Tamil nadu act 020 of 1975 : Tamil Nadu Land Encroachment (Amendment) Act, 1975

Preamble

Tamil Nadu Land Encroachment (Amendment) Act, 1975*

[Tamil Nadu Act No. 20 of 1975]*[8th July, 1975]

An Act further to amend the Tamil Nadu Land Encroachment Act, 1905.

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows:-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 8th March, 1975, Part IV - Section 1, Pages 59-60.

* Received the assent of the President on the 2nd July, 1975, first published in the Tamil Nadu Government Gazette Extraordinary, on the 8th July, 1975 (Aani 24, Iratchasa (2006 - Tiruvalluvar Aandu

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Land Encroachment (Amendment) Act, 1975.

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

Section 2. Amendment of section 7, Tamil Nadu Act III of 1905

2. Amendment of section 7, Tamil Nadu Act III of 1905.- In section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) (hereinafter referred to as the principal Act),-

(i) in the opening paragraph, for the words "any officer of the Highways Department not below the rank of a Section Officer and not being an authorised officer", the words and brackets "any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the ‘specified officer’)" shall be substituted;

(ii) in the second proviso,-

(a) for the words "any officer of the Highways Department not below the rank of a Section Officer and not being an authorised officer", the words "any specified officer" shall be substituted;

(b) for the words "or Deputy Tahsildar having jurisdiction", in the two places where they occur, the words "Deputy Tahsildar or authorised officer having jurisdiction, as the case may be" shall be substituted.

Section 3. Amendment of section 10, Tamil Nadu Act III of 1905

3. Amendment of section 10, Tamil Nadu Act III of 1905.- In section 10 of the principal Act,-

(i) in clause (a), the words "or an authorised officer" shall be omitted;

(ii) after clause (a), the following clause shall be inserted, namely:-

"(aa) to such officer is may be specified by the State Government in this behalf (hereinafter referred to as the appellate authority) from any decision or order passed by an authorised officer under this Act and different appellate authorities may be specified for different classes of cases; and".

Section 4. Amendment of section 10-A, Tamil Nadu Act in of 1905

4. Amendment of section 10-A, Tamil Nadu Act in of 1905.- In sub-section (1) of section 10-A of the principal Act,-

(i) in clause (a), the words "an authorised officer or" shall be omitted;

(ii) in clause (b), the words "other than the appellate authority" shall be added at the end;

(iii) in clause (c), for the words "by the Board of Revenue", the words "by the appellate authority or the *Board of Revenue" shall be substituted.

* By virtue of section 10(1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980), any reference to the Board of Revenue shall be deemed to be a reference to the State Government.

Section 5. Amendment of section 10-B, Tamil Nadu Act III of 1905

5. Amendment of section 10-B, Tamil Nadu Act III of 1905.- In section 10-B of the principal Act, after the words "the District Collector", the words "the appellate authority" shall be inserted.