(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 i t 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 canccllation, as the case may be, to the person lawfully entitltd to such land and any such land made available by the Government 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 ~(udiyiruppu Laws (Amendment) Act, 1982 (Tamil Nadu Act 35 of 1982).
Remove Watermark Wondershare PDFelement http://cbs.wondershare.com/go.php?pid=5261&m=db I 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.]
Service ol 21. (1) Save as otherwise provided in this Act and and subject to the provisions of this section and of any rule 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 ; or
(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.
Remove Watermark Wondershare PDFelement http://cbs.wondershare.com/go.php?pid=5261&m=db 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 i t in the Tamil Nadu Government Gazette, and where possible, by affixing a copy thereof on some conspicuous 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 ore11ces by oommitted by a company, every person, who at the time companies.
the off~nce was committed, was incharge of, and was I responsible to, the company for the conduct of the busi- 1 ness of the company as well as the company, shall be i 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 subsection (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 director, 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.
Remove Watermark Wondershare PDFelement http://cbs.wondershare.com/go.php?pid=5261&m=db 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 offence. sanction of the authorised officer.
I
(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).
Protection of I B. (1) No suit, prosecution or other legal proceeding 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.
(2) No suit or other legal proceeding shall lie I 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 Remove Watermark Wondershare PDFelement http://cbs.wondershare.com/go.php?pid=5261&m=db 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 carrying out all or any of the purposes of this Act. make rules.
(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 application 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 :
Remove Watermark Wondershare PDFelement http://cbs.wondershare.com/go.php?pid=5261&m=db 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 revenue, the amount payable in respect of such kudiyiruppu or land shall be deemed to be one hundred times such proportion 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 settlement 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.
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