Amendment status not verified — confirm the current text below against the official source.
*[ (1) No Kudikidappukaran shall be liable to be evicted from his kudikidappu except on the following grounds, namely : --- (i) that he has alienated his right of kudikidappu to a person other than --- (a) a member of his family; or (b) a person who has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead and whose annual income does not exceed two thousand rupees; (ii) that he has rented or leased out his entire kudikidappu to another person for a period of not less than two years; ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 147 (iii) that he has ceased to reside in the kudikidappu continuously for a period of two years; or (iv) that he has another kudikidappu or has obtained ownership and possession of land which is fit for erecting a homestead. Provided that the kudikidappu shall not be liable to be evicted on the ground mentioned in clause (iv) if the extent of the land over which he has obtained ownership and possession is not more than five cents: Provided further that a kudikidappukaran shall be liable to be evicted, if he has obtained ownership and possession of land where the extent of such land exceeds twenty-five cents. Explanation I. – For the purposes of this sub-section, ‘member of family’ shall mean, in the case of a joint family, any member of such family, and in other cases, wife or husband, as the case may be, and any of their lineal descendants. Explanation II. – For the purpose of this sub-section, a kudikidappukaran shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the fact that he was not actually residing therein, if any of his near relatives who was residing with him in the kudikidappu continues to reside in the kudikidappu; and in such a case, the near relative who continues to reside in the kudikidappu shall be liable for the rent payable by the kudikidappukaran; and “near relative” shall mean husband or wife, children, grandchildren, father, mother, brother, sister or children of brother or sister.] (2) Notwithstanding anything contained in sub-section (1), the person in possession of the land on which there is a homestead or hut (hereinafter in this sub- section referred to as the landholder) in the occupation of a kudikidappukaran may, if he bonafide requires the land— *[(a) for constructing a building for his own residence or for the residence of any member of his family including major sons and daughters; or ] (b) for purposes in connection with a town planning scheme approved by the competent authority; or (c) for any industrial purpose, require the kudikidappukaran to shift to a new site belonging to him, subject to the following conditions, namely: - (i) the landlord shall pay to the kudikidappukkaran the price of the homestead, if any erected by the kudikidappukaran; (ii) the new site shall be fit for erecting a homestead and shall be within a distance of one mile form the existing kudikidappu; ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 148 *[(iii) the extent of new site shall be the extent of the existing kudikidappu, subject to a minimum of five cents;] (iv) the landlord shall transfer ownership and possession of the new site to the kudikidappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site. *[(3) Notwithstanding anything contained in sub-sections (1) and (2), where the total extent of land held by a person, either as owner or as tenant, is less than one acre and there is a kudikidappu for constructing a building for his own residence, apply to the Government for the acquisition of land to which the kudikidappu may be shifted: Provided that, after the expiry of a period of two years from the commencement of the Mahe Land Reforms (Amendment) Act, 1980, an application shall not be made under this sub-section except with the consent of the kudikidappukaran. Explanation. – For the purposes of this sub-section, --- (a) the total extent of land held by a person shall be computed as on the 24th day of January, 1971; (b) in calculating the total extent of land held by a person who is a member of a family, the extent of the land held by any member of his family or jointly by some or all of the members of such family shall also be taken into consideration. (3A) In an application under sub-section (3), the applicant shall offer to deposit, whenever called for, eighty-seven and a half per cent of the amount of compensation payable for acquisition of land equal to the extent of the existing kudikidappu subject to a minimum of five cents. (3B) An officer authorised by the Government in this behalf may, after collecting the amount referred to in sub-section (3A) from the applicant acquire the necessary land under the Land Acquisition Act, 1894, give possession of the land to the kudikidappukaran and require him to shift to the said land, and thereupon the kudikidappukaran shall be bound to shift to the new site. (3C) Where the kudikidappukaran does not shift to the land acquired in pursuance of sub-section (3B) within a period of one month from the date of service on him of the requisition under that sub-section, the officer referred to in that sub- section shall cause him to be evicted from the existing kudikidappu. ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 149 (3D) The kudikidappukaran shall be entitled before he shifts as required under sub-section (3B) to receive from the person in possession of the land on which his kudikidappu is situate the expenses as determined by the officer referred to in that sub-section to be reasonably required to shift to the new site. (3E) Where the kudikidappukaran shifts as required under sub-section (3B), or is evicted under sub-section (3C), he shall be entitled to the ownership and possession of the land to which he shifts or is bound to shift, as the case may be, and also to the registry of such land in his name. (3F) Twelve and a half per cent of the amount of compensation payable for the acquisition under sub-section (3B) shall be met from the Kudikidappukars Benefit Fund constituted under section 118A. (4) Where the person in possession of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconvenience to him, he may require the kudikidappukaran to shift to another part of land which is fit for the location of the kudikidappu: Provided that the kudikidappukaran shall have the right to opt for the portion to which the kudikidappumay be shifted: 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 refuses to opt, he shall be bound to shift to the portion to which he is required to shift by the person in possession of the land: Provided also that the person in possession of the land shall transfer to the kudikidappukaran his rights over the land to which the kudikidappu is to be shifted, which shall be equal to the extent of the existing kudikidappu subject to a minimum of five cents and pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu.] (5) Where the owner of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconvenience to him, he may require the kudikidappukaran to shift to another part of the land: Provided that the site to which the kudikidappu is required to be shifted is fit for the location of the kudikidappu. 150 Provided further that the owner of the land shall transfer to the kudikidappukaran ownership and possession of the land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents and pay the price of the homestead if any erected by the kudikidappukaran and the cost of shifting the kudikidappu. Rent payable by kudikidappukaran