Amendment status not verified — confirm the current text below against the official source.
8 . :.. h . . . ' This ~x~lanation v1as insert'ed by ection 2(a), [bid. . . + , 1 2sa4 O C C U ~ U ~ ~ S # p t l ' u d ~ ~ ~ ~ ~ 11971 ' : T..N. A C ~ -&-- i (Confermenr of Owneiship) 1 I ' $@A) "plantatloIi" means any land used for; gru6iag all or any of the following, namely, cardamom, cinchaha, coffee, rubber or tea ; wages fm his manual: laljour on 'pla (10) 4' schedule * hieans the Schedule appedi#$d to . . .. *(I I) "'tenant" ' maris any persoh :&'&feed to pay, rent ur &.her consid I $llowed by another ta enjoy the 1 'tenancy agreement, express or i heirs and legal representatives ; =Zf to b m 6 . Qwmf* a These words w 3 "by section 2( i) ( m t of Otbmship) 6 016 19761, whiCh wits dee XMccmber 1971. "- --* %. e -.*r*.:,.., .. 971 : T.N. Act 401 Ocacpants of Kudiviruppic (Ccnfermenr of Ownership) (2) Where, in the case of an occupant of kudiyiruppu '[in u horn such ku Ji yirilppu vests under sub-section (1). 1 the superstructure belcngs to any person other than such occupant, such superstructure shall also, with effect from the date of the commenccmcnt of this Act, vest in such occupant absolutely frce from all encumbrances. 2[(3) Nothil2g i11 sub-section (1) shall bc dccli~cd to confer the right of ownership of kudiyirclppu on any agriculturist or agricultu-a1 lohoutcr if he alrcady owns a dwelling house or 11ut or a housc-.;he, within a distance of one kilometre from the kudiyiruppu referred to in sub- section (1) : Provided that the site on whlch the dwelling house or hut is erected or thc house-site conceriled is lnorc t h a l ~ three cents in cxtent.] 3 1 3 4 . (1) (a) W11ci-c on application bythc own~r, th; alternative Pr~visionof authorised officer i~ s?.tisficd th;:t the kudi yiruppu ref- ,,,, certain erred to in sub-section (1) of section 3 (hereinafter referred cases. to a.s the " existing kud.iyiruppu " ) is lociited in an) portion of any land and that the vesting of any such kudiyiruppu in a.r.y agricultm ist or agriucltur.al labourer may cause inconvenience for the convenient enjoyment .of such land as a wholt: by the owner of such land, the authorised officer ma,y, by an order in writing, permit the owner of such land to provide 8.n a.ltcrnative site within the same land or in any other land already owned by such owner, within such d.istancc a.nd within such period as may be prescribed, f5r the occupation of the a.griculturist or agricultura.1 labourer conwned. 1 This expression was substituted for the expression ''roferr:d to in sub-section (1) " by sectioo 3(ii) of the Tamil Nalu Occupants of Kudiyiruppu (Conferment of Ownership) Amend n~ent Act, 1975 (Tamil Nadu Act 6 of 1976), which was deemed to have come into force on the 24th December 1971. a This sub-section was added by section 3(iii) of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Amen dinent Act, 1975 (Tamil Nadu Act 6 of 19761, which was deemed to have come into force on the 24th December 1971. 8 Sections 3-A and 3-8 were inserted by se:tion 4 of t t ~ t Tacnil Naau Occupants of Kudiyiruppu (Conferment of Ownership) Amendment Act, 1975 (Tarnil Nadu Act 6 of 1976), which was deemed to have came info- force. on tlio 24th December 1971, , C-1-125-7-80 Occupants of Ktldiyirtppppu 11971 : a T. N. (Conferment of Ownership) (h) The alternative site shall sati conditioris, namely :- (i) it shsll be fit fc7r erection of a dwelling house. or hut, if tltcre is not alrencly soch dwelling nogse or hut . on the site, (ii) its cxtenl sl~~.ll not be less tllan the extent of" the exissing kidiyiruppu, subject to a ~llinirnuln of threez: ccnts, and (iii) such othw col:ditioi:.s as may bc pl escribd. (2) The nuthorised officer while granting permission ~ under silb-.%ection (1) sha.11 i . 1 ~ 0 direct the payment, by the owner to tl~c a.gric~~ltu;.irt 01- pgi inrltural labourer, within sucl~ time ; I S may bt? prcscri bc.~, of decided by the amthori~ed officer for sh to the ~.ltcrimtive site i nd~tding the ,:~.perstmcturo on the :aid site. The 3. shall, before granting permission under sub-se satisfy himself the.t the conditions lneilli~rocd in s (I) are satisfied : Provided t h t khforc granting such per mission, t authcsiszc' officer shall .@vc an opportu~ity of being h a to tho a~ricultuf-ist or agricultura! labourer concerned Provided further that the euthorised o f f i ~ r & not gard such permission if the alternative already owned by such owner. (3) If such ow-cr frkils to provide t11c site as pt:rmitted by thc authoriscd o prescribed timo or f;li 1 s to comply with a under sub-section (2) in reg~.rd to payment o agricuItu: ist or a.gricalturr?l labourer sha.11 be the owner~hip of the existing kudiyiruppu under sub. (1) of sectbn 3. (4) ~f ~ucll owjlcc pA~idcs 811 ;ilte; suancc of the pcrmi~sior; ganted under: su the agric;titut ist ci. agricidtural labourer co :; givr;t zil opportunity to OCCUPY ih.: dternztive he shr.11 b~ clt.oined to have become the owner. kudiyiruppu, from the date on which he so tive site. Such alterlla t ive kudiyiru - .rr*,. - - --- -*. ...- t 401 Occqmr ts of Kudi-vi~*~!ppu ( Co:;'l. I.:.: -*.t 3f Cjvrier ship) from such date, b:. d.ce~~lcd to ha.vt: i~ccicd in 11i1i7 bmlutely free from all ~.n:umbrances 2nd the site of the xisting kediyiruppu phnll re\crt to the owner. Jturist or agriculturr.~ laboilltr tl-,l the alttrlzativ€ site plovidt-.r by rsuancc of a permission granted t d e r t11in such time as may be prescribed, cuch gricultural labourei shell not be er.ritled f this Act, but shall be entitled tc? the tlic Tamil Nadt Occupafits of Kudi- om Eviction) Act, 1451 (Tahil 3-B. (1) If any question arise+ . ' 1 ~ u t b isdd officer to decide whetha (a) whether any person is an agricu1turir;t or an a pmonis an gricultural labourer, or agriculturist or agricultural (b) wl~etl~cr any lal~tl is an agriculturnl land, or labourer, etc. (c) whather any site is n kodiyiruppu, or (d) whether ally area adjacent to a dwelling house or 11ut is necessary foi thc ccbnvenient el~joym~nt of sucfl dwelling houso or hut ; such question slmll be decided by the authorised &er, Y question uiidet su b-;ecf io il (1 ), s shall f~llow such proc~du1.e a: lll;ry