Tamil nadu act 041 of 1956 : Tamil Nadu District Collectors' Powers (Delegation) Act, 1956

Preamble

[1[Tamil Nadu] District Collectors' Powers (Delegation) Act, 1956]*

1[Tamil Nadu Act No. 41 of 1956]2[27th February, 1957]

An Act to provide for the delegation of the powers of District Collectors to 3[Other Officers of the Revenue Department not below the rank of Deputy Collector] in me 4[State of Tamil Nadu].

Whereas it is expedient to provide for the delegation of the powers of District Collectors to 3[Other Officers of the Revenue Department not below the rank of Deputy Collector] in the 4[State of Tamil Nadu];

Be it enacted in the Seventh year of the Republic of India as follows:-

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, Part IV-A, dated the 31st October, 1956, page 222.

This Act was extended to the added territories by section 3 of, and the First Schedule to, the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962), repealing the corresponding law in force in those territories.

3 These words were substituted for the words "their Personal Assistants" by section 2 of the Tamil Nadu District Collectors' Powers (Delegation) Amendment Act, 1960 (Tamil Nadu Act 7 of 1960).

4 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 19th February, 1957; first published in the Fort St. George Gazette on the 21th February, 1957)

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the 1[Tamil Nadu] District Collectors' Powers (Delegation) Act, 1956.

*(2) It shall come into force on such date as the State Government may, by notification, appoint.

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.

* Came into force on the 1st June, 1957.

Section 2. Definition

5[2. Definition.- In this Act, unless the context otherwise requires, "law" means any enactment, Ordinance, Proclamation, regulation, order, by-law, rule or other instrument relating to a matter enumerated in List II or List III in the Seventh Schedule to the Constitution and having in, any part of the 1[State of Tamil Nadu] the force of law.]

5 This section was substituted for the original section by senior 3 of the Tamil Nadu ???.

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.

Section 3. Delegation of Powers of District Collector

2[3. Delegation of Powers of District Collector.- The State Government may, by notification, authorize any officer of the Revenue Department not below the rank of Deputy Collector to exercise all or any of the powers vested by or under any law in the District Collector and may, in like manner, withdraw such authorization:

Provided that no authorization under this section shall prevent the District Collector from exercising, in such cases as he deems fit, all or any of the powers exercisable by any other officer by virtue of the authorization aforesaid:

Provided further that where in respect of any case, the District Collector exercises his powers, the officer authorized under this section shall not exercise his powers in respect of the same case.]

2 This section was substituted for the original section by section 4 of the Tamil Nadu District Collectors' Powers (Delegation) Amendment Act, 1960 (Tamil Nadu Act 7 of 1960).

Section 4. Appeals and revision

4. Appeals and revision 3[].- Any order of 4[the Officer of the Revenue Department] acting in exercise of the powers authorized under section 3 shall be subject to such appeal or revision under the relevant provision of the 5[law] as if it were an order of the District Collector.

3 The words "against orders of Personal Assistants" were omitted by Section 5(1), ibid.

4 These words were substituted for the wards "the Personal Assistant" by section 5(2) ibid.

5 This word was substituted for the words "Madras law" by section 5(3) ibid.

Section 5. Notifications to be placed before the Legislature

6[5. Notifications to be placed before the Legislature.- All notifications issued under section 3 shall, as soon as possible after they are issued, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.]

6 This section was substituted for the original section by section ibid.

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