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

Wondershare Remove Watermark PDFelement The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976 Act 38 of 1976 Keyword(s): Kudiyiruppu, Plantation, Plantation Labourer, Rural Artisan DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. Wondershare Remove Watermark PDFelement 1976: President's Act 381 Rural Artisans (Confer- 635 ment of Ownership of Kudiyiruppu) THE TAMIL NADU RURAL ARTISANS (CONFERMENT OF OWNERSRIP OF KUDIYIRUPPU) ACT, 1976. I ARRANGEMENT OF SECTIONS. 1. Short title, extent and commencement. 2. Declaration. 3. Exemptions. 4. Definitions. 5. Rural artisan occupying kudiyiruppu to become owner. 6. Provision of alternative site in certain cases. 7. Right to restoration of possession of kudiyiruppu. 8. Authorised officer to decide whether a person is a rural artisan, etc. 9. Appeal. 10. Right to receive amount. 11. Determination of amount. 12. Appeal against order under section 11. , 13. Apportionment of amount. 14. Payment of amount. 15. Appeal to High Court. 16. Power of authorised officert o call for information. 17. Mode of payment of amount. 18. Prohibition of alienation of kudiyiruppu or super- structure. 19. Transitional provision in regard to certain liabilities, 20. Power to acquire land used for common purposes. 204. Power of Government to cancel or modify notifi- cation under section 20(l)in certain cases. 20-B. Land not to have vested in certain cases. 20-C. Vesting of land newly included. 21. Service of notices and orders. 22. Power of entry. 23. Penalties. Wondershare Remove Watermark b PDFelement 636 Rural Artisans (Conferment [1976: resident's Act 38 of Ownership of Kudiyiruppu) 24. Offences by companies. 25. Prosecution and trial of offence. 26, Bar of jurisdiction of Civil Courts. 27. Authorised officer, etc., to be public servants. 28. Protectionof action takenin good faith. 29. Act to override other laws. 30. Power to make rules. Wondershare Remove Watermark PDFelement t 976: President's Act 381 Rural Artisans (Conferment o,i 637. Ownership of Kudiyiruppu) PRESIDENT'S ACT NO. 38 OF 1976.8 THE TAMIL NADU RURAL ARTISANS (CONFERMENT OF OWNERSHIP OF KUDIYIRUPPU) ACT, 197C. [Received the assent OJ' the President on the 19th October 1976, $rst published in the Tamil Nadu Governm~:nt Gazelle Ext~ao).dinary on the 19th October 1976 (Ai ppasi 3, Nala (2007-Tiruvalluvar ~tandu)).] Enacted by the President in the Twent y-seven: h Year of th3 Rcpublic of India. An Act to provide for the conferment of ownership rights on rural artisans occupying kudiyiruppu in the State of Tamil Nadn. In cxcrcisc of the powcrs conferred by section 3 of the Tamil Nadu State Legisla.ture (Delegation of Powirs) Act, 1976 (41 of 1976), thc President is plczsed to enact as follows :- 1. (1) This Act may be cdled the Tamil Nedu shmtti t~, Rural Artisans (Conferment of Ownership of Kudi- extent and yiruppu) Act, 1976. commence ment. (2) It extends to the whole of the State of Tamil Nadu, exccpt- (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 eny law for the time being in force. (3) It shall come into force at once. 2. It is hercby ddclared that this Act is for giving Declaration. effect to the policy of the State towards securing the principles sptcificd in cl~.ususe (b) and cla.use (c) of article 39 of th; Constitution. 3. Nothing in this Act shall apply to any land Exemptions held by the Central Governmeat or any State Govern- ment or any local authority or any corporation estab- lished by or under a Central Act or a State Act or ,any Gov~rnmentC ompany as defined in section 617 of the Con~paniesA ct, 1956 (1 of 1956). * For Reasons for the enactment, see Tamil Nadu Government Gazette ~xtraordinary, dated the 19th October 1976, Part 1 ~ - Section 2, Pages 329-330. Wondershare Remove Watermark I PDFelement 638 Rural Artisans (Conferment [1976: President's Act $8 of Ownership of Kudiyiruppu) I 4. In this Act, unless the content otherwise requires,- I 1 (1) authorisc d officer " meads any I[Reven e Cc Officer not below the rank of lahsildar] authorised by the Govzrnrnent by notification to ~xcrciseth e p3wers conferred on, and discharge the duties imposed upm, the authorised officer under this Act, for such arca as may be specified in the notification; (2) Court means the Subordinate JudgtSs 6' " Court having jurisdiction and if thcre is no such Sub- ordinate Judge's Court, the District Court having jurisdiction; (3) cc Government " means the State Govern- ment; (4) kudiyiru.ppu" means the site of any dwel- '6 ling house or hut (other than in a plantation or land hild for ancillary purposes of plantation), occupisd, either as tenant or as licensee, by any rural artisan and includcs such othcr area adjacent to such dwelling house or hut as mxy bc necessary for the convenient enjoyment thereof. Explanation I.-For the purposes of this Act, it shall be presumed that any person occupying the kudiyiruppu is a rural artisan until the contrary is proved. Explanation 11.-In determining the qucstion whe- ther for the purposes of this clause any arta adjacent to the dwelling house or hut is neccsszry far the conven- icnt enjoym~nto f such dwelling house or hut- (i) the area ~hichth e rural artisan had been enjoying on the 1st day of July, 1973; and (ii) such other factors, as may be prescribed, shall be taken into account; 1 I (5) cc person interested ", in rclation to any kudi- yiruppu or superstructure thcreon, includcs any pcrson claiming, or entitled to claim, an interest in the amount payable on account of the vcsting of that kudiyiruppu or in the rural artisan; I i ~hesew ords were substiluted for the words '<Gazetted Officer" by section 7 of the Tamil Nadu Kudiyiruppu Laws (Amendment) Act, 1982 (Tamil Nadu Act 35 of 1982). Wondershare Remove Watermark PDFelement 1976: President$A~ ct 381Rural Artisans (conferment of 659 Ownership of Kudiyiruppu) (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 pur- poses 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, washer- man or potter or any other person engaged in any such calling or employment as the Government may, by notifi- cation, 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 ; Wondershare Remove Wka termark PDFelement 640 Rural Artisans (conferment of [I97 :P resident's Act 38 Ownership of Kudiyiruppu) I (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 in- cludes his heirs and legal representatives ; (1 1) " to hold land " with its grammatical varia- tions 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. 5. (1) Save as otherwise provided in this Act, any Rural artisan occupying rural artisan who was occupying any kudiyiruppu on the kudiyiruppu 1st day of July 1975, either as tenant or as licensee, shall, toow nbeerc. ome 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 (I), the super- structure 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. pravision of 6. (1) (a) Where on an application by the owner alternative' of any land, the authorised officer is satisfied that the site in kudiyiruppu referred to in sub-section (1) of section 5 certain casd. (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 whqle by. such owner, the authorjsed officer may, by order in writing, permit such owner to rovide an alternative site within the same land or in P Wondershare Remove Watermark PDFelement 1976: President's Act 58]Rural Artisans (Confirment of 641 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 pres- cribed. (2) The authorised officer, while granting pcr- mission under sub-section (I), shall also direct the pay- ment, 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 super- structure 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. (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 (I), the rural artisan concerned shall be given an oppor- tunity 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 Wondershare Remove Watermark PDFelement 642 Rural Artisans (Conferment of [1976: President's Act 38 Ownership of Kudiyiruppu) 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. I (5) Subject to the 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 I 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 I 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. 7. (1) If any rural artisan who was occupying any Right t.0 reS:oratlonof kudiyiruppu on the 1st day of July 1975 had been evicted possession of from such kudiyiruppu after such date, but before the kudiyiruppu.1 commencement of this Act, he may, within a period of six months after such commencement, apply to the authorised officer within whose jurisdiction the kudlylruppu is situated in such form as may be prescribed for restora- \ tion to him of the possession of the kudiyiruppu from which he was evicted. (2) On receipt of an application under sub-section (I), 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. Authorised 8. (1) If any question arises- oscer to decide (a) whether any person is a rural artisan ; or whether a person is a (b) whether any rural artisan holds any land ru8al artisan, other than the kudiy iruppu ; or etc. (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 Wondershare Remove Watermark PDFelement 39% : president's Act 381 &ural Artisans (Conhrment 643 of 0w nership of Kudiyiruppu) (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 (I), the authorised officer shall follow such procedure as may be prescribed. 9. (1) Any person aggrieved by any decision or order of Appad. 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 (I), the District Collector or the other officer referred to in sub-section (1) shall follow such procedure as may be prescribed. 10. Every person having any interest in any vested Right to I kudiyiruppu or superstructure shall be entitled to receive receive and be paid the amount as hereinafter provided. amount. 11. (1) The amount payable in respect of any vested Determination kudiyiruppu or superstructure shall be as specified in the of amount. 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 thls 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. Wondershare Remove Watermark b PDFelement 644 Rural Arttsans(Conferment [I97 : President's Act 58 of Ownership of Kudiyiruppu) Appeal la. Any person who does not agree to the amount ~ ~ ~ ~ t sdpete~rmdineedr b y the authorised officer under section 11 may 11. "On prefer an appeal to the Court within such period as may be prescribed. Apportionment 13. (1) Where several persons claim to be interested Of in the amount determined under section 1 I, the authori- sed 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 111 of the Land Acquisition Act, 1894 (I of 1894). 14. (1) After the amount has been determined, the Payment of amouct. 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 (I of 1894). I 15. Subject to the provisions of the Code of Civil Appeal to High court. 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, lf the amount as determined by the authorised officer exceeds such sum as may be prescribed. I rower of 16. (1) The authorised officer may, for the pup.. authorised pose of carrying out the proyisions oc this Act, by order, officer to call require any person to furntsh such information in his fcrinfomuti'Dnnp.o ssession relating to any vested kudiyiruppu or super- structure. Wondershare Remove Watermark PDFelement 1976 : President's Act 381Rural Artisans (Conferment 645 of Ownership of Kudiyiruppu) (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. 17. (1) The amount as finally determined under this Mod0 of t'5'i;.t~~ 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. 18. (1) Notwithstanding anything contained in Prohibition the‘';;:^?{? section 5 or in section 6, no rural artisan in whom kudiyiruppu or the superstructure has vested under ,,ppuo, either of those sections and no heir or legal representative superstruc- of such rural artisan shall, except with the previous twe. sanction of the authorised officer, sell, mortgage, lease or otherwise alienate the whole or any pmtion of such kudiyiruppu or superstructure for a period of ten years from the date of vesting of such kudlyiruppu or superstructure. (2) Any,alienation in contravention of sub-section (1) shall be null and void. 19. (1) All claims and liabilities enforceable in respect : T " ra & ns ! i ! ti : o : n s! of the kudiyiruppu or the superstructure immediately In before the commencement of this Act or the date of vesting of the kudiyiruppu or the superstructure, as the case liabilities, may be, against any person interested shall, on or after Wondershare Remove Watermark PDFelement 646 Rural Artisans (confermenr[1976 : President's Act 38 of Ownership of Kudiyiruppu) 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 immedi- ately 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. I (3) No court shall, in eAforcing 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. 20. (1) Where the Government are satisfied that any Power to acquire land land is used by the occupants of kudiyiruppu immediately used for before the commencement of this Act fo a common common purpose, they may acquire the land by publishing in the pur~oses Tamil Nadu Government Gazette, a notification to the effect that they have decided to acquire the land in pur- suance 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 (I) 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 encum- brances. Wondershare Remove Watermark PDFelement I 1W6: President's Act 381Rural Artisans (conferment of 647 Ownership of Kudiyiruppu) (3) The Government shall make available the land acquired under this section to the occupants of kudi- yiruppu 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 Schcdule 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. 1[20-A. The Government may, by notification, cancel Power of or modify any notifi:ation, issued under sub-section (1) of Government ~ ~ ~ y " " ~ ~ : - section 20, to rectify any error or mistake therein. and nothing in this section shall be deemed to prevent the issue fi,,,i,, of a fresh notification by the Government under sub-secLion.20(~) section (1) of section 20 in accordance with the provis~onsin certalc of this Act. cases. 2043. (1) Where any notification,- Land not to. have vested in (a) is modified by way of omission (whether certaincases. 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 ol such land shall be recovered by the Govcrnmint 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 cancclla- tion, as the case may be, to the person lawfully entitltd to such land and any such land made available by the G-overn-ment to the occupants of kudiylruppu prior- to such date shall be deemzd to have been w~thdrawn. No claim I These sections were inserted by section 8 of the Tamil Nadv ~(udiyiruppuL aws (Amendment) Act, 1982 (Tamil Nadu Act 35 of 1982). Wondershare Remove Watermark I PDFelement 648 Rural Artisans (Conferment [1976: President's Act 38 of Ownership of Kudiyiruppu) I 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. I Vesting of 20-C. Where any notification is modified under land newll section 20-A by way of inclusion, the land to which such included. inclusion relaies shall be deemed to have vested in the Government as if such land were includedin a notification issued under sub-seaion (1) of section 20 and accordingly, the provisions of this Act shall apply to the land so vested.] 21. (1) Save as otherwise provided in this Act and Service ol subject to the provisions of this section and of any rule and orders. 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 servcd 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 delivcring 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 ;o r (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. Wondershare Remove Watermark PDFelement 1976; President's Act 381Rural Artisans (Conferment of 649 Ownership of Kudiyiruppu) (2) Where the notice or order cannot be served without undue delay, due to any dispute in the ownership of the kudiyiruppu 01 the superstructure or due to the person to whom the notice or order is intended being not readily traceable, the notice or order may be served by publishing it in the Tamil Nadu Government Gazette, and where possible, by affixinga copy thereof on some conspi- cuous part of the kudiyiruppu or superstructure to which it relates. 221. It shall be lawful for any officer or person Power of authorised by the authorised officer in this behalf to enter entry. into or upon any kudiyiruppu or superstructure with or without assistants for purposes of giving effect to the provisions of this Act. 23. Any person who obstructs any officer or penalties. 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. 24. (1) Where an offence under this Aot has been ore11cbye s oommitted by a company, every person, who at the time companies. the off~ncew as committed, was incharge of, and was responsible to, the company for the conduct of the busi- I ness of the company as well as the company, shall be i1 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 (I), 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 direc- tor, 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. Wondershare Remove Watermark PDFelement , 650 Rural Artisans (Conferment of[l976: President's Act 38 I Ownership of Kudiyiruppu) ! 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. I Prosecution 25. (1) No prosecution for any offence punishable and trial of under this Act shall be instituted except with the previous I offence. sanction of the authorised officer. (2) No court inferior to that of a Metropolitan I Magistrate or a Judicial Magistrate of the first class shall try any oKence punishablc under this Act. Bar of juris- 26. Save as otherwise expressly provided in this Act, diction of no Civil Court shall have jurisdiction in respect of any Civil Courts- 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. Authorised 27. The authorised officer and any officer or person officer, etc., authorised by him under this Act shall be deemed to be to be public public servants within the meaning of section 21 of the Servants. Indian Penal Code (45 of 1860). I B. (1) No suit, prosecution or other legal proceeding Protection of action taken shall lie against any person for anything which is, in good in good faith. faith, done or intended to be done in pursuance of this Act or of any rule or order made thereunder. I (2) No suit or other legal proceeding shall lie against the Government or the authoriced 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. Act to override 29. The provisions of this Act and the rules made other laws. thereunder shall have effect notwithctanding anything inconsistent therewith contained in any other law for Wondershare Remove Watermark PDFelement 1976: President's Act 38]Rural Artisans (Conferment of 651 Ownership of Kudiyiruppu) the time being in force, or any custom, usage, or contract or decree or order of a court or other authority. 30. (1.) The Government may make rules for Power to make rules. 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 o such dwelling house or hut 3 (c) the fees payable in respect of any applica- tion 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, [See sections 11 (1) and 20 (4).] 1. The amount payable in respect of the kudiyiruppu or the land shall be one hundred times the survey assessment on the kudiyiruppu or the land, as the case may be : Wondershare Remove Watermark PDFelement 652 Rural Artisans (Conferment of 11976: President's Act 38 Qwnership of Kudiyiruppu) I Provided that where the kudiyiruppu or the land forms part of survey field and is not separately assessed to reve- nue, the amount payable in respect of such kudiyiruppu or land shall be deemed to be one hundred times such propor- tion of the survey assessment as the part bears to the entire survey field. I Explanation.-For the purpose of this paragraph, "survey assessment" means assessment in accordance with a settlement or re-settlement notification and where such settlement or re-settlement notification is not in force, the assessment of a comparable dry or wet land, as the case may be, in a village in the neighbourhood where the settle- ment or re-settlement notification is in force. 2. The amount payable in respect of the superstructure shall be the market value of such superstructure. Explanation.-For the purposes of this Schedule,- (i) "kudiyiruppu" means the kudiyiruppu vested in a rural artisan under the provisions of this Act; (ii) "land" means the land acquired under section 20; and (iii) "superstructure" means the superstructure on the kudiyiruppu vested in a rural artisan under the provisions of this Act or the superstructure on the land acquired under section 20.