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. The Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act,
1961
Act 38 of 1961 Keyword(s):
Agricultural Labourer, Agricultural Land, Agriculturist, Authorised Officer, Kudiyiruppu, Person Interested, Plantation, Plantation Labourer, Tenant Amendment appended: 35 of 1982
1
- *C 1961: T . N.Act 381 Occupantsof Rudiyirupp~ (Protection 739 from Eviction)
THE TAMIL NADU OCCUPANTS OF KUDIYIRUPPU (PROTECTION FRO&
EVICTION) ACT, 1961.
ARRANGEMENT OF SECTIONS.
SECTIONS.
1 Short title and extent.
2 Defhitions.
3 Persons occupying kudiyiruppu nct tc ) be e-ricted.
4 Right to ~estoration of possession of kudiyiruppu.
5 Owner's right to apply to authoriztd offiwr.
6 Authorized officer to hold summary enquiry.
7 Appalls.
8 Savmg.
9 Act to override other laws, contracts, ct tl,
10 Costs.
11 Bar of jurisdiction of civil wurto.
13 Indemnity. 13 (Omitted.)
14 Po*er to make ru&(
,
2
liccupakis oj .K~iudi'Lr~ppu [1961 : T.N. Act 3g (Proteelion from Bvlctio 11)
l[TAMIL NADU] ACT No. 38' O F 19612. THE '['TAMIL NAUClj GZCDPANTS OF KUC'IYI- RUPPU (PROTECTION FROM EVImION) ACT, 1961. [Received the assettt of' the President on the 10th No vem- ber 1961, first published in the Fort S t . George Gl:zetle on the 29th November 1961 ( A g r a h ~ n a 8, 1883) .I.
An Act to provide for the protection from eviction of persons occupying kudiyiruppu in t be S[State of I'amil Nadu]
WHEREAS it is necessary to provide for the protection from eviction of persons occupying kudiyiruppu in the '[State of
Tamil ~ a & ] ; Be it enacted in the Twelfth Year of the Republic of India as follows :-
1 . ( 1 ) This Act may be called the =[Tamil Nadu] '[Short tittle Occupants of Kudiyiruppu (Protection from Eviction) Act,
and extent 1. 961.
(2) It extends to the whole of the 3[State of ?'atnil
Nadu J. ------- --.-- - 1Ti~se words were substitured for the word "Madras" by he Tamil Nadu Adap!a;iol~ c f Laws Order, 1969, as amended by
i l ~ c Tajnll Nadu Adaptation of u w s (Second Amendmsn~)
Order 1969
"or Statement of Objects a ~ ~ d Reasons, see Fort St. George
Gazette ]Extraordinary, Part 1V- Sect ion 3, dated the 24th August 1961 pages 279-280.
Nothing in this Act as re-enacted by. the Tamil Nadu Occupants of Kudiyisuppu (Protection from. Evictloo) Re-enacting Act, 1975
(Tamil Nadu Act 23 of 1975) or ?n the latter Act shall be deemed to affect the operation of the Tam11 Nadu C~ccupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (Tamil Nadu Act 40 of 1971)- Piease see section 4 of Tamil Nadu Act 23 of 1975,
a ~ G s expression was substituted for the expression "State of Madras" by the Tamil Nadu Adptation of Laws Order, 1969, as'
amended by the Tamil mdu Adaptation o i Laws (Second Amend- ment) Order, 1969.
4This heading was substituted for the heading "Short title,
extent and duration" by section 2 (1) (a) of the Tamil Nadu . Om-
pants of Kudiyiruppu (Protection from Bvlction) Re-enacting &,
197s (Tamil Nadu Act 23 of 1975), whch was deemed to have into f orce on the 29th November 1973. -+ @
3
19 61 f T.N. Act 381 0 ccupants of Kudiyiruppu 74 1
(Protection f rom Evict ion) 1[(3)* * * * * * * * * I
2, 111 this Act, unless the context otherwise r~quhes,- Definitipfir
(1) "agricultural 1:rbourer" mems a person whose principal means of livelihood is the income he gets as ,,dges for his manual labour on agricultural land ;
(2) '.%gricultural lai~d" mems any land used for any
of the following purposes, namely :-
- (a) horticulture ;
(b) the raisihg of crops, grass or garden produce;
9 ,.
*(c) grazing i ,4
(d) the raising of manure crops ;
1
I (e) dairy farming ;
(f) poultry hrming ;
(g) livestock &I breeding ; ' . d I
(h) growing of trees ;"and
/
. (i) includes m y land ugd:. fiir any purpoa
subseivietlt to the above purposes, an9' forest land, pasture land, pla~tstion, orchard and topet but
\
(ii) does not include house-siie or land used exclusively for non-agricultural purposes ; '
I The original sub-section (3) read as follows :-
"(3) It shall remain in force for a period of three ~cars".
In the said sub-section, the period of "three years" has sub- sequently been amended as "six years", "nine years" and "twelve years" respectively by section 2 of the Tamil Nadu Occupants of
Kudiyiruppu (Protection from Eviction) Amendment Act, 1964 (Tamil Nadu Act aJ.4 of 1964), by section ? of the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) fimendment Act, 1967 (Tamil Nadu Act 15 of 1967) and by sectlon 2 of the Tamil Nadu Occupants of Kudiyiruppu (Protec~ion from Evictioa) Amendment Act, 1970 (Tamil Nadu Act 1 of 1971). which was deemed to have come into force 013 the 23rd November 1970. Sub- section (3) as so amended was finally omitted by section 2 (:) (b)
ot' thc Taniil Nad u Occupants of Kudlylruppu (Protcct~on fi.om I?~ric:tion) Re-enacting Act, 1975 (Tamil Nadu Act 23 of 1975), which wab deemed to have come into f~rce on the 29th November I " 2 . 125-6-48
4
742 Occuprmts o f ~ u d l y l r i m [I961 : T.N. Act 38 (Proteetian from Eviction)
(3) "agricrdturist" means a person who cultivates agricultural land by the contribution of his' own manual labo~iz or of the manual labour of any member o f his
fami: y ;
J
(4) "authb'dzed officer" means any Gizttted Qfiwf authorized by tho Government by notiflation to ~xordw
the powers confbped 011, mid discharge the dutlea imposed upon, the authorized officer under this Act for such
area as may be specified in the notification ;\
(S)"'Govarnment?' means the State Government ;
(6) ' ' k u d i ~ p ~ u " means the site of any dwelling
house or hut occupied, either as tenant or as licensee, by
any agriculturist o r agricultural labourer and includes such otfier area adiawnt to-the dwelling house or hut as may be
necessary far-the convenient enjoyment of such dwe$ng house or hut ; ,
Explanation.--It shall be presumed that an y
person occupying the kudi yiruppu is an agricultural lab, er or an agriculturist, until tht? contrary is proved:
t^
(7) tenant" means any persOn who has paid or has agreedto pay rent or other cons id era tic^ for his being allowed by another to e~j;; :k 'and of the latter under a tenancy agreembnt, express or implied, and includes his heirs and
lega! representatives. P a w n s 3. 1[(1) Save as otherwise provided in this Act, no
Occupyi person occupying any kudi yi:uppu shall be evicted from rudiyiruppu
Oot to such kudiyiruppu.
evicted, 1 .
I
\ ___CIL
1 These sub-semons were substituted for ,the following sub-sec-
1 tions (1) and (2) by section 2 of the Tamil Nadu Occupants of Kudi- y iruppu (Protection from Eviction) Amendment Act, 197 1 (Tamil I .Nadu Act 20 of- 1971):--
i g ( l ) Subject to the provisions of 'sub-section )(3), no person occupying any kudiyiruppu on the 31st March 1959 shall be evicted from such kudi~hppu.
/
(2) Subject to the provisions of sub-section (3), any penon
occupying any kudiyiruppu on the 31st March 1955, shall be enti- tled to continue to O C G U ~ ~ the kudiyiruppu on the same t ~ r m s and conditions as were appliczble to him on such date."
5
19bl : T.N. Act 381 Occupants of Kudiyifuppu 743 (Protection from Eviction)
(2) Save as otherwise provided in this Act, any person ocoupying my kudi yiruppu shall be entitled to continue to
ampy thc kudiyiruppu on terms and conditions not lea t favourable than thok r.pplicable to him on the date .on which he occ;upied such kudi yir uppu.]
-- _ _
6
% (3) Sub-sections (1) 2nd (2) shall not apply to any per sen - o c~upying any kudiyir uppu- I . I
I . .
(6) if he has done any act or has been guilty of any negligence which is destructive of, .or injurious to, the property belonging to the owner of the kudi yiruppu ; or
(2 ifhe.'has wilfully denied'the title ofthe owner sf the 1PU 'yiruppu.,
I
/
Explmtion.-A denial of the owner's title under a
bond JkIe aistake of fact is not wilful 'within the meaning of this clause.
(4) In ooinputing the period of limitatio~ prescribed '
for an application for thje execution of a decree or or dc-r for the eviction of e pason occupying any kudi yiruppu, the time during which he was ~ o t e c t e d 'by sul~scction (1) from eviction shall be excluded.
~xplanation. -A decree or order sha 11 b :; deemed to be a decree or order for the eviction of a per sc+n occupying i any kudiyiruppu notwithstsnding that any otnx rzlief is also granted by such dccree or order.
4. '[(I)] If any p:.rson who wr..s occupying :>.ny kudi- Right te res- jiruppu on the 31st Mr.rch 1959 has bcen cviotcd from toration of
such kudiyiruppu afkr such d ~ ~ t e , but kforr: thc date of of possession "- :din
I t?: publicztion of this Act in the *Fort St. George Gn7rtte yimppua
I or is evicted from such kudi yiruppu after the date of' s u u ~ I publie.tion, he may, within a period of six months after the &.te of the publication ofthis Act in the*Fort St. George I Gazette or after th.; date of eviction, 2,s the c2.se m2.y be, epply to the authorized officer within whose julisdiction
1 Section 4 was renumbered as sub-section (1) of that section by section 3 of the Tamil Nadu Occupants of Kudjyirugpu Q?rotectionfrom Eviction) Amendment Act, 197 1 (Tamil Nadu
Act 20 of 1971). 'NOW the Tamil Nadu Government Gazette. 125-6 4 8 A
,
6
744 Oceupcints of Kudlyiruppu [196lS: T.N. Act 38 (Protection f rom J%v ictiorr)
the kudi yir'uppu is situated in such form as may be pres-
cribcd for restora.tion to him of the possession of the kudiyiruppu from which he wiis cvictcd, and to occupy it subject to the 'same terms and conditions, P.S ftr 45 may be, ss were applicable to him OE the 31st Marob 19%.
I
i(2) If any per son occupying any kudi yir u p ~ u , to
wllorn sub-section (1) does not spply, h,s been evict& fro111 snch kudiyiruppu on nr after i he 1 st February 1969, but before the &.te of the pub1ic;ition of the Tamil Nitdu
Occupa,nte of Kudiyiruppu (Protection from Eviction) Amendment Act, 1971, in the Tamil N& C;ov~rnment
a c e t f e , or is evicted from ~uch kudiyiruppu after the date of such publiu.tion, he may within a period of six months after the date of such publie.tion a1 efter the d ~ t e of evic-
5 tion, as the case'may be, apply to the zu thor i~~d officer !' within whose jurisdiction the kudiyiruppu is situated in It such form as may be presctibcd for restoration to hiin of il
A th: possession of thc. kudiyirupl-u from - which k~ was I evicted; and '% 0 ~ v . p ~ it subject 'b the same terms I; and coxlitions, as far as may be as were applicz ble to him '
I '
11 an the dste on which he was evicted.] - ,/
1) . . I
I 2[(3) If any person who w2.s occupying any kudi- $ A yiruppu on the.28th Novembx 1973 has been evicted from 1 suoh .kudiyirupp~ after such dzte, but b e f o ~ the .date
ii h'
o f t ae publicatiioqof the T~rnil N2.d~ Occ,uparits of Kudi- ,I 1 yiruppu (Piotectiqn from Eviction) Re-enating Act, 1975,
tl +. in the Tamil ' Nadu Government Gazette, he may, within a
,I
I (
pericd of six 'pzoOnths after the date of such'publiatiok, , - apply to tbe authorized officer within whose jurisdiction
the kudiyiruppu: is situa t€d in'such form %',may be pres-
. cribed for reitbiition to him of the pti-$eision of the kudiyiruppu from which he ~ 8 % evicted, and to occupy
. it to the sa'me terms and c b n d i t i ~ n s ~ p f a ~ a s m y be, -as yerc zppliabfe to him on the 28th No~cmbcr 1973.1 ---- - -
Z
.1 section 4 was .renumbered as sub-section (1) of that section d and this sub-sectl0n Was added by section 3 of the Tamil Nadu ii . Occupants of Kudl~iruppu (Protection from EY iction) Amendment Act, 19'71 (TamilNadu Act 20 of 1971); , / 1 ,' . !
2 This sub-sectiqn was added by'section 2 (2) of the Tamil Nadu , -pants of KuQ$~ppu (Protection from Eviction)' Re-enactbe ~ c t , 1975 (Tarnil Nadu Act 23 of 1!975), which was deemed to have come into force on the 29th November 1973,
7
5. Any owner ~f kudi yiruppu seeking to evict fdr any of Owner's right
the reasons mentioned in sub-sedion (3) of kction 3 any to apply the to
person occupying any kudi yir UPPU ,may; wht.th :r or not ,thorized
there is an order or decree of wurt for the e liction of officer. sucb person, m2,ke an zpplicetion for such eviction to the authorizrd officer within whose jurlsdi~onthe kudiyiruppu is 'situat~d~ in such form and within such time as may be- prescribed.
!
, 6. On receipt of th applicnlioa under ~3ctico 4 @@ ~ulhorized d oacex to section 5, the authorize officer shall, after giving a reasas- hold sum- able opportunity to the concerned to make their re- maq enwin.
prese~ations, hold a summary enquiry into the matter and pass an order either a110 wing the application or dis- missing it and sha 11 comn~unicate a copyLof such order to i he party concerrked .
7. (1) Against any order passed by the authorized A9pealse
officer unde'r section 6, any person aggrieved by such order may, within sixty days from the date of the ordcr, appeal to the District Collcctor :
Provided that the 'District Collector n ~ y a d m : ~ ,.I appeal presented after the expiry of the said pcricci il.' he
as satisfied that the party concerned had sufficient cause for not presenting it within the said period. '
I
Explarzution.-For the purposes of this sub-secticn. '
" dati of the order " means the date on which the order is communicated to the party concerned.
1[(2) The provisions af section 4 and of' sub-seciions {I) and (2) of section 12 of the Limitation Act, 1963 (Central Act 36 of 1963) sha 11, a s far as n?ay be, apply to any appx 1
under su b-section (I)].
I This sub-sec t ion was substituted for the following sub-section
by section 3 of the Tamil Nadu Occupants of Kudiyiruppu (Prote-
ction from Eviction) Amendment Act, 1964 (Tan;;l Pqadu Act 24 of 1964) :-.
" (2) The provisions of section 4 and of sub-sections (I) and
(2) of section 12 of the Tndian Limitation Act, 1908 (Central Act IX of 1908) shall, as far as may be, apply to any arpcc?. undcr swab. section (1). "
8
.'946 Qceupdnts of &@jiy i~uppu [~&l: - ? I T.N. Act 58 3- (Pror ec rion f row Evici ion) . .
(3) An appeai;t .the District ~ o l l e i o r under sib-
section (1) sha 11 be in such form and shall be accompanied by such fee as may be prescribed.
(4) The District Collector may, after giving'ihe parties to the appeal, an opportunity of being heard, pass such order thereon as he thinks ffit and shall communi- cate a copy of such order to the party concerned.
(5) The District 'Collector may stay the execution
. of any order passed by the authorized officer pending
she exercis~ of his powers oi appeal iinder this section.
Saving. S. Nothing contained in this Act shall be deemed to
nffea the ilpylication of the Travancore-Cochin Prevention
af Eviction of Kudikidappukars Act, 1955 (Travancore- Cochin Act &I11 of 1955), as in force in rhe Kanya kumari district and the Shencottah taluk of the Timnelveli district, to a kudikidappukaran as defined ir: section 2 (c). o f that Act.
Act to overa g. Subject to the provisions of section 8, the provisions
ride orher of this Act shall have effect notwithstanding anything
laws, con- inconsistent therewith contained in any other la w fo r the t r ~ t ~ ~ e c* time being in force, or any custom, usage or kntrac t or decree or order of a wurt cr other authority.
, I
Costs. 10. The costs of, and incidental to, all proceedings before the authorized officer or the District Collector shall be in his' discretion.
Bar of juris- 11. No civjl cocrt shall have j~risdictio~ in respect of
dictior "t any matter in which the authorized officer or the District civil courts. Collector is empowered byor under this Act to decide and no ijdunction shall be granted by any court in respect of any actioll taken or to be taken in exercise of any power conferred by or under this Act.
Indemnity. 12. NO suit, p~osecution or other legal prcceeding shall lie against the authorized officer or the ~ i i t r i c t ColleCtor for anything which is in gocd faith done or intended to be done in pErsuance of, this Act or any ruleI or order made thereunder.
9
1961 : T.N. A& 38j ~ccupants.of L~d i~ i r t rppb 747 (,Protection from Evict ion'
14. (1) The Government may make rules to carry Power to l our thc purposes of this Act. make rules.
(2) In particular and without prejudice to the
genera11 ty of the foregoing power, such rules ma j provide
for-
(a) the fdrm of application to be made to the autl~orized officer under section 4 or section 5 ;
(b) the manner of holding summary enquiry unrl,.:
section 6 ;
(c) the manner of communicating to the parties
cae order -under section 6 or under sub-section (4) of section 7 ;
1
I (d ) the form of appeal, and the fee payable, under i sub-section (3) of section 7.
i i 2[(2-A) The Government may make rules providing for the preparation of record of persons occupying kudiyiruppu. Such rules may also provide for appeal and revision.]
(3) All rules made under this Act a[ * * * *I
shall be published in the *Fort St. George Gazette and, unless they are expressed to come into force on a parti- cular day, shall come into force on the day on which they are so published,
-- --
1 The following section 1 3 was omitted by section 4 of &he Tamil Nadu Occupants of Kudiyiruppu (l'rotection from Eviction) Amend- ment tic!, 1971 (Tamil NaCu Act 20 of 1971) :--
b6 13. Power to remove difficulties.-If any difEculty a* ia giving effect to the provisiolns of this Act, the Government may," as occasion may require, by order, do anything which appears t~ them necessary for the purpose of removing the difficulty. "
2 This sub-section was i nsertad by section 5 (i), ibid, 8The words and figures " and all orders made under wtioo 13 fi were omitted by section 5 (ii), ibid.
+ Now the Tamil NarPsr Government Gazette,
10
448 &cu$anfs of Ktldiy ir~ppu [I 961 : T.N. Act 38 (Protect ion f ram Bvic tion)
(4) Every rule made under this Act '[ * * * *I shall, as soon as' possible after it is made, be placed on the iable of both Houses of the Legislature, and ii", before the expiry of the session in which it is SO placed or the nefi session, both Houses agree in ntaking zny modifi- catiron in any such rule 2 ~ * ] or both Houses agree
that the rule %[****I should not be made, the rule 2[ *** ] shall thereafter have effect only in such modified form or be of no kffect, as the case may be, so Nwever; thal any %uch modification or annulment shall 'be without'
preitrdice tb the *validity of anything prbviously dono under that $lc2[ * *Ie 'L
7- C --..-.C-LII
11
TAMIL NADU ACT NO. 35 OF 1982.
THE TAMIL NADU KUDIYIRUPPU LA
(AMENDMENT) ACI', 1982. An Act further to amend the Tamil NaJu Laws.
BE it cnrcted by the Legislature of the State of Nadn in the Thirty-third Year of the Republic of In follows:-
Sb,ort title and 1. (1) This Act may be called the Tamil Nadu Kudiyi oommence- ruppu Lawe (Amendment) Act, 1982.
ment.
(2) It shall come into force on such date as Government may, by notification, appoint.
P
bmndment of 2. In clause (4) of section 2 of the Tamil Nadu Occu
12