Land Acquisition (1[Tamil Nadu] Amendment) Act, 1961*
| 1[Tamil Nadu Act No. 23 of 1961]2 | [5th July, 1961] |
An Act further to amend the Land Acquisition Act, 1894, in its application to the 3[State of Tamil Nadu].
Whereas it is expedient further to amend the Land Acquisition Act, 1894 (Ceneral Act I of 1894), in its application to the 3[State of Tamil Nadu];
Be it ??? in the Twelfth Year of the Republic of India as follow:-
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.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 23rd February, 1961, Part IV-section 3, pages 40-41.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Received the assent of the President on the 22nd June, 1961, first published in the Fort St. George Gazette on the 5th July, 1961 Asadha 14, 1883
1. Short title, extent and commencement.- (1) This Act may be called the Land Acquisition (1[Tamil Nadu] Amendment) Act, 1961.
(2) It extends to the whole of the 3[State of Tamil Nadu].
(3) It shall come into force on such date as the State Government may, by notification, appoint; and different dates may be appointed for different areas.
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.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. Definition.- In this Act, unless the context otherwise requires "housing scheme" means any State Government scheme the purpose of which is increasing house accommodation and includes any scheme by a local authority, company or body corporate for such purpose undertaken with the previous sanction of the State Government.
3. Sections 23 and 24 of Central Act I of 1894 to apply with certain modification, in respect of acquisition of lands for housing schemes.- Where any land is acquired for the execution of any housing scheme, the Land Acquisition? Act, 1894 (Central Act I of 1894), as in force in the 1[State of Tamil Nadu], shall apply subject to the following modifications, namely:'
(1) In section 23 of the said Act,-
(a) in sub-section (1),
(i) for clause first, the following clause shall be substituted, namely:-
"first, the market value of the land at the date of the publication of the notification under section 4, sub-section (1), or an amount equal to the average market value of the land during the five years immediately preceding such date, whichever is less;"
(ii) in clause fifthly, the word "and" occurring at the end shall be omitted;
(iii) in clause sixthly, the word "and" shall be added at the end; and
(iv) after clause sixthly, the following clause shall be added, namely:-
"seventhly, the use to which the land was put at the date of the publication of the notification under section 4, sub-section (1).";
(b) in sub-section (2), for the words "fifteen per centum", the words "five per centum" shall be substituted.
(2) In section 24 of the said Act,-
(i) in clause sixthly, the word "or" occurring at the fend shall be omitted;
(ii) in clause seventhly, the word "or" shall be added at the end; and
(iii) 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 the land was put at the date of the publication of the notification under section 4, sub-section (1)."
1 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
4. Application of the Act to pending cases of acquisition.- The provisions of section 3 shall apply also to every case in which proceeding have been started before the commencement of this Act for the acquisition of any land for the execution of any housing schemes, provided that no award has been made by the Collector under section 11 of the Land Acquisition Act, 1894 (Central Act I of 1894), before such commencement.
5. Saving of other laws.- Save as otherwise provided in this Act, 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.