Power to prepare tables of prices of produce, etc.

Power to prepare tables of prices of produce, etc. (24) “kudikidappukaran” means a person who has neither a homestead nor any land exceeding in extent five cents in possession either as owner or as tenant, on which he could erect a homestead, and --- (a) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (b) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land; and “kudikidappu” means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto. Explanation I. – For the purposes of this clause, --- (a) “hut” means any dwelling house constructed by a person other than the person permitted to occupy it --- (i) at a cost, at the time of construction, not exceeding seven hundred and fifty rupees; or (ii) which could have at the time of construction yielded a monthly rent not exceeding seven rupees and fifty paise, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with the provisions of section 87; and (b) “homestead“ means, unless the context otherwise requires, any dwelling house erected by the person permitted to have the use and occupation of any land for the purpose of such erection, and includes any such dwelling house reconstruction by the kudikidappukaran in accordance with the provisions of section 87. Explanation II. – Notwithstanding any judgment, decree or order of any court, a person, who, on the 22nd day of March, 1968, was in occupation of any land and the dwelling house thereon (whether constructed by him or any of his predecessors-in-interest or belonging to any other person) and continued to be in such occupation till the 24th January, 1971, be deemed to be a kudikidappukaran: Provided that no such person shall be deemed to be a kudikidappukaran, if--- (a) in cases where the dwelling house had not been constructed by such person or by any of his predecessors-in-interest, if --- (i) such dwelling house was constructed at a cost at the time of construction, exceeding seven hundred and fifty rupees; or (ii) such dwelling house could have, at the time of construction, yielded a monthly rent exceeding seven rupees and fifty paise, or (b) if he has a building or is in possession of any land exceeding in extent five cents either as owner or as tenant, on which he could erect a building. Explanation III. - Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu rights shall revive on the redemption of the mortgage, provided that he has at the time of the redemption no other homestead or any land exceeding five cents in possession either as owner or as tenant, on which he could erect a homestead. Explanation IV. - Where a mortgagee with possession erects for his residence a homestead, or resides in a hut already in existence, on the land to which the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be deemed to be a kudikidappukaran in respect of such homestead or hut, provided that at the time of redemption --- (a) he has no other kudikidappu or residential building belonging to him, or any land exceeding five cents in possession either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed Rs. 2,000. Explanation V. - Where a kudikidappukaran transfers his rights in the kudikidappu to another person, such person shall be deemed to be a kudikidappukaran if --- (a) he has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed Rs. 2,000. Explanation VI. – For the removal of doubts it is hereby declared that a person occupying a homestead or hut situate on a land held or owned by the Government of the Union territory of Puducherry or the Government of any State in India or the Government of India shall not be deemed to be a kudikidappukaran; (1) For the purpose of determining the amount of compensation to be awarded under this Act, the Government may prepare tables, showing all or any of the following matters, namely: - (a) the price of coconuts, arecanuts, cashewnuts, mangoes, pepper and paddy; (b) the cost of— (i) cultivating and harvesting a crop of paddy; (ii) planting, protecting and maintaining a coconut tree, an arecanut tree, a jack tree, a cashewnut tree, a mango tree, such other tree as may be notified by the Government from time to time and a pepper vine, until the tree or vine is in bearing; (iii) protecting and maintaining a coconut tree, an arecanut tree, a jack tree, a cashewnut tree, a mango tree, such other tree as may be notified by the Government from time to time and a pepper vine for one year when in bearing. (2) The tables, prepared under this section shall, on publication, be receivable in evidence and the rates and amounts therein specified shall be presumed to be the proper rates, and amounts until the contrary is proved: Provided that, in so far as such tables prescribe prices of products, the presumption shall not be rebuttable except by proof of the average price as provided in section 25.