Primary law, Tamil Nadu land law
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976, President's Act No. 38 of 1976, was enacted by the President and gives ownership rights to certain rural artisans occupying a kudiyiruppu in Tamil Nadu. It applies across Tamil Nadu except the City of Madras, the City of Madurai, and areas within a municipal town or township, and it says that eligible rural artisans occupying a kudiyiruppu on the relevant date become owners, subject to stated exceptions and an alternative site process in some cases.
What this law does
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976, President's Act No. 38 of 1976, is a State law enacted by the President to confer ownership rights on rural artisans occupying a kudiyiruppu in Tamil Nadu.
A kudiyiruppu is the site of a dwelling house or hut, other than in a plantation or land held for ancillary purposes of plantation, occupied by a rural artisan as a tenant or licensee. It can also include adjacent area needed for convenient enjoyment.
Where it applies
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976 extends to the whole of the State of Tamil Nadu, except:
- the City of Madras
- the City of Madurai
- any area comprised in a municipal town
- any area comprised in a township constituted by or under any law in force
The Act states that it comes into force at once.
Who it affects
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976 affects:
- rural artisans occupying a kudiyiruppu as tenant or licensee
- landowners of such kudiyiruppu sites
- persons claiming an interest in compensation payable because of vesting
A rural artisan under the Act is a person, other than a plantation labourer, who does not hold any land other than the kudiyiruppu, whose annual household income does not exceed two thousand and four hundred rupees, and whose main livelihood is from making or repairing traditional agricultural tools or from practising a craft. The Act specifically mentions village carpenters, blacksmiths, barbers, washermen and potters, and allows the Government to notify other similar callings.
Main effect on ownership
An eligible rural artisan who was occupying a kudiyiruppu on the 1st day of July 1975, as tenant or licensee, becomes the owner from the commencement of the Act. The kudiyiruppu vests in that person absolutely free from all encumbrances.
If the superstructure belongs to someone else, the superstructure also vests in the rural artisan.
Ownership is not conferred if the rural artisan already owns a dwelling house or hut within a distance of one kilometre from that kudiyiruppu.
Important limits and exceptions
The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976 does not apply to land held by:
- the Central Government
- any State Government
- any local authority
- any corporation established by or under a Central Act or State Act
- any Government company as defined in the Companies Act, 1956
The Act also excludes plantation land from the definition of kudiyiruppu.
Alternative site provision
A landowner can apply to the authorised officer for permission to provide an alternative site if vesting of the existing kudiyiruppu would cause inconvenience in enjoying the land as a whole.
The alternative site must:
- be within the same land or other land already owned by that owner
- be fit for a dwelling house or hut, if one is not already there
- be at least as large as the existing kudiyiruppu, subject to a minimum of 1.214 acres
- satisfy other prescribed conditions
The authorised officer can also direct the owner to pay reasonable shifting costs, including the cost of erecting a superstructure. If the owner fails to provide the alternative site or pay as directed, the rural artisan is entitled to ownership of the existing kudiyiruppu.
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
If I am a rural artisan living on someone else's kudiyiruppu site, can I become the owner?
Yes, if you were occupying the kudiyiruppu on the 1st day of July 1975 as a tenant or licensee and you meet the Act's definition of rural artisan, the site vests in you from the commencement of the Act, unless a stated exception applies.
Does this law apply everywhere in Tamil Nadu?
No. The Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976 does not apply in the City of Madras, the City of Madurai, or areas within a municipal town or township.
What if the hut or house structure belongs to the landowner or someone else?
If the kudiyiruppu vests in the rural artisan and the superstructure belongs to another person, the superstructure also vests in the rural artisan, free from encumbrances.
Can the landowner move the occupant to another site instead of losing the existing site?
Yes. The landowner can apply to the authorised officer for permission to provide an alternative site, but it must meet the conditions in the Act, and the owner may also be directed to pay reasonable shifting and construction costs.
