Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971
The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971, enacted by the Government of Tamil Nadu, gives qualifying agriculturists and agricultural labourers ownership of the Kudiyiruppu they occupied as tenants. The Act received the President's assent on 20 December 1971, was published in the Tamil Nadu Government Gazette on 27 December 1971, and was subsequently amended in 1974, 1976, 1986 and 1990.
What the Act does
The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 replaced the temporary Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961. It was intended to prevent homelessness and give economic security to agriculturists and agricultural labourers who occupied house sites provided by landowners.
The Act applies to an agriculturist or agricultural labourer occupying a Kudiyiruppu as a tenant in Tamil Nadu. A qualifying occupant who occupied the Kudiyiruppu on 1 April 1990 becomes its owner, with the property vesting free from all encumbrances. An agricultural labourer who already has a dwelling house cannot claim this benefit.
Who and what qualify
The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 provides that:
- An agricultural labourer is a person whose main livelihood comes from wages for manual labour on agricultural land, excluding plantation labour.
- An agriculturist cultivates agricultural land through their own manual labour or that of a family member.
- A Kudiyiruppu is the site of a dwelling house or hut, including adjacent areas, occupied by an agriculturist or agricultural labourer as a tenant or licensee under a tenancy arrangement.
- A tenant includes a person who paid or agreed to pay rent or other consideration under an express or implied tenancy agreement, as well as heirs and legal representatives.
The authorised officer decides disputes about the occupant's status, whether land is agricultural land, whether a site is a Kudiyiruppu, and whether adjacent land is needed for quiet enjoyment. An appeal may be made to the District Collector within 90 days, with delay capable of being condoned for sufficient cause.
Alternative sites and compensation
The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 allows an owner to provide an alternative site if vesting the existing Kudiyiruppu would cause inconvenience. The site must be fit for a dwelling and must not be smaller than the existing Kudiyiruppu, subject to a minimum of 3 cents.
- Interested persons are entitled to compensation for vested Kudiyiruppu or superstructures.
- The Government pays compensation, then recovers it from the new occupant-owner in 15 equal monthly instalments.
- Compensation disputes may be appealed to the court, with a second appeal to the High Court when the amount fixed exceeds Rs.10,000.
Transfers and restrictions
The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 requires both transferor and transferee to notify a transfer of title. It also prohibits sale, mortgage, lease or other alienation by the occupant for ten years from commencement, and permits the authorised officer to declare a prohibited transaction void and take possession. Civil courts cannot decide matters assigned to the Government or authorised officer.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does every agricultural labourer occupying a house site automatically become its owner?
No. The person must satisfy the Act's requirements for an agricultural labourer or agriculturist occupying a qualifying Kudiyiruppu as a tenant. An agricultural labourer who already has a dwelling house cannot claim the ownership benefit.
Who decides whether my property is a Kudiyiruppu?
The authorised officer decides whether the site is a Kudiyiruppu, whether the occupant is an agriculturist or agricultural labourer, and whether adjacent land is necessary. An aggrieved person may appeal to the District Collector within 90 days.
Who pays compensation to the former landowner?
The Government pays the compensation. The occupant who receives ownership must reimburse the Government in 15 equal monthly instalments.
Can a Kudiyiruppu owner sell or mortgage the property?
The Act prohibits sale, mortgage, lease or other alienation by the occupant for ten years from the commencement of the Act. The authorised officer may declare a prohibited transaction void and take possession of the Kudiyiruppu.
