Section 640
Rural Artisans (conferment of [I97
640 Rural Artisans (conferment of [I97
k Ownership of Kudiyiruppu)
"tenant"
(1 1) " 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;
" vested kudiyiruppu
Rural artisan 5. (1) Save as otherwise provided in this Act, any occupying rural artisan who was occupying any kudiyiruppu on the
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kudiyiruppu 1st day of July 1975, either as tenant or as licensee, shall,
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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.
Where, in the case of a rural artisan in whom such kudiyiruppu vests under sub-section (I), the superstructure belongs to any person other than such rural artisan, such superstructure shall also, with effect from
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
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
: President's Act 38
1976: President's Act 58]Rural Artisans (Confirment of 641
Ohif Kdii) (f
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 prescribed.
The authorised officer, while granting pcrmission under sub-section (I), shall also direct the payment, 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 superstructure 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.
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.
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 opportunity 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
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reS:oratlonof possession of
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