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
a
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
1.214
acres,
and
\
(iii)
such other conditions
as
may
be pres-
cribed.
(2)
The
authorised officer,
while
granting
pcr-
mission
under sub-section
(I),
shall also direct
the
pay-
ment,
by
the
owner
to
the rural
artisan
within such period
as
may be prescribed of reasonable
costa:
as
decided
by
the
authorised
officer
for
the
shifting
of
the
residence
to
the
alternative site including
the
cost
for
erecting
a
super-
structure on
the
said
site.
The
authorised
officer
shaI1,
before granting permission under sub-section
(I),
satisfy
himself
that
the
conditions mentioned in
that
sub-section
are
satisfied
:
Provided
that
before granting such
permission,
the
authorised
officer
shall
give
an
opportunity
of
being
heard
to
the rural
artisan
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 period
or
fails
to
comply with any direction
given
under sub-section
(2)
in regard
to
payment
of
costs,
the
rural
artisan shall
be
entitled
to
the
ownership of
the
existing
kudiyiruppu under
sub-section
(1)
of
section
5.
(4)
If such
owner
provides
an
alternative
site
in
pursuance
of
the
permission granted under sub-section
(I),
the rural
artisan
concerned shall be
given
an
oppor-
tunity
to
occupy
the
alternative site
and
he
shall
be
deemed
to
have
become
the
owner
of
the
kudiyiruppu,
from
the
dateon
which
he
so
occupies
the
alternative site
and
such
Remove Watermark Wondershare
PDFelement
642
Rural
Artisans
(Conferment
of
[1976:
President's
Act
38
Ownership
of
Kudiyiruppu)
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.
I
(5)
Subject
to
the
of
sub-section
(6),
where
any
rural
artisan
fails
or
refuses
to
shift
to
the
alternative site provided
by
the
owner
in
pursuance
of a
I
permission granted
under
sub-section
(1)
within such
period
as
may be
prescribed,
the
rural
artisan
shall
not
be entitled
to
the
ownership
of
the
existing kudiyiruppu
I
under sub-section
(1)
of
section
5.
(6)
No rural
artisan
who
fails
or
refuses
to
shift
to
the
alternative
site
shall
be evicted
from the
existing
kudiyiruppu
and
such
rural
artisan shall
be
entitled
to
continue
to
occupy
the
said existing kudiyiruppu on
terms
and
conditions
not
less
favourable
than
those
applicable
to
him on
the date
on
which he
occupied such kudiyiruppu.
Right
t.0
7.
(1)
If any
rural
artisan
who
was
occupying
any
reS:oratlonof
kudiyiruppu on
the
1st
day
of
July
1975
had
been
evicted
possession
of
from
such kudiyiruppu
after
such
date, but
before
the
kudiyiruppu.1
commencement
of
this Act,
he may,
within
a
period of
six
months after such commencement, apply
to
the
authorised
officer
within
whose
jurisdiction
the
kudlylruppu
\
is
situated in such
form as
may be
prescribed
for
restora-
tion
to
him
of
the
possession
of the
kudiyiruppu
from
which he
was
evicted.
(2)
On
receipt of
an
application under sub-section
(I),
the
authorised officer shall,
after
giving
a
reasonable
opportunity
to
the
parties concerned
to
make
their
representations, hold
a
summary
inquiry
into
the
matter
and
pass
an
order
either allowing
the
application
or
dismissing
it and
shall communicate
a
copy
of
such
order
to
the
parties concerned.
Authorised
8.
(1)
If
any
question
arises-
oscer
to
decide
(a)
whether any person
is
a
rural
artisan
;
or
whether
a
person
is
a
(b)
whether
any
rural
artisan
holds
any
land
ru8al
artisan,
other
than the
kudiy
iruppu
;
or
etc.
(c)
whether
any
site is
a
kudiyiruppu
;
or
(d)
whether
any
rural
artisan
was
occupying
any
kudiyiruppu
on the
1st
day
of July
1975
;
or
Remove Watermark Wondershare
PDFelement
39%
:
president's
Act
381
&ural
Artisans
(Conhrment
643
of
0
wnership
of
Kudiyiruppu)
(e)
whether
any
area
adjacent
to
a
dwelling
house
or
hut
is
necessary
for
the
convenient enjoyment
of
such dwelling house
or hut
;
or
(f)
whether
any
rural
artisan
already owns
a
dwelling
house
or
hut,
and
if
so, its
distance
from
the
kudiyiruppu
and
the
extent
of
the
site
on
which
such
dwelling
house
or
hut
is erected,
such
question shall be decided
by
the
authorised
officer.
(2)
In
deciding
any
question under sub-section
(I),
the
authorised
officer
shall
follow such procedure
as
may
be
prescribed.
9.
(1)
Any person
aggrieved
by
any
decision
or
order
of
Appad.
the
authorised
officer
under section
6
or
section
7
or
section
8
or
section
18
may, within such period
as
may
be
prescribed, appeal
to
the
District Collector
or
such other
officer
as
may
be
specified
by
the
Government
in this
behalf.
(2)
In
deciding
an
appeal under
sub-section
(I),
the
District Collector
or the
other
officer
referred
to
in
sub-section
(1)
shall
follow such procedure
as
may be
prescribed.
10.
Every
person having
any
interest
in any
vested
Right
to
I
kudiyiruppu
or
superstructure
shall be entitled
to
receive
receive
and
be paid
the
amount
as
hereinafter provided.
amount.
11.
(1)
The
amount
payable
in
respect
of
any
vested
Determination
kudiyiruppu
or
superstructure shall
be
as
specified
in
the
of
amount.
Schedule.
(2)
The authorised
officer shall,
after
holding
an
inquiry
in
the
prescribed manner, determine
by
order
the
amount
payable under sub-section
(1)
and
publish
the
said
order
in the
District Gazette.
A
copy of
the
said
order
shall be communicated
to
the
person
who
is
the
owner
of
the
kudiyiruppu
or
superstructure
immediately
before
the
commencement
of
thls
Act
and
every
person
interested therein.
(3)
Where
the
owner
of
the
kudiyiruppu
and
the
owner
of
the
superstructure
on
such kudiyiruppu
are
different,
the
authorised
officer
shall
apportion the
amount
determined under sub-section
(2) between
the
owner
of
the
kudiyiruppu
and the
owner
of
the
superstructure.
Remove Watermark Wondershare
PDFelement
of
Ownership
of
Kudiyiruppu)
b
644
Rural
Arttsans(Conferment
[I97
:
President's
Act
58
Appeal
la.
Any
person who does
not
agree
to
the
amount
~~~~tsp~der
determined
by
the
authorised
officer
under section
11
may
11.
"On
prefer
an
appeal
to
the Court
within such period
as
may
be prescribed.
Apportionment
13.
(1)
Where several
persons
claim
to
be interested
Of
in
the
amount determined under section
1
I,
the
authori-
sed
officer
shall
determine
the
persons who,
in
his opinion,
are
entitled
to
receive
the
amount
and the
sum payable
to
each
of
them.
(2)
If any dispute arises
as
to
the
apportionment
of
the
amount
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
the
Court
shall,
in
deciding such
dispute,
follow
as
far
as
may be,
the
provisions
of
Part
111
of
the
Land Acquisition Act,
1894
(I
of
1894).
Payment
of
14.
(1)
After
the
amount has
been
determined,
the
amouct.
Government shall pay
the
amount
to
the
persons entitled
thereto.
(2)
If
the
persons entitled
to
the
amount
do
not
consent
to
receive
it
or
if
there
be
no
person
competent
to
alienate
the
kudiyiruppu
or
the
superstructure
thereon,
or
if there is any dispute
as
to
the
title
to
receive
the
amount
or as
to
the
apportionment
of
it,
the
authorised
officer
shall deposit
the
amount
in the
Court,
and
the
Court
shall deal with
the amount so
deposited
in
the
manner
laid down in
sections
32
and
33
of
the
Land
Acquisition
Act,
1894
(I
of
1894).
Appeal
to
I
15.
Subject
to
the
provisions of
the
Code of
Civil
High
court.
Procedure,
1908,
applicable
to
appeals
from
original
decrees,
and
notwithstanding anything
to
the contrary
in
any
enactment
for the
time
being
in
force,
a
second
appeal
shall lie
to
the
High
Court from
any
decision
of
the
Court
under
this Act,
lf
the
amount
as
determined
by
the
authorised officer
exceeds
such sum
as
may
be
prescribed.
rower
of
I
16.
(1)
The
authorised
officer
may,
for
the
pup..
authorised
pose
of
carrying
out
the
proyisions
oc
this Act,
by
order,
officer
to
call
require
any person
to
furntsh
such
information
in
his
fcrinfomuti'Dnn.
possession
relating
to
any
vested
kudiyiruppu
or
super-
structure.
Remove Watermark Wondershare
PDFelement
1976
:
President's
Act
381Rural
Artisans (Conferment
645
of
Ownership
of
Kudiyiruppu)
(2)
The
authorised
officer
shall,
while
holding
an
inquiry under
this
Act, have
all the
powers of a
Civil
Court,
while
trying a suit under
the
Code
of
Civil
Procedure,
1908,
in
respect
of
the
following matters,
namely
:-
(a)
summoning
and
enforcing
the
attendance
of
any
person
and
examining him
on
oath
;
(b)
requiring
the
discovery
and
production
of
any
document
;
(c)
reception
of
evidence
on
affidavits
;
(d)
requisitioning any public record
from
any
court
or
office;
(e)
issuing
commission
for
examination
of
witnesses.
17.
(1)
The amount
as
finally
determined under
this
Mod0
of
Act shall, within such period
as
may be
prescribed,
be
t'5'i;.t~~
paid either
in
cash
or
in bonds
or
partly
in
cash
and
partly
in bonds
as
the
Government may prescribe.
(2)
The
bonds
shall
be issued
on
such
terms
and
carry
such
rate
of interest
as
may
be
prescribed.
The
interest shall be paid with
effect
from the
date
of
vesting
of
the
kudiyiruppu
or
superstructure under
the
provisions of
this
Act.
18.
(1)
Notwithstanding anything
contained
in
Prohibition
section
5
or
in section
6,
no
rural
artisan
in
whom
the‘';;:^?{?
kudiyiruppu
or the
superstructure has
vested
under
,,ppuo,
either
of
those
sections
and
no
heir
or
legal
representative
superstruc-
of
such
rural
artisan shall,
except
with
the
previous
twe.
sanction
of
the
authorised
officer,
sell,
mortgage, lease
or
otherwise alienate
the
whole
or
any
pmtion
of
such kudiyiruppu
or
superstructure
for
a period
of
ten
years
from the
date
of vesting of
such
kudlyiruppu
or
superstructure.
(2)
Any,alienation
in
contravention of
sub-section
(1)
shall be
null
and
void.
19.
(1)
All claims
and
liabilities enforceable in
respect
Transitions!
of
the
kudiyiruppu
or
the
superstructure immediately
:"&!!::
In
before
the
commencement
of
this
Act
or the
date
of
vesting of
the
kudiyiruppu
or
the
superstructure,
as the
case
liabilities,
may
be,
against
any
person interested shall,
on
or
after
Remove Watermark Wondershare
PDFelement
646
Rural
Artisans
(confermenr[1976
:
President's
Act
38
of
Ownership
of
Kudiyiruppu)
such commencement
or date
of vesting,
be
enforceable
against
the
sum
payable
to
the
person interested under
this
Act
to
the
same extent
to
which
such claims
and
liabilities
were
enforceable against such person immedi-
ately before such commencement
or
date
of
vesting,
as
the
case
may
be.
(2)
No
court
shall,
on or
after
the
commencement
of
this
Act
or the
date
of
vesting
of
the
kudiyiruppu
or
the
superstructure,
as
the
case
may be,
order
or
continue
execution
in
respect
of any
decree
or
order
passed against
the
person interested
and
execution
shall
be
ordered
or
continued
in
such
cases
in
conformity with
the
provisions
of
sub-section
(1)
only
as
against
the
sum payable
to
the
person.
I
(3)
No
court
shall,
in
eAforcing
any
claim
or
liability against
the
person interested in respect
of
any
kudiyiruppu
or
superstructure,
allow
interest
at
a
rate
exceeding
six
per cent per
annum
simple interest
for
any
period
after
the
commencement of
this
Act.
Power
to
20.
(1)
Where
the
Government
are
satisfied
that
any
acquire
land
land
is
used
by
the
occupants
of
kudiyiruppu
immediately
used
for
before
the
commencement
of
this
Act
fo
a
common
common
purpose, they
may
acquire
the
land
by
publishing
in
the
pur~oses
Tamil
Nadu
Government
Gazette,
a
notification
to
the
effect
that
they have decided
to
acquire
the
land
in
pur-
suance
of
this
section:
Provided
that,
before publishing
a
notification,
the
Government
may
call
upon the
owner
or
any other
person,
who,
in
the
opinion
of
the
Government,
may be
interested
in
such
land,
to
show
cause
why
it
should
not
be
acquired;
and
after
considering
the
cause,
if
any, shown
by
the
owner,
may
pass such
orders
as
they deem fit.
Explanation.-For
the
purpose of
this
sub-section,
common
purpose includes
the
use
of land
for
road,
pathway, threshing floor
or
cattle stand.
(2)
When
a
notification under sub-section
(I)
is
published
in
the
Tamil
Nadu
Government
Gazette,
the
land
to
which
the
said notification relates shall,
on
and
from
the
date on
which
the
notification
is
so
published,
vest
absolutely in
the
Government free
from
all
encum-
brances.
Remove Watermark Wondershare
PDFelement
I
1W6:
President's
Act
381Rural
Artisans
(conferment
of
647
Ownership
of
Kudiyiruppu)
(3)
The
Government
shall
make available
the
land
acquired under
this
section
to
the
occupants
of
kudi-
yiruppu
to
be
used
for
the
same common purpose
for
which it
was used
immediately before
the date
referred
to
in
sub-section
(2).
(4)
Every
person having
any
interest
in
any
land
acquired
under this
section
shall
be
entitled
to
receive
and
be
paid
the
amount
as
specified
in
the
Schcdule
in
respect of such
land.
(5)
Save
as
otherwise provided
in
this
section,
the
provisions contained
in
sections
12
to
17,
19
and
21
to
23
shall
apply
to
the
land acquired
under
this
section
as
they
apply
to
the
vested
kudiyiruppu
or
superstructure.
1[20-A.
The
Government may,
by
notification, cancel
Power
of
or
modify
any
notifi:ation,
issued
under
sub-section
(1)
of
Government
section
20,
to
rectify
any
error
or
mistake therein.
and
~~~y""~~:-
nothing
in this
section
shall
be
deemed
to
prevent the issue
fi,,,i,,
of
a
fresh
notification
by
the
Government under
sub-secLion.20(~)
section
(1)
of
section
20
in
accordance with
the
provis~ons
in
certalc
of
this
Act.
cases.
2043.
(1)
Where
any
notification,-
Land
not
to.
have
vested
in
(a)
is
modified by
way
of
omission
(whether
certaincases.
relating
to
extent
or
survey number
or
otherwise), the
land
to
which
such omission
relates,
or
(b)
is
cancelled,
under
section
20-A,
the land
specified
in
such notification,
shall
be
deemed
never
to
have
vested
in
the
Government.
Any
amount paid
by
way
of compensation
in
respect
ol
such
land shall
be
recovered
by
the
Govcrnmint
as
if
it
were
an
arrear
of
land
revenue.
(2)
The
land
referred
to
in
sub-section
(1)
shall
stand
reverted with
effect
from
the
date
of
the
publication
of
the
notification
effecting
the
modification
or
cancclla-
tion,
as
the
case may
be,
to
the person
lawfully
entitltd
to
such
land
and
any
such
land
made
available
by
the
Government
to
the occupants
of
kudiylruppu
prior
to
such
date
shall
be
deemzd
to
have been
w~thdrawn.
No
claim
--
-
I
These
sections
were
inserted
by
section
8
of
the
Tamil
Nadv
~(udiyiruppu
Laws
(Amendment)
Act,
1982
(Tamil
Nadu
Act
35
of
1982).
Remove Watermark Wondershare
PDFelement
I
648
Rural
Artisans
(Conferment
[1976:
President's
Act
38
of
Ownership
of
Kudiyiruppu)
I
shall
be
enforceable
in
respect
of
such
land
against
the
Government
or any
person deriving
rights
from them
for
the
period
from the date
of
the
vesting of such
land
in
the
Government
and
ending with the
date
of reversion under
this
sub-section.
I
Vesting
of
20-C.
Where
any
notification
is
modified
under
land
newll
section
20-A
by
way
of
inclusion,
the land
to
which
such
included.
inclusion
relaies
shall
be
deemed
to
have
vested
in
the
Government
as
if
such
land
were
includedin a
notification
issued
under
sub-seaion
(1)
of
section
20
and
accordingly,
the provisions
of
this
Act
shall apply
to
the
land
so
vested.]
Service
ol
21.
(1)
Save
as
otherwise provided
in
this
Act
and
and
subject
to
the
provisions
of this
section
and
of
any
rule
orders.
made
in
this
behalf,
every notice
issued
or
order
made
under
this
Act
shall-
(a)
in
the
case
of
any
notice
or
order of a
general
nature
or
affecting a
class
of
persons,
be
published
in
the
Tamil
Nadu Government
Gazette;
(b)
in
the case
of
any
notice
or
order affecting a
corporation
or
firm,
be
servcd
in
the
manner
provided
for
the
service of summons
in
rule
2
of
Order
XXIX
or
rule
3
of
Order
XXX,
as
the
case
may
be,
in
the
First
Schedule
to
the
Code
of
Civil
Procedure,
1908
(5
of
1908)
;
and
(c)
in
the
case of
any notice
or
order
affecting
an
individual person
(not being
a
corporation
or
firm),
be
served
on
such
person-
(i)
by
delivcring
or
tendering
it
to
that
person;
or
(ii)
if
it
cannot
be
so
delivered
or
tendered,
by
delivering
or
tendering
it to
the
head
of
the
office
in
which
such person
is
employed,
or to
any
adult
male
servant
of
such person,
or
to
any
adult
male member of
the
family of such person,
or
by
affixing
a
copy thereof
on
the
outer
door
or
on
some
conspicuous part
of
the.
premises
in
which
that
person
is
known
to
have
last
resided
or
carried
on
business
or
personally
worked
for
gain
;
or
(iii)
failing
service
by
any
of the
means
aforesaid,
by
post
or
by
affixing a
copy of
the
said
notice
or
order
on
some
conspicuous
part
of
the
kudiyiruppu
or
superstructure
to
which
it
relates.
Remove Watermark Wondershare
PDFelement
1976;
President's
Act
381Rural
Artisans (Conferment
of
649
Ownership
of
Kudiyiruppu)
(2)
Where
the
notice
or
order
cannot
be
served
without undue delay,
due
to
any
dispute
in
the
ownership
of
the
kudiyiruppu
01
the superstructure
or
due
to
the
person
to
whom
the notice
or
order
is
intended
being
not
readily traceable, the notice
or
order may
be
served
by
publishing
it
in
the
Tamil
Nadu
Government
Gazette,
and
where
possible,
by
affixing a
copy
thereof
on
some conspi-
cuous
part
of
the
kudiyiruppu
or
superstructure
to
which
it
relates.
221.
It
shall
be
lawful for
any
officer
or
person
Power
of
authorised
by
the authorised officer
in
this
behalf
to
enter
entry.
into
or
upon any
kudiyiruppu
or
superstructure
with
or
without
assistants
for
purposes
of
giving
effect
to
the
provisions
of this
Act.
23.
Any
person
who
obstructs
any
officer
or
penalties.
person
authorised
by
the
authorised
officer
to
enter
into
or
upon
any kudiyiruppu
or
superstructure
or
molests
such
officer
or
person
after such entry, shall
be
punishable
with
fine
which
may extend
to
one thousand
rupees.
24.
(1)
Where
an
offence
under
this
Aot
has
been
ore11ces
by
oommitted
by
a
company, every person,
who
at
the
time
companies.
the
off~nce
was
committed,
was
incharge
of, and
was
I
responsible
to,
the
company for
the
conduct
of
the busi-
1
ness
of
the
company
as
well
as
the
company, shall
be
i
deemed
to
be
guilty
of
the
offence,
and
shall
be
liable
to
be proceeded
against
and
punished accordingly
:
Provided
that
nothing
contained
in
this
sub-section shall
render
any
such
person
liable
to
any
punishment provided
in
this
Act,
if
he
proves
that
the
offence
was
committed
without
his knowledge,
or
that
he had exercised
all
due
diligence
to
prevent the
commission
of such
offence.
(2)
Notwithstanding anything
contained
in
sub-
section
(I),
where
an
offence
under
this
Act
has
been
committed
by
a
company
and
it
is
proved
that
the
offence
has
been
committed
with
the
consent
or
connivance of,
or
is
attributable
to
any
neglect
on
the
part
of
any
direc-
tor,
manager,
secretary
or
other
officer
of
the company,
such
director, manager,
secretary
or
other
officer
shall
also
be
deemed
to
be
guilty
of
that
offence
and
shall
be
liabbe
to
be
proceeded
against
and
punished
accordingly.
Remove Watermark Wondershare
PDFelement
650
Rural
Artisans (Conferment
of[l976:
President's
Act
38
I
Ownership
of
Kudiyiruppu)
,
!
Explanation.-For
the purpose of this
section,-
(a)
"
company
"
means
a body corporate
and
includes
a
firm
or
other association of individuals
;
and
(b)
"
director
"
,
in
relation
to
a firm,
means
a
partner in
the
firm.
I
Prosecution
25.
(1)
No prosecution for any
offence
punishable
and
trial
of
under this
Act shall
be
instituted
except with
the
previous
offence.
sanction
of
the authorised
officer.
I
(2)
No court inferior
to
that
of
a Metropolitan
I
Magistrate or a
Judicial
Magistrate of the
first
class
shall
try
any
oKence
punishablc
under
this
Act.
Bar
of
juris-
26.
Save
as
otherwise
expressly
provided
in
this
Act,
diction
of
no
Civil
Court
shall
have
jurisdiction
in respect
of
any
Civil
Courts-
matter
which
the
Government are,
or
the authorised
officer
is, empowered
by
or
under
this Act,
to
determine
and
no
injunction
shall
be
granted
by
any Court or other authority
in
respect
of
any
action taken
or to
be
taken in pursuance
of
any
power
conferred
by
or
under this
Act.
Authorised
27.
The authorised
officer
and any
officer
or
person
officer,
etc.,
authorised
by
him
under
this Act shall
be
deemed
to
be
to
be
public
public servants within
the
meaning
of
section
21
of
the
Servants.
Indian
Penal
Code
(45
of
1860).
Protection
of
I
B.
(1)
No suit,
prosecution
or
other
legal
proceeding
action
taken
shall lie
against
any
person
for
anything
which
is,
in
good
in
good
faith.
faith,
done
or
intended
to
be
done
in
pursuance
of
this
Act
or
of
any
rule
or
order made thereunder.
(2)
No suit
or
other
legal proceeding
shall
lie
I
against the
Government
or
the
authoriced
officer
or
any
authority or
officer
subordinate
to
the
Government
or
the
authorised
officer
for
any damage
caused
or
likely
to
be
caused
by
anything
which is
in
good
faith done or
intended
to
be
done in
pursuance
of
this
Act
or
of
any
rule
or
order made thereunder.
Act
to
override
29.
The
provisions
of
this
Act
and
the
rules
made
other
laws.
thereunder shall
have
effect
notwithctanding
anything
inconsistent
therewith contained
in
any other
law
for
Remove Watermark Wondershare
PDFelement
1976:
President's
Act
38]Rural
Artisans
(Conferment
of
651
Ownership
of
Kudiyiruppu)
the
time being
in
force,
or
any custom,
usage,
or
contract
or
decree
or order
of
a
court
or
other authority.
30.
(1.)
The Government
may make rules
for
Power
to
carrying out
all
or
any
of
the purposes
of
this
Act.
make
rules.
(2)
In
particular
and
without
prejudice
to
the
generality
of
the foregoing
power,
such
rules
may
provide
for-
(a)
all matters
expressly
required
or
allowed
by
this Act
to
be
prescribed
;
(b)
the
extent
of
the area adjacent to
the
dwelling
house
or hut
necessary
for
the
convenient enjoyment
o
such
dwelling
house
or hut
3
(c)
the
fees
payable in respect
of
any
applica-
tion
or
appeal
under
this
Act.
(3)
Every
rule made
under this
Act
shall,
as
soon
as
possible
after
it
is made,
be
placed
on the
table
of
both
Houses of
the
Legislature,
and
if,
before
the
expiry
of the
session
in
which it is so placed
or the
next
session,
both
Houses agree
in
making
any
modification
in any
such
rule
or
both
Houses agree
that the
rule should
not
be
made,
the
rule shall thereafter
have
effect
only
in
such
modified
form or
be
of
no
effect,
as
the
case
may
be,
so however,
that
any
such modification
or
annulment
shall
be
without
prejudice
to
the
validity
of
anything
previously
done under
that
rule,
[See
sections
11
(1)
and
20
(4).]
1.
The
amount
payable
in
respect of
the
kudiyiruppu
or
the
land
shall be one hundred times
the
survey assessment
on
the
kudiyiruppu
or
the
land,
as
the
case
may
be
:
Remove Watermark Wondershare
PDFelement
652
Rural
Artisans
(Conferment
of
11976:
President's
Act
38
Qwnership
of
Kudiyiruppu)
I
Provided
that
where
the
kudiyiruppu
or
the
land forms
part
of
survey
field
and
is
not
separately
assessed
to
reve-
nue,
the
amount
payable
in
respect
of
such
kudiyiruppu
or
land shall
be deemed
to
be
one hundred
times
such
propor-
tion
of
the
survey assessment
as
the
part
bears
to
the
entire
survey field.
I
Explanation.-For
the
purpose of
this
paragraph,
"survey
assessment" means assessment
in
accordance
with
a
settlement
or
re-settlement notification
and
where
such
settlement
or
re-settlement notification is
not in force,
the
assessment
of
a
comparable
dry
or
wet
land,
as
the
case
may be,
in
a
village
in
the
neighbourhood where
the
settle-
ment
or
re-settlement notification
is
in
force.
2.
The
amount
payable
in
respect of
the
superstructure
shall
be
the
market
value of such superstructure.
Explanation.-For
the
purposes of
this
Schedule,-
(i) "kudiyiruppu" means
the
kudiyiruppu
vested
in
a
rural
artisan under
the
provisions
of
this
Act;
(ii)
"land"
means
the
land
acquired under section
20;
and
(iii)
"superstructure" means
the
superstructure
on
the
kudiyiruppu
vested
in
a
rural
artisan
under
the
provisions
of
this
Act
or the
superstructure
on
the
land acquired
under
section
20.
Remove Watermark Wondershare
PDFelement