State Act

THE PUDUCHERRY OCCUPANTS OF KUDIYIRUPPU (CONFERMENT OF OWNERSHIP) ACT, 1973

+[4-A. (1) (a) Where on application by the owner of any land, the authorised officer is satisfied that the kudiyiruppu referred to in sub-section (1) of section 4 (hereinafter referred to as the original kudiyiruppu) is so located as to cause inconvenience for the convenient enjoyment of the land as a whole by such owner, the authorised officer, may, by order, permit the shifting of the kudiyiruppu to another part of such land or to an alternative site possessed by such owner, within such distance and within such period as may be prescribed. (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 any dwelling house or hut on the site, (ii) its extent shall not be less than the extent of the original kudiyiruppu, subject to a maximum of three ares in rural areas and two ares in urban areas, 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 agriculturist or agricultural labourer occupying the original kudiyiruppu, within such period as may be prescribed, of such costs as may be considered by the authorised officer to be reasonable for shifting of the residence to the alternative site including the cost for erecting a superstructure on the said site and the authorised officer shall, before granting permission under sub-section (1), satisfy himself that the conditions specified in clause (b) of sub-section (1) are complied with: Provided that before granting such permission, the authorised officer shall give an opportunity of being heard to the agriculturist or agricultural labourer concerned. (3) If such owner fails to provide the alternative site as permitted by the authorised officer within the prescribed period or if such owner fails to comply with any direction given under sub-section (2) in regard to payment of costs, the agriculturist or agricultural labourer shall continue to be the owner of the original kudiyiruppu under sub-section (1) of section 4. (4) In such owner provides an alternative site in pursuance of the permission granted under sub-section (1), the agriculturist or agricultural labourer concerned shall be given an opportunity to occupy the alternative site within such period as may be prescribed and he shall be deemed to have become the owner of such kudiyiruppu from the date on which he so occupies the same and such alternative kudiyiruppu shall with the superstructure thereon, if any, with effect from such date, be deemed to have vested in him absolutely free from all encumbrances and the site of the original kudiyiruppu shall revert to the owner. (5) The amount payable under clause (a) of sub-section (2) of section 8 shall be determined for the kudiyiruppu deemed to have vested under sub-section (4) and in case payment has already been made for the original kudiyiruppu, the difference, if any, between the amount already paid for the original kudiyiruppu and the payable for the kudiyiruppu deemed to have vested shall be paid to, or collected from, the owner, as the case may be. (6) (a) Where any agriculturist or agricultural labourer 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, such agriculturist or agricultural labourer shall not be entitled to the benefits of this Act but shall continue to be entitled to the protection under the Puducherry Occupants of Kudiyiruppu (Protection from Eviction) Act, 1970 (Puducherry Act 11 of 1971). (b) The amount, if any, paid by the owner to such agriculturist or agricultural labourer under sub-section (2) shall, on his failure to shift the original kudiyiruppu to the alternative site, be recovered from him as if it were an arrear of land revenue and shall be refunded to the owner within such period and in such manner as may be prescribed].