+ All Categories
Home > Documents > The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961...

The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961...

Date post: 10-Apr-2018
Category:
Upload: vunga
View: 215 times
Download: 1 times
Share this document with a friend
14
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 Land Acquisition (Tamil Nadu Amendment) Act, 1948 Act 21 of 1948 Keyword(s): Central Act Amendment, The Land Acquisition Act, 1894 Amendments appended: 12 of 1953, 23 of 1961, 41 of 1980, 16 of 1997, 43 of 1999
Transcript
Page 1: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

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 Land Acquisition (Tamil Nadu Amendment) Act, 1948

Act 21 of 1948

Keyword(s): Central Act Amendment, The Land Acquisition Act, 1894 Amendments appended: 12 of 1953, 23 of 1961, 41 of 1980, 16 of 1997, 43 of 1999

Page 2: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

% +*LLWUI**.~J&~*;~W- .&4*-- & *-,**A--

, * ? ̂

1948 : T.N. Act XXI] a n d Acquisition (Tamil Nadu Amendment)

lCTAMIL NADU] ACT No. XXl OF 1948;.

[Tw LAND ACQUISITION TA TAMIL N$Du] A m - MENT) ACT, 19483. )

(Received the assent of the Governor on the 3 1st Decem- ber 1948;Jirst published in the Fort S t . George Gazette o? the 4th January 1949.)

An Act further to amend the Land Acquisi- tion Act, 1894, in its application to the 3[State of Tamil Nadu;\,

Act of WHEREAS it is expedient fvrther to amend the Land 1894. Acquisition Act, 1894, in its application to the

$[State of Tamil Nadu], for the purposes hereinafter appearing ; It is hereby enacted as follows :-

1. (1) This Act may be called the Land Acquisi- short title tion (l[Tamil Nadu] Amendn~ei~t) Act, 1948. and extent.

- (2) It extends to the whole of the "State of Tamil Nadu].

2. In section 17 of the Land Acquisition Amendment ~ c t I of Act, 1894- of section 1 7, Central (a) to sub-section (I), the following Explana- ~ c t I of

tion shall be added, namely :- 1894.

"Exl~lntl~2tion.-Tl~is sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures such as huts, pandals or sheds ;" -

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order. 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. <

J For Stafenient of Objecls and Reasons, see Felt St. G e o ~ e - Guzc:lr, datcd thc 17111 August 1948. Part IV-A, page 376.

a This exp~c\sion was substitutcd for the expression .'Province of Madras" by thc Taniil Nadu Adaptation of Laws Order, 1970, which was deemed to have cQme Into force on tiie 14th January 1969. i

4 This expression was substituted for the expression ''State of Madras" by the Tamil Nadu Adapta!lon of Laws1Ordcr. 1969, as amended by the Tarn11 Nadu Adaptat~on of Laws {Second A-d- mcnt) Order. 1969.

125-1 4-69

Page 3: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

;FA: ;.: *. .$% . , *

r * "* S 7

LandAcquisition [I948 : (Tmil Nadu Amendment)

(b)' in the first paragraph of subsection (2)-

(i) before the word "Whenever': at the commencement, the following shall be inserted, namely :-

f "In the following cases, that is to say-";

(ii) the portion beginning with the word "Whenever" and ending with .the words "access to any such station " shall be lettered as clause (a) and after the clause as so lettered, the following clause shall be inserted, namely :-

"(b) whenever in the opinion of the Collec- tor it becomes necessary to acquire the immediate possession of any land-

(i) for the purpose of any library or educatio~lal institution, or

(ii) for the construction, extension or improveme1:t of-

(A) any building or other structure in any village for the common use of the inhabitants of such village, or

(B) any gndown for any society regis- ~ a d r u tered or d;s~acd to be registered under the Madras tE9%. Co-op:rati\.~ Societies Act, 1932*, or

(C) any dwelling llousc for the poor, o r

(D) any irrigation tank, irrigation or drainage ch.lnne1, or any well, or

(E) any ~~ortd."

1

. ~

*See now the Taolil Nadu Co-operatiw SCIC~C~{W Act, 1961 (TauuI Nzdu Act 53 of 1961).

# , ' . t , I *

I

Page 4: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

-- w-

P r e p t t on ihc? 299th Jme 1953; *

L7n St. C?%X>~",~E G ~ G as rrL

Act Imther to amend the Land Acquisition A&, 1894 its application to the '[State of Tamil Nado].

to amend tE- Land

. I ; 2 In sections 28 and 34 of the Land Acquisition Act, Amendmel'ilof 894 (Central Act I of 1894),-- sections 28 and

(i) for the words " six per centum ", the words four per centam" shall be substituted ;

the following proviso shall be added at the end

--- -.A. -. ..--- rd " Madras " by as amended by the

u Adaptat ion *of Laws (Second Amendment) Order, 1969. of Objects and Reasons, see Fort St. George

dated the 4th March 1953 page 23.

Page 5: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

666 Land Acqttisition (Turnil Nadu 11961 : T.N. Act 23 Amenhen t )

l[TAiMIL PIADU] ACT No. 23 OF 1961.2

I HE LANE ACQUISITION ('[TAMIL NADUj AMENDMBN'T) ACT, 1961.

[Aeceived the assent of the President on the 22nd June 1961, first published iul the F O I ~ St. Geol ge Gazette on the 5th July 1961 (Asadha 14, 1883).]

An Act further to amend the Land Acquisition Act, 1894, in its application to the 3[State of Tamil Nadu].

WHEREAS i?. is expedient further to amend the Land Acquisition Act, 1894 (Ccneral Act I of 1894), in its application to the "State of Tamil Nadu] ;

. . EE i; en. cle:; In the rweifrh Ye:x uT 2i;. Republic of In,, i n 8 5 fi.~llow.> :--

Sbort title. 1. (1) This Act may be called the Land Acquisition extea: and ('[Tamil Nadu] Amendment) Act , 196 1. comrnence- ment,

(2) It extcuds to the whole of the 3[State of Tamif Nadu].

(3) It shall come into force on such date as the State Government may, by notification, appoint ; and different &tcs may be appointed for different areas.

Definition. 2.. In this Act, unless the context otherwise requires, " housing scheme" means any State Government scheme tb purpose 3f which is increasing house a ~ c o r n m o & t i ~ ~ and includes any scheme by a local authority, cornp& or body corporate for such purpose undertaken with the previous sanction of the State Governmznt.

1 These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tarnil Nadu Adaptation of Laws (Second Amendment) Order, 1969,

2 For Statement of Objects and ~easons, see Fort St. Gewgr Gazette Extraordinary, dated the 23rd February 1961, part IV- sect ion 3, pages 40-41.

8 This expression was substituted for the expression '' State of Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as mended by the Tamil Nadu Adaptation of Laws (Second Amend. ment) Order, 1969.

Page 6: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment)

~ ~ t i s l s 23 3. Where any land is acquired for the execution of any S a hou sing scheme, the Land Acquisition;. Act, 1894 (Central ~ ~ ~ ~ ~ ~ c t

w Act I of 1894), as in force in the '[state of Tamij Nadu], I ,f 1~ to shall apply subject to the following modifi:ations, apply with

, namely :--- certain i (1) In section 23 of the saic. Act, - rnodificatic+

in respect of mquiiition

((I) in sub-section (I), o f lands fcr housirig

(i) for clame f i s t , the following clause shall be substituted, namely :-

'C "jirst, the market value of the land ai the date of tlie publicatioxi of the notification under section 4, sub- section (I), or an amount equal to the average market value of the land during the five years immediately preceding such date, tvhicl~evcr is less;"

(ii) in clause fift/zly, the word "and " occurri ing at the end shall be omitted ;

(iii) in clause sixtlzly, athe word " and " shall be added at the end; and

(iv) after clause sixthly, the following clause s h ~ : be ~.Gded, namely :--

"seventhly, the use to which the land was put at the date of the publication of Ille notification ulzclcr section 4, sub-sectio n (I)." ;

< : (b) in sub-section (2), r the words " fifteen per centuni ", tile words "five Der certtum " shall be sub-

j (2) In section 24 of the said Act,-

2 (i) in clause sixthly, the word ''or" occurring at the end shall be omitted;

(li) in clause seventhly, the word " or " shall bL: added at the end; and

_ 1_1-- --- -- - 'This expression was substituttd for the expresion '<State of

E/.adras" by the Tnmil Nadi t Adaptatioll of Lzws Ordelr, 1969, a; amended by the Tamil Nndu Adaptation of Laws ( 5 esofiu ?A,nendn~cnt) Order, 1%C,

Page 7: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

668 Land ~cquirition (Tamil Nadu [1%1 : T.N. Act 23 Amendment)

(iiD after clause seventhly, the following clause shall be added, namely :--

"eighthly, any increase: to the value of the land acquired by reason of its suitability or adaptability for any use other than the use to which tlie land was put at the dart. of the publication of the notification under section 4, sub-section (I)."

~ g p ~ iciit io 11 4. Tho provisions of -. section 3 shall apply also to every ofybe ~a to case in which p r o c ~ , w ~ & ~ havd been started before the

pending commencement of this Act for the acquisition of any land Ease? Of for the ex3cution of any housing schemes, provided that

acqu'snlon* no award has been made by the Collector under section 1 1 of the Land Acquisition Act, 1894 (Central Act I of 1894), before such commencement.

Savingof 5.Sa77o as otherwise provided in this Act, other laws. the provisions of this Act shall be in addition to,

and not in derogation of, any other law for the time being in force regulating any of the matters dealt with in this Act,

Page 8: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

1 10 tar !d Acquisitioti . ti980 : 9.N. Act 4 (Tamil Nadu Amendinent)

TAMIL NADU8 ACT NO. 41 OF 1980.a QP

THE LAND ACQUISITION (TAMIL NADU AMEND- MENT) ACT, 1980.

[Received the assent of the President on the 21st November 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 26th November 1980 (Karthigai 1 1, Rowthiri-2011 -Tiruvalluvar Aandu).]

An Act further to amend the Land Acquisition Act, 1894. in its application to the State of Tamil N ~ u .

Ba it enacted by the Legislature of the State of Tamil Nadu in the *rh,irty-first Year of the Republic cjf India as ~ O ~ O W S : -

Short title, cx- 1. (1) This Act may be called the Land Acquisition tent and eom- (Tamil Nadu Amendment) Act, 1980. mancement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) Section 2 shall be deemed to have come into force on the 20th day of January 1967.

Amendment of 2. In sub-section (1) of section 6 of the Land Acqui- d o n sition Act, 1894 (Central Act I of 1894) (hereinafter referred Osnml A* I to as the principal Act), to the first proviso, the following oC 1894. Explanation shall be added, namely :-

"Explanation.-In computing the period of three years .

specified in this proviso any period during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 4 is I

held up on account of stay or injunction by order of a court, shall be excluded :".

v&&tio~ of 3. Notwithstanding any judgment, decree or order of win dodam any court to the contrary, no declaration made under cattons. section 6 cf the principal Act in respect of any land covered by a notification under sub-section (1) of section 4, pub- lished after the 20th day of January 196'1, shall be deemed to be invalid or ever to have become invalid on the ground that such declaration has been made after the expiry of three years from the date of publication of such notifi- cation, if the three years pe~iod aforesaid would not have expi,;-', had the period covered by any stay or injunction granted by any court, in respect of any action or prowed-

*For Statemnt of Objects and Reasons, see Tamil Nadu mwr. writ Gazette Ertrmrdm, dated the 5th July 1980, Part 1 ~ - m o o 1, pages 118-1 19.

L-J r9

Page 9: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

ing rel~~ting to scch notification, been excluded in comput- ing the said period of three years; and all such declaration^ made and acts done or proceedings taken in pursuan2e of such declarations, shall be deemed to be and to have always been validly made, done or taken in accoraance with law, as if scb$ic~ 2 ~f this Act had been in force, at all m? terial times, when such declarations were made.

Page 10: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

I

Rwl#er@d NO. M t I (Price 0.30 Pal&

I

I I

G O V E R N M E N T GAZETTE; I 1 E;<TRAORDiNAKY /;: ~ u e ~ ~ r t - t t o sr A ~ T H O R ~ T ~ J . 1

CHENhAI, T H U R S M Y , MARC^^. 20, 1997 1'~ruguni 7, 'Clr.nlBlt, Tl~i~.uv;~lltrv.lr A.t11Ju 2028

-----

Tamil Nadu Acts and Ordinances, *. '-" 11111LI,

The following Act of the l'dnnl Nadu Legishtite m b l y received tb m t of 1h0 President on the 14th' March 1997. and is hereby published for g u ~ r a l lawmat~oc : -

ACT No. 16 OF 1937.

An Act further to amrnd ihr h d AcqnWrlorl Act, 1894 It; applicorion to the Sdute of Tamil Naditc t;C;t.+-y~

Be it enacted by the Legishtive Asscnibly of the Stirte Trrn~il Ndu in tho Forty - seventh Year of the Republic of Ind~a as follows:-.

('2) It txrends to the whole of the St:rtc of Tn~nil Nadu.

(3) It shall come into force on such date as the State Uovornroz~lt may, by -aoti& cation. appolnt.

(1) in sub-section (11,-

(a) for the expression ''Whenever it appears to the appropriate Government1', the expression *'Subject to the provisions of subsection (I-A), whenever it appears to the Collector or the Commissioner of Land Administrdtion or the Government, as the case may be, " shall be substituted;

(b) the following Explanation sllall be added at the end, namely:-

(A Qiroupj I V-2 EX. f 150'-1 ( 47 1

Page 11: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

48 TAMIL NADU GOVERNMENT GAZETTE E><TRAOi{DINARY - ------- - -- - - - - - - - - - - - - - - - . ----

"Explanation.-For the purp~sc cf this sub-scclio.r, thc publication of notificiltiolt in the Omcial Gazette, thc publication of such notification in two daily ncwspi1pcr.s ant1 the giving of ptihlic noticc,-

(a) nhy prwdc cach other;

(b) shall be completed within a period of sixty days. Thc period of dxtv day& slrall be recko:le.J fro111 the Jate of publication of notiBcatio11 in the OfRcial Gazette oOtb Jate of publication of sush ~lotification in two cl4i;j L I ~ \ , jkapers 3r tka da6e of g i v b public notice, wllichevcr is eiirlier.";

1.2) after sub-sectio:~ (I). the following sub-section shall be insertef. rtamely:-

"(1-A) Thc notificntiorl u ~(lcr sub.saction (1) shall be published by-

(2) the Collector i n respect of land not exceeding tan acres In extent tho value 6; w;cccb Jc;s not e.rceed .kg; ,.; Gve Iakhs;

(b) the Cominissioner of L~c ld Aclrninistratioil in respect 01' lal~tl not exmad iny - twoirty acras in extent the value of wnich axceeda rupees fiv8 hkhs, but does nor a-d NWt% twenty Iakha; a d

to) the Governm~t in other casts,"?

I (3) in sub-section (2), for the words"Bysuch Gover~~mml", the words "by such Collcctof or Com~uiss~oner of Land Administration or Oovetnraent, as ihr: case be." &all hs nu bctttuted.9 - - c -. , .:

~duoment 3. In sctio 115-A of tha ~ r i xipa1 A;[, i'a subsection (2), for the portio?l lxgiilrtrrtr: nf *Mior, with the ~vor,ls "iq racpoct of (lirirent prmls of such Iknrl" ant1 cntlirle with tlie i -A . words ' . O J J C ~ ~ I O . ~ ~ sllall b; h~al" , tile rollodrlg ~i\i\ l l be su!18lituted, n i \m~ ly : -

"in respect ordiifere~lt parcels of such land,-

(i\ to t.tc G~vcrcl~neat.. where tne notification unl-ler mb-section (1) uf sectlon 4 Wac puhiished by t l~e Govern~neut;

(ii) to t;lc Co nmissionez of L a d Administration, w l . l~?~ the notification under sub-acctioa (1) of scction 4 was puSIirrlictl by the Co:nmissioner of Land Admu~istration or by the Collc-tor:

coabining his recorn1l1- Idations on the objections, t o g e t k with the record of the pro:ee.jlfigs ueld by him, for thedecision of the Government or the Commissioner of Lqnd ~Jministratioa. as the case, may be. Thedecision of the Government or the, Commission~r ol' thc Li~rld ~\dml~~str i t ion, as the case may He, shall be final.".

, mendmat 4. In section 6 of the pri!~ciwI Act,-, :of d o n 6.

(I) in sub-section (I),-

(a) nf'tcr the ~ v o r d ~ ":rppropriatc Government". thc WOI. (~P "or t l ~ c Commissioner of L a d A4ministr:rlion, :rs tltc c:u;c timy bc, ' ' shrrll bc inaerted ;

alter the words "to certify its ordcrs", the words "or under t hc lipnature 01.

the ommissioner of Land Administration, as the case may be," shall be inserted;

(2) in s~5-x;tion (2), the following E.xphmation &all be a d d d e t the end, namely:-

" ~ ~ ~ ~ ~ ~ . ~ t i o # . - F o r the purpJsc of this sub-section, the publication of dcclatntion in the Omcia1 Gazettc, thc publication of S U C ~ ~ dcclarajion in two daily IlCWSpRpcrN and thr giviilg of public notic2,-

(a) may precede cach other;

Q shrill be completed within a period of aixty days. Tho pcriod of sixty day1 snnll hc r~kont:d from lltc d?.te of publication'of declaration in the Official Gazette or the dnrc or pul>lic:!tion of' such dcclrrrc\Iion in two daily ncwcrpapctr or the dnta of giving public noticc wl~icl~cvcr is cnrlicr.";g

(3) in sub-scction (3), aftcr the words "nppropriate Govcrnmrnt ", the wordq talc ~l ,n l l l l iqs io :~~r or Lnnd A<lministrntion, ns thc cnce may bc." shall ho iluertcd,

Page 12: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

TA MIL NADU GO\'ERNi!IENT GAZETTE EXTRAORDlNARY -

3. la S~C:IOII 7 of tho principal Act, for I hc words"by the approprratr: Government hsndrnot~t in this Dchrif", the ~ 3 r d ~ *'by the ~ p p r o p r m t ~ Covrrnaient in this b:htb bf the Torn- j*ltf&j l 111 missioner of Land Ad~ninistl-ntion, a% the case 11,:ly bc." ~ 1 l i : I l be rub-ri;trrtd.

6. Aftcr section 16 of t l ~ c principnl Ac:, llle Following sections ahdll be inserted, Lasertion of namcly :-- now s ~ ~ t i o m

16-A and' 16-I%

" 1 6-A. Restriction on tr~tir.$?r, cbtc..-(1) No person or authority (orner [idin thc Govcr:i:ncnt?, for whom ;:ny Iit~id is ;:cqxircd under fhis Act for aay pblicpurposc a3 r c f ~ r r ~ ~ l t (> in ~ub-vcction(1) orscclion 4, sh:rll tr:inJcr tllc scid ]pond or any pArt thereof ljy iywzy of sale, mortgngc, g~l't, Izuae or othcrwisc cxcept with the prcvioiis sanction of the Oovcrnment.

(2) WHtrd it is noticcd or any information has bcen received that ahy lahd his been transferred in contravention of sub-section (I), the Government may, by dn order, doclare the transfer to be null and void, and on such declaratiori, the land $hall, ac penalty, bo forfeited to, aad vest in, the Government in Revenue Dcpartmont free from

% I eU rnoumbrancaa : Ptovidea that no orher wider this sub-sdction, shall be hide unte&d k@h @

authority has had a reasonable opportunity of belrlg Head.

16-B. l and to bc forfeitcd ln certain cases.-Where the Government are satisfied &t the land acquired under this Act for an;! public prpoSd as tcferrcd to in % \ ;

sub-section (I) of section 4 is not used for the p-lrpose tor which it was acquiitd, th* mny, by all orilcr, 1i)rfcit tlic land as pcnnlty anr! the land s h ~ l l vest in the CfovtrnmCnt in Rcvonue Drpsrtmcnt free from all encumhrnnces:

Provided that no ordet under this section, shall be made unlesdtl~t person of autho- tirly agy~icved has had a reasonable opportunity of being hca~d.".

7. Tn section 18 of the principal Act,-

(1) in sub-sectiotl (2), l'or thc words "The npplication shall ststc the grounds oY drliich objection to the award is taken", thc following shall be substttutcd, namcly; -

"Tllc npplic:\tion slur11 st:rfc- (n ) the grounds on which the objection to tne award is taken i and (h) i f i t rclntcs to thc cnhnncement of compcnoation, the exact amount required to

be enl~nncccl:" ;

(2) nftcr sub-section(?), the following sub-section sl~nll be sdbstitiited, narnelyr-

(3) Notwi1hsl:mtling :rnytlling cotltnincd in this Act or in the Code of Civil k o c s durc, 1908 (Ccntral Act V ol 1308), or ill any other law for the time being in force or in any contr,rct, t ltc appli~~rnt chnll, if such application relates to the am0uhY of compcnsatio:~ atid ;f the 2,-,u: i t :?" i c not 1 ~ l d e for the Golrctnmknt, implead the genton or authority, as the case may be, fot whom the acquisitiorl is made, a s a party in such application.".

8. In section 19 of the principal Act, in sub-section (1 j, after clause @), the Amendmem following clause shc 11 he inserted, nalmely:- OfMmtisn 1%

' .I ,,. "ut "(bb) thc nnmeofthcpersonorauthoritytobcimplendednsapa.rtyinfhb~r~med-

fnga of the coirrt whore thc ucquiaition is not made for the Government;".

9, After section 23 of tho ptineipnl Acf, Chb fbIloWirlg . sw(ion rhatl bs inscttsd; InwHion namely:- of new

sacticw, 234.

"23-A. ftc~srrfclion on #lthdrawtzl of untdunY.--The snlolrnt -of T c o m@nsatfon awarded by any Court under this Act shall be dcpositcd' in that Couct and. the Qourt shaIl not allow the person interested to withdraw such amourlt t i l l the finaldisposal of the 11rrtter in thls regard in the highest for-m :

provided that i f lhc Court considers that it is absolutely necessary to allow $8 . penon inlereqfcd to wilhdmw the amount of compcnsp.tion, the Court may allow hlm . .. $6 Lutirhdraw only the amount awarded by the Collector.

- 9 . dlCnddi.--Ft~t the pifrpasf of thin section, "Court" includes the "tfluh,Coufiw. . ,, ,,

Page 13: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

50 TAMIL NADU GOVERNMENT G A Z E l l fi EXTRAC)RDINARY -c _ . _ _. ___ ____I. -- - + - - - . .- - - - -

10, For & ~ ~ t i ~ l l 25 ~f tllc pl. i~bc;j~,~.l A ~ I , t i ' t t l l ~ t v i ~ t ~ ; \kh* 1 i t i t t * , .,II.L\I !)c L ~ I L ~ ) ,I I ~ L L I C ~ , (Fob . I 25, Amowl of con~,~r,uu~rolr r;,crclrJc d by ~, , l t r r . - 'I l:e ;~nlourlt ot. con~l:onsat~on

awnrdtrJ b) tllc Court sl~ul] 110 Lo Icss ~ I I ; L I I II*c a1tlo1!11t awitltlc'tl by 111~: ( 'olle~tor , r under section 11 and shall not b, nlore than Il~c ,1111ouut clai111crc1 by t l ~ e } )c r so~~

intelostcd.

2 5 4 . P ~ , v ~ ~ ~ j p) ralrufict~d cuslpi~,~.su fiUtt i t C L ~ I L u o1st2r.- Nutwitl~rtitn(l iag anything contJncct in this Act or i l l i~ny other taw for tho tintc hcir~g in torcu or any cnntract. in cases wl cretllc acquisition is iiot made tor lllu Govern~rlelJ und

I tho compcascltion awardd under swti011 25 or sc~t ion 28-A or section 54, is in: cxess ot tl~e m o u n t irwurdut by rho Collwtor u~ldcr section 11 , the excess amount ro awarded ~ncluding tbc intcrast, i f any, payablo u ~ ~ d e r soction 28, shall be paid by F.r: per-or, or autllor~ty lor w11oa1 +he acquisition is mule. ".

n~endmotrt 11. I n swtioa 28-A of the plincipnl Act, in rub-soction ( l ) , atkr the words "the i. section porsorls intorestat in all the olllcr hnJ ", tllu wortls " wl~iclt is sirniliu i,) all rbsp~ ts &A. and merits and is " ahdl be i~)surtLXI.

NL 12. Socclon 34-A 01 the principal Acr $hall be rc~i t :nthral i l r , st~b-.,ection'? (I) mend mOnC -

t m i o n ot that s e c t i ~ n and d'tcr submction (1) as so r~nu~alwrut l . tlw tollowing yub-section - &A. shaU be insurted, namelj :-

" (2) Where it is n o t i d or any intormation has been received that any l i d has k e n transterrcd in contravention ot $ub-wction (I), tha Govertrment may, by order, declare th,: t r i t~~ster tc, be lull anc4 w i r l anct on sucb , decllui~tion, ttlc lunci shii/l. as pnalty, be torl'cite.! to. anti vcst in, tha Government in Rckcnuc Departclent tree troll1 all r n c u ~ ~ ~ ~ b r i i ~ ~ c c s :

Provided that no order under this sub-section shall be made urlless tile company has had a reasonable opportunity of &ifig heard.".

Inmion of 13. Aftw section 48-A ol tile p i n c i p l Aot. the t;)llowiny scctiot~ \I1i11I b new m f o n iuserted, nameiy :- 48-B.

"48-B. Transjer oj land to original owner irk ccrtcrin cues.-Where thr: Govcrnmcnt are sutisEed that the land heat in the Government under this Act is not required for the

' purpose for which it was acquired, or for any other public purpose, the Go\ernment may

trwldar SOL% lnnd to tile origirrul owrlcr who iu willing to repity ~hw un1ou111 paid to him undor this Act for tho ucquiailion of such land i1~~111rivo of the ua~outrt ~cfcrrcd to In rub-aectionr ( 1 4 ) and (2) Qf rection 23, if any, prid under (hi8 Act. ".

h 0 1 1 , a* 14, After action 54 of the principal Act, the bllowirlg section shall be inserted, m mb 5 4 4 , namely :-

" 54-A. Service oj notice by High Court.-Notwithstanding anything contniued in tho trbe Q Orir hxdurr. 1908 ( r h f d kt V of 1908). tk Court before which an ~ m a s e i i r r r ~ ~ ~ . ~ J p V r . ~ L ~ . l D i ? i l t t 0 ~ aucb rw will procted m im~ thc case rPd t t e rppr-ze s e a dur; bn tbac aay, to ba served on tbe person or authority also, other than t& Governmat, for ~ b m th .c~Utitioo L madn *.

(By order of tho Governor) F- '

A. K. RAIAN, Secretary lo Gnvernnrmt. Law D U # O I ~ V ~ - ..--- -

PRWTEb AND PUBLTSHED RY THE DIReCIY)R OF mATIONERY AND PRPFIINO, CHENNN c ON BBl3N.F OF THE OOWRNbfJ3NT OF TAMIL NADU.

- -

Page 14: The Land Acquisition (Tamil Nadu Amendment) Act, 1948 … Acquisition/state/1948TN21.pdf · 1 1961 : T.N. Act 231 Land Acquisition (Tamil Nadu 667 Amendment) 3. Where any land is

a

r - - -. - - - -. - -- -- - - - - -- - ---- --- u- 0 -- -

G O V L ~ P ~ ~ O - ~ J I OF TAMaqADU [Fkgcstered No M-1 , 1999 I 1 Price : 15 Pais[-

---I-- --

TAMIL NADU GOVERNMENT GAZETTE I EXTRAORDINARY PlleUStiED BY ~ u T t t 0 R l n '

I No. 921) CHENNAI, WEDNESDAY, DECEMBER 8, 1999

Karthigai 22, Pramathi. Th~uv~l luvar Aandu- 2030

+' ' Part IV - Section 2 ') Tamit Nadu Acts and Ordinances.;

-w \*-* *

The fo Dowing Act of thcTarni1 Nadu Legislative Assem hlyrcce~ved the assent of the President ontho3rd Dcctmber 1999 and is bereby published for general information:,

Am Nu. 43 0 F 1999.

An Act firthe6 to amend )he LandA cquisitfon Act, 1894, in ie application lo lire State of Tam tl Nadu.

BB it enacted by the Legislative Assembly of the State of '1 amil Nadu in the ~ ~ f t i c t h YeW of the Reputlic of India as follows,:-

1. (1) Thls Act may be called the Land Acquisition (Tsmil Nadu Amendment) Act, Short &. , 1999. ? exteb8 and

CommeaQb (2) It extends to the whole of the State of Tamii Nadu. men1.

(3) It shall come into force on such date as the State Govcrnnnent may, t y . notification, appoint.

' ~ r a l ~ c t 2. In the Land Acquisition Act, 1894, .n secticn A, in zch-~ectic n(l -A), for clauses Amendm t 1 of 1894. (a) and (t), the following clauses shall k, substituted, namely;- of8onion $ . .. . ..

$'(a) the Collectcr inrespect ofland not ex&ingfortyacres inextent the value .

of which does not exceed rupees twenty-fivc lakhs ; -.

(b) the Commissionar of Land Adminisuaticninrespcct of land not exceding seventy-five acres in extent the value of which exceeds rupebs twenty-five lakhs, out does not exceed rupcus ijfly la khs; and".

(By ~ r d e r of the Governor) K. PAR? HASARA5 BY,

,<e 1. re to r:l' to GOVP rt*n?( nr. L i t % Dt Pt. t l r ~ . ~ ~ . t ,

1 . . I*I(IN I I I ) i ~ ~ 1 4 H ~ D BY TllL DIRECTOR Or STATIONERY AND PR!NTINQ. cM-~ 4 > - '---- -

. *&.I- - . W QUIALF OF TlIE GQVeRNMlibFT OF TAMIL hMDV.

-- - . -

3 .- A -..~rh.c--L --A, -... -- AY- 4: :hr* .d%:rl.*rr 4- -,... *. . - - . . . . ., , . ... -- e . A~..n.~hqM (,\ uroup) IV-2 EX. (92:)-1 ( 219 1


Recommended