The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976

(1) This Act may be called the Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976. (2) It extends to the whole of the State of Tamil Nadu, except- (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 any law for the time being in force. (3) It shall come into force at once.

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) and clause (c) of article 39 of the Constitution.

Nothing in this Act shall apply to any land held by the Central Government or any State Government or any local authority or any corporation established by or under a Central Act or a State Act or any Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956).

In this Act, unless the content otherwise requires,- (1) "authorised officer" means any Revenue Officer not below the rank of tahsildar authorised by the Government by notification to exercise the powers conferred on, and discharge the duties imposed upon, the authorised officer under this Act, for such area as may be specified in the notification; (2) "Court" means the Subordinate Judges Court having jurisdiction and if there is no such Subordinate Judge's Court, the District Court having jurisdiction; (3) "Government" means the State Government; (4) "kudiyiruppu" means the site of any dwelling house or hut (other than in a plantation or land held for ancillary purposes of plantation), occupied, either as tenant or as licensee, by any rural artisan and includes such other area adjacent to such dwelling house or hut as may be 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 II.-In determining the question whether for the purposes of this clause 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 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; (5) "person interested", in relation to any kudiyiruppu or superstructure thereon, includes any person claiming, or entitled to claim, an interest in the amount payable on account of the vesting of that kudiyiruppu or in the rural artisan; (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 purposes 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, washerman or potter or any other person engaged in any such calling or employment as the Government may, by notification, 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; (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 includes his heirs and legal representatives; (11) "to hold land" with its grammatical variations 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.

(1) Save as otherwise provided in this Act, any rural artisan who was occupying any kudiyiruppu on the 1st day of July 1975, either as tenant or as licensee, shall, 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 (1), the superstructure 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.

(1) (a) Where on an application by the owner of any land, the authorised officer is satisfied that the kudiyiruppu referred to in sub-section (1) of section 5 (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 whole by such owner, the authorised officer may, by order in writing, permit such owner 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 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 prescribed. (2) The authorised officer, while granting permission under sub-section (1), shall also direct the payment, by the owner to the rural artisan within such period as may be prescribed of reasonable costs as decided by the authorised officer for the shifting of the residence 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 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 (1), the rural artisan concerned shall be given an opportunity to occupy the alternative site and he shall be deemed to have become the owner of the kudiyiruppu, from the date on which he so occupies the alternative site and 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) Subject to the provisions 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 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 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.

(1) If any rural artisan who was occupying any kudiyiruppu on the 1st day of July 1975 had been evicted from such kudiyiruppu after such date, but before the commencement of this Act, he may, within a period of six months after such commencement, apply to the authorised officer within whose jurisdiction the kudiyiruppu is situated in such form as may be prescribed for restoration to him of the possession of the kudiyiruppu from which he was evicted. (2) On receipt of an application under sub-section (1), 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.

(1) If any question arises- (a) whether any person is a rural artisan; or (b) whether any rural artisan holds any land other than the kudiyiruppu; or (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 (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 (1), the authorised officer shall follow such procedure as may be prescribed.

(1) Any person aggrieved by any decision or order of 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 (1), the District Collector or the other officer referred to in sub-section (1) shall follow such procedure as may be prescribed.

Every person having any interest in any vested kudiyiruppu or superstructure shall be entitled to receive and be paid the amount as hereinafter provided.

(1) The amount payable in respect of any vested kudiyiruppu or superstructure shall be as specified in the 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 this 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.

Any person who does not agree to the amount determined by the authorised officer under section 11 may prefer an appeal to the Court within such period as may be prescribed.

(1) Where several persons claim to be interested in the amount determined under section 11, the authorised 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 III of the Land Acquisition Act, 1894 (1 of 1894).

(1) After the amount has been determined, the 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 (1 of 1894).

Subject to the provisions of the Code of Civil 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, if the amount as determined by the authorised officer exceeds such sum as may be prescribed.

(1) The authorised officer may, for the purpose of carrying out the provisions of this Act, by order, require any person to furnish such information in his possession relating to any vested kudiyiruppu or superstructure. (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.

(1) The amount as finally determined under this Act shall, within such period as may be prescribed, be 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.

(1) Notwithstanding anything contained in section 5 or in section 6, no rural artisan in whom the kudiyiruppu or the superstructure has vested under either of those sections and no heir or legal representative of such rural artisan shall, except with the previous sanction of the authorised officer, sell, mortgage, lease or otherwise alienate the whole or any portion of such kudiyiruppu or superstructure for a period of ten years from the date of vesting of such kudiyiruppu or superstructure. (2) Any alienation in contravention of sub-section (1) shall be null and void.

(1) All claims and liabilities enforceable in respect of the kudiyiruppu or the superstructure immediately before the commencement of this Act or the date of vesting of the kudiyiruppu or the superstructure, as the case may be, against any person interested shall, on or after 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 immediately 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. (3) No court shall, in enforcing 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.

(1) Where the Government are satisfied that any land is used by the occupants of kudiyiruppu immediately before the commencement of this Act for a common purpose, they may acquire the land by publishing in the Tamil Nadu Government Gazette, a notification to the effect that they have decided to acquire the land in pursuance 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 (1) 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 encumbrances. (3) The Government shall make available the land acquired under this section to the occupants of kudiyiruppu 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 Schedule 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.

The Government may, by notification, cancel or modify any notification, issued under sub-section (1) of section 20, to rectify any error or mistake therein. and nothing in this section shall be deemed to prevent the issue of a fresh notification by the Government under sub-section (1) of section 20 in accordance with the provisions of this Act.

(1) Where any notification,- (a) is modified by way of omission (whether 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 of such land shall be recovered by the Government 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 cancellation, as the case may be, to the person lawfully entitled to such land and any such land made available by the Government to the occupants of kudiyiruppu prior to such date shall be deemed to have been withdrawn. No claim 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.

Where any notification is modified under section 20-A by way of inclusion, the land to which such inclusion relates shall be deemed to have vested in the Government as if such land were included in a notification issued under sub-section (1) of section 20 and accordingly, the provisions of this Act shall apply to the land so vested.

(1) Save as otherwise provided in this Act and subject to the provisions of this section and of any rule 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 served 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 delivering 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.

Any person who obstructs any officer or 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.

(1) Where an offence under this Act has been committed by a company, every person, who at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be 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 (1), 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 director, 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. 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.

(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the authorised officer. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any 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.

The authorised officer and any officer or person authorised by him under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(1) No suit, prosecution or other legal proceeding shall lie against any person for 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. (2) No suit or other legal proceeding shall lie against the Government or the authorised 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.

The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage, or contract or decree or order of a court or other authority.

(1) The Government may make rules for carrying out all or any of the purposes of this Act. (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 of such dwelling house or hut ; (c) the fees payable in respect of any application 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.