Section 3A in Tamil Nadu Occupants of Kudiyiruppu (Conferment Of Ownership) Act, 1971
3A. Provision of alternative site in certain cases.
(1)(a)Where on application by the owner, the authorised officer is satisfied that the kudiyiruppu referred to in sub-section (1) of section 3 (hereinafter referred to as the "existing kudiyiruppu") is located in any portion of any land and that the vesting of any such kudiyiruppu in any agriculturist or agricultural labourer may cause inconvenience for the convenient enjoyment of such land as a whole by the owner of such land, the authorised officer may, by an order in writing, permit the owner of such land to provide an alternative site within the same land or in any other land already owned by such owner within such distance and within such period as may be prescribed, for the occupation of the agriculturist or agricultural labourer concerned.(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 such dwelling house or hut on the site,(ii)its extent shall not be less than the extent of the existing kudiyiruppu, subject to a minimum of three cents, 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, within such time as may be prescribed, of reasonable costs as decided by the authorised officer for shifting of the residence to the alternative site including the cost for erecting a superstructure on the said site. The authorised officer shall, before granting permission under sub-section (1), satisfy himself that the conditions mentioned in sub-section (1) are satisfied:Provided that before granting such permission, the authorised officer shall give an opportunity of being heard to the agriculturist or agricultural labourer concerned:Provided further that the authorised officer shall not grant such permission if the alternative site is not already owned by such owner.(3)If such owner fails to provide the alternative site as permitted by the authorised officer within the prescribed time or fails to comply with any direction given under sub-section (2) in regard to payment of costs, the agriculturist or agricultural labourer shall be entitled to the ownership of the existing kudiyiruppu under sub-section (1) of section 3.(4)If 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 and he shall be deemed to have become the owner of such kudiyiruppu, from the date on which he so occupies the alternative site. Such alternative kudiyiruppu shall, with effect from such date, be deemed to have vested in him absolutely free from all encumbrances and the site of the existing kudiyiruppu shall revert to the owner.(5)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 time as may be prescribed, such agriculturist or agricultural labourer shall not be entitled to the benefits of this Act, but shall be entitled to the protection under the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Tamil Nadu Act 38 of 1961).
