Right of kudikidappukaran to purchase his kudikidappu

Right of kudikidappukaran to purchase his kudikidappu. (1) Notwithstanding anything to the contrary contained in any law for the time being in force, a kudikidappukaran shall, subject to the provisions of this section, have the right to purchase the kudikidappuoccupied by him and lands adjoining thereto. (2) Notwithstanding anything contained in sub-section (1), where the total extent of land held by the person in possession of the land in which the kudikidappuis situate, either as owner or as tenant is less than one acre, the kudikidappukaran shall be entitled to purchase his kudikidappu and lands adjoining thereto only in cases where the person in possession of the land in which the kudikidappu is situate does not apply to the Government under sub-section (3) of section 83 for the acquisition of the land to which the kudikidappu may be shifted, within a period of two years from the commencement of the Mahe Land Reforms (Amendment) Act, 1980: Provided that in a case where the person in possession of the land has applied under sub-section (3) of section 83, the kudikidappukaran shall be entitled to purchase his kudikidappuand lands adjoining thereto if such application by the person in possession of the land is rejected or if such person fails to pay the expenses for shifting the kudikidappu as required by sub-section (3D) of section 83. (3) The extent of land which the kudikidappukaran is entitled to purchase under this section shall be five cents: Provided that where the land available for purchase is the land in which the kudikidappu is situate, or the land in which the kudikidappu is situate is less than the extent specified in this sub-section, the kudikidappukaran shall be entitled to purchase only the land available for purchase or, as the case may be, the land in which the kudikidappu is situate. (4) Notwithstanding anything contained in sub-section (3), where in the lands held by a person, either as owner or as tenant, there are more kudikidappukars than one, the maximum extent of land which is liable to be purchased under this section shall be, --- (a) where such person holds less than one acre of land, five cents; (b) where such person holds one acre or more, but less than two acres, of land, ten cents; (c) where such person holds two acres or more, but less than three acres, of land, fifteen cents; (d) where such persons holds three acres or more, but less than four acres, of land, twenty cents; (e) where such person holds four acres or more, but less than five acres, of land, twenty-five cents: Provided that the extent of land which a kudikidappukaran shall be entitled to purchase shall, in no case, exceed the extent specified in sub-section (3): Provided further that if in any case falling under clause (b) or clause (c) or clause (d) or clause (e), the extent specified in that clause is not sufficient for the purchase of an extent of five cents of land by each kudikidappukaran, the extent of land which is liable to be purchased under this section shall be the extent required for purchase of five cents by each kudikidappukaran: Provided also that where any person in possession of any land in which there is a kudikidappu or more than one kudikidappu, has voluntarily transferred such land on or after the 24th day of January, 1971 and before the commencement of the Mahe Land Reforms (Amendment) Act, 1980 or voluntarily transfers such land on or after such commencement, the kudikidappukaran or each of the kudikidappukars shall be entitled to purchase such extent of land as he would have been entitled to purchase such extent of land as he would have been entitled to purchase if such transfer had not taken place. (5) Where any person holds five acres or more of land, either as owner or as tenant, and there are more kudikidappukars than one in the lands held by him, each of the kudikidappukars shall be entitled to purchase the extent of land specified in sub-section (3). (6) No kudikidappukaran shall be entitled to purchase any land which is not in the lawful possession of the person who holds the land in which the kudikidappu is situate or which is not within the boundaries of such land. (7) The purchase price payable by a kudikidappukaran in consideration of the purchase allowed under this section shall be twenty-five per cent of the market value of the land purchased and the improvements thereon, other than the improvements, if any, belonging to the kudikidappukaran: Provided that where the person in possession of the land in which the kudikidappu is situate or, where he is a member of a family, such family, holds lands in excess of the ceiling area, the purchase price payable by the kudikidappukaran shall be one-half of the purchase price payable under this sub-section. Explanation. – The provisions of section 92 shall, so far, as may be, apply to the calculation of the ceiling area for the purposes of the foregoing proviso, and if no date has been notified under section 93, the date of the application under sub-section (1) of section 88B shall be deemed to be the date notified under section 93. (8) One-half of the purchase price payable by the kudikidappukaran shall be met from the Kudikidappukars Benefit Fund constituted under section 118A and one-half of such price shall be paid by the kudikidappukaran in twelve equal annual instalments: Provided that it shall be open to the kudikidappukaran to deposit with the Land Tribunal his share of the purchase rice in a lump within the period specified in sub-section (1) of section 88C. (9) Notwithstanding anything contained in sub-sections (7) and (8) the kudikidappukaran shall not be liable to pay his share of the purchase price in cases where the person in possession of the land in which the kudikidappu is situate or, where the person in possession of the land is holding such land under a landlord or more than one landlord and the right, title and interest of such landlord or landlords have not vested in the Government under section 80, the person in possession of such land and such landlord or landlords agrees or agree in writing that the kudikidappukaran need not pay his share of the purchase price. (10) Where the kudikidappukarn applies under sub-section (1) of section 88B for purchase of his kudikidappu, and the Land Tribunal, on application, within such time as may be prescribed, by the person in possession of the land in which the kudikidappu is situate is satisfied that the portion to be purchased is so located as to cause inconvenience to him, the Land Tribunal may require the kudikidappukaran to purchase another portion of that land: Provided that the kudikidappukaran shall have the right to opt for the portion to be purchased by him: Provided further that the kudikidappukaran shall not be entitled to opt for any portion which is not adjoining the boundaries of the land, except with the consent of the person in possession of the land: Provided also that if the kudikidappukaran purchases another portion of the land, the person in possession of the land shall be liable to pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu to such portion. (11) If any kudikidappukaran refuses to opt under sub-section (9), his application under sub-section (1) of section 88B shall be dismissed. (12) Notwithstanding anything contained in sub-sections (4) and (5), where there are more kudikidappukars than one and the extent of the land which the kudikidappukars are entitled to purchase, or the extent of the land in which the kudikidappus are situate, is less than the multiple of the number of kudikidappukars and the extent which each kudikidappukaran is entitled to purchase under this section, the land available for purchase, or the land in which the kudikidappus are situate, as the case may be, shall, in the absence of any agreement among the kudikidappukars, be apportioned in equal shares, as far as practicable, for purchase by the kudikidappukars. (13) For the purposes of this section, (a) the extent of land held by a person shall be the total extent of land held by such person, either as owner or as tenant, on the 24th day of January, 1971; (b) in calculating the extent of land held by a person who is a member of a family and the number of kudikidappukars in the lands held by such person, the extent of the land held individually by any member of his family or jointly be some or all of the members of such family, and the number of kudikidappukars thereon shall also be taken into consideration; (c) in deciding the extent of land available for purchase by the kudikidappukaran or kudikidappukars, (i) any voluntary transfer effected, or any boundaries put up or any building or other structures erected, after the 24th day of January, 1971, shall not be taken into account; (ii) the sites of the buildings and other structures situate on the land shall be excluded.