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 Tamil Nadu Land Encroachment Act, 1905
Act 3 of 1905
Keyword(s):
Checking Un-authorized Occupation, Government Land
Amendments appended: 26 of 1965, 20 of 1975, 1 of 1996
1
Land Encroachmen . [I905 : T.N. Act I11
l[TAP;IILt NADU] ACT NO. I11 O F 19052. [THE ~[TAIIIL NADU] LAND ENCROACH~IIENT Am,
19051.
(Received the assent of the Governor on the 19th April 1905, and that of the Governor-General on the 22nd May 1905; the assent of the Governor-General was first
published in the Fort. St. George Gazette on the 6th June 1905.)
An Act to provide measures for checking un- authorized occupation of lands which are
"thk property of Government]. - -
Preamble. WHEREAS it has been the practice to check the unauthorized occupation of lands which are "the pro- perty of Government] by the imposition of penal or prohibitory assessment or charge, and whereas doubts haye arisen as to how far such practice is authorized by
1 These words were substituted for the word "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, aa amended by the
Tamil Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969, whioh came into foroe on the 14th January 1969. For Statement of Objects and Reasone, see Port St. George G&s,
Part N, dated the 23rd December 1904, page 696, for Report of the Select Committee, see ibid,dated the 27th Febmery 1906, pa@ 45; for Proceedings in Counoil, see ibid. dated the 28th February 1906, page 75 and dbid, dated the 18th April 1906, page 206. This Aot was extended to the merged Stste of Pudulckottd by seotion 3 of, and the Birst Schedule to, the Tamil Nadu Merged States (Laws) Aot, 1949 (Tamil Nadu Aot XXXV of 1949).
Thia Aot was extended to the Ksnyakumaridietriot ard the she; fb0tt8h tduk of the !i'hnelwli distriot by seotion 4 of, and the Second Sohedule to, the Tami!. Nadu (Transferred Territory) Erten-
eion of Laws Act, 1960 (Tam11 Nadu Aot 23 of 1960) repealing the corresponding law in that territory.
This kot was extended to the added territories by seotion 12 of tho Tamil Nadu Land Enoroechment ( h n d m e n t ) Aot, * 1966 (Tamil Nadu Act 26 of 1986) repealing the oorresponding law in those territories.
3 The words "Crown propert?:' were substituted for the word,
"the property of Government by the Adaptation Ordm of 1937 and the words "the'proparty of aovenunent" were substituted for
"9Crownproperty" by tho Adaptation (Amendment) Orderof 1960
2
1904 I T.N. Act If11 Land Encroachment 617
law and it is expedient to make statutory provision . for checking such occupation; It is hereby enacted as , follows :-
/
1. This Act may be cited as "The lrJCami1 Nadu] Short title and extent. Land Encroachment Act, 1905." It extends to the
whole of the 2[State of Tamil Nadu].
'[I-A. In this Act, unless the context otherwise re- Definition. quires, the expression ' ' transferred territory " mean8 the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.]
2. (1) All public roads, streets, lanes and paths, Right of pro-
~ e r t Y in the bridges, ditches, dikes and fences, on or beside publicroade, the same, the bed of the sea and of harbours and creeks cia. waters and below high water mark, and of rivers, streams, nalas, lan& lakes and tanks, and 4[all back waters, canals and
water-courses] and all standing and flowing water,
and al! lands, wherever situated, save ill so far as the same are the property-
(a) of any zamindar, poligar, -mittadar , shrotrienlclar or inamdar or any persoil claiming through or holding under any of them, or
(b ) of any person paying shist, knttubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or
(c) of any person holding under ryotwari tenuru, s[including that of a janmi in the Gudalur taluk of the
"l'hese words were substituted for the word 6 G Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nedu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
2 This expression was substituted for the expt.ession "Presidency of Madres" by the Tamil Nadu Adaptation of Laws Order, 1970, whioh was deemed to have come into force on the 14th January
1969.
8 This eeotion waa inserted by section 4 of, and the Second Sche- dule to, the Tamil Nadu (Transferred Territory) Extension of Ltmr
Act, 1960 (Tamil Nadu Act 23 of 1960.)
These words were substituted for the words "all canals and
water-courses" by ibid.
6 These words were substituted for the words "including that of e janmi in Malebar, or of a wargdar in South Kanare" by tho Madras Adaptation of Laws Order, 1957.
3
Land Encroachment 11905 : T.N. Aot 111
Nilgiris district] liarid in tne transferred territory] or in any way subject to the payment of land-revenue direot to Government, or
(d) of any other registered holder of land in proprietory right, or
(e) of any other person holding land under grant from '[the Government] otherwise than by way of liaence,
and, as to lands, save also in so fa.r as they are temple site or owned as house-site or baokyard, axe and axe hereby declared to be '[the property of Government] exoept as may be otherwise provided by m y law for the time being in force, subject Jways to all rights of way and other publio rights and to the natural and easement rights of other land-owners, and to all customary rights legally subsisting.
(2) All public roads and streets vested in any , local authority shall, for the purposes of this Act, be. deemed t o be "the property of Government]. Explana.tiorc.-In this section "high water mark"
means the highest point reaohed by ordinary spring- tides a t any season of the year.
LBv 3. '[Any person who shall unauthorizedly omugy ulseasment
on rends un. in any area other than the transferred territory any m-edb laad] whieh is '[the property of Government], shaU be oooopied. li&ble to pay by way of assessment-
1 These words were inserted by seotion 4 of, and the Sooond Sohedule to, the Tamil Nadu (Trfbn6femd Territory) E x h i o n
of Laws Aot, 1060 (Tamil Nadu Aot 23 of 1060).
2 The words "the Crown1' were substituted for the word "Uov- ernmentiby the Adaptation Order of 1937 and the word 'aOovern- ment" Was suhtituted for "Crown" by the Adaptation Order of 1950.
The words "Crown property" were substituted for the worde
"the pr4,perty of Government" by the Adaptation Order of 1937
end the word8 "the property of Government ' were substituted for
"Crown property" by the Adaptation (Amendment) Order of 1950.
3 These words were substituted for the words "Any person who shsll uneuthorizedly ocoupy sny land" by seetion 4 of the Seo& * Schedule to, the Tamil Nadu Trandend Territory) Ertedop of L o
1
awcr Act, 1960 (Tamil Nadu t 23 of IoW).
4
1905: T.N. Act III] Land Encroachment
(i) if the land so occupied forms an assessed survey number or past thereof, the fill1 asessment of such number for the whole period of his occupation or a past thereof proportionah to t-he area occupied, a8 the case may be, provided that, for special reason%, the Collector '[or subject to his control, the Tahsildar or Deputy Tahsildar] may impose the full assessment of suoh number or any lesser sum irrespective of the a~ea occupied ;
(ii) if the land so occupied be unwossed, an assessment on the area oooupied caloulated for the stme period at the mte imposed on lands of a similar ;uality in the neighbourhood, or a t the highest dry wet rate of the village, as the case may be, or when no such rates exist in such m m b r as may be prescribed in rules or orders under section8 :
Provided that payment of asseesmant under this section shall not confer any right of occupancy. - Explanation.-For the purposes of this section occupation for tin incomplete portion of a fasli may be deemed to be occupation for a whole fasli.
Levy of assem '[3-A. Any person who shall unauthorizedly ment on l enb
occupy in the transferred territory any land which unauthorizedly occupied in the is the property of Government ahall be liable to' pay ransferred
by way of assessment,- territory.
(a) if the land so occupied forms an assessed survey number or part thereof, such assessment for the whole period of his occupation, as may be
imposed by the Collector or subject to his control, by the Tahsildar or Deputy Ttlhkildar, in accordance with such rate as may be prescribed;
(b) if the land so occupied be unassessed, such prohibitory rtssessment for the whole period of his
I These words were inserted by Tamil Nadu Act VIII of 191 4, aeotion 2.
2 This section, was inserted br section 4 of, pnd the Second Sohedule to, the Tamil Nadu (Transferred Territory) Extensio 3f Lawe h t , 1960 (Tamil Nadu Aot 23 of 1960).
5
Conclusive- ness of
decision as to amount of assessment. Liability of person un-
a~thorizedly occupying land to
penalty
after notice. Lad Encroachment [I905 : T.N. Ao I 1
occ~pation, as may be imposed by the Collector or subject to his control, by the Tahsildar or Deputy Tahsildar:
Provided that payment of assessment or prohibitory assessment under this section shall not confer any right of occupancy.
Exp1mation.-For the purposes of this section, ocoupatioa for an incomplete portion of a fasli may be deemed to be occupation for a whole fasli.]
4. The I[* ] decision as to the rate or amount of assessment payable under seotion 3 2[or section 3-A]
shall be recorded in writing and shall not be questioned in any civil COUTC.
5. '[Any person in any area other t'hap the transferred territory liable to pay assessment under section 31 shall also be liable at the discretioil of the Collector, 4[or subject to his control, the Tahsildar or Deputy Tahsildar] to pay in addition by way of penalty-
(i) if the land be assessed land, a sun1 not exceeding five rupees or, .when ten times the assess- ment payable for one year under seotion 3 exceeds five rupees, a sum not exceeding ten times suoh assessment, provided tllat no' penalty shall ordinarily be imposed in respect of the unauthorized occupation of suoh land for any period not exceeding one year ;
(ii) if the land be unassessed, a sum not exceed- ing ten rupees, or when twenty times the assessment payable for one year under section 3 excectls ten rupees, a sum not exceeding twenty times snoh assessment. . --
1 The word " Collector's " was omitted by Tamil Sotlii Act VI I I of 1914, section 2.
2 These words, figure and letter were inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Terri- tory) Extension of L&ws Act, 1960 (Tamil Nadu Act 23.of 1960).
3 These words were substituted for the.words and?$pre '
4 These mordv were inserted by Tamil Nadu Act VIII of # seotion 2.
6
605 : T.N. Act m] Land Encrcachment 621 l[5-A. Any person in the transferred territory Liability of liable to pay assessment under section 3-A shall g;zjy unautho- occup- also be liable a t the discretion of the Collector or ying land subject to his control, the Tahsildar or Deputypenalty after Tahsildar, to pay i s addition by way of penelby, g'$errs fPe whether the d or unassessed, a sum territory.
not exceeding #$?$ R?,F:g&Pees.]
3[5-B. Before taking proceedings under section Notire before 6 or section 6-A, the Collector, or Tahsildar or proceeding under section 5 Deputy Tahsildar or Revenue Inspector, shall cause or ,e,,ion 5-A.
to be served in the manner provided in section 7 on the person reputed to be in unauthorized occupa- tion of land being the property of Government, a notice specifying the land so occupied and calling on him to show oause before a, certain date whp he should not be proceeded against under sectio~ 5 or section 6-A :
Provided that where the notice under this sectiot is caused to be served by the Revenue Inspector he shall require the person reputed to be in uii authorized occupation of the land to show cause against such notice to the Tahsildar or Deputy Tahsildar having jurisdiction and shall dso nlake a report in writing containing such particulars as may be specified in rules or orders made under seotion 8 to the Tahsildar or Deputy Tahsildar having iurisdiction.]
Liability
8. (1) Any person unauthorizedly occupying any unp . land for which he is liable to pay assessment under thorizedly section 3 '[or section 3 6 1 may be summarily evicted ~ ~ ~ y ~ $ ~ ~ ~ by the Collector, 4[0r subject to his control, by the cvictio~~,
1 This section was inserted by seatior. 4 of. and the Second Schedule to, the Tamil Nadu (Transferred Torritory) Extension of Lews Act. 1900 (Tamil Nadu Act 23 of 1 C 60).
a Thia seotion wae inserted by section 2 of the Tamil Nedu
Land Enoroachrnent (Amendment) Act, 1965 (Tamil Naclu Act
26 of 1966),
3 These words, figure and letter were inserted by seution 4 of,
and the Second Sohedule to, the Tamil Naclu (Tnmsferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of
1 QM\. ----.-
4 These words were inserted by section 3 of the Tamil Neda Lend Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26
986.)
7
622 Land Epw:roachmend [I905 : T.N. Aet UI t o r f s i t ~ Tahsildar or Deputy ~ahsildar or any other of6oer
orop8,etc. authorized by the State Government in this behalf (hereinafter referred to as the ' authorized officer ')I, a d any orop or other produot raised on the land shall be liable to forfeiture and any building or other construction erected or mything deposit.?. thereon shall also, if not removed by him after such written notioe as the Collector l[or subjeot to his oontrol, the Tahsildar or Deputy Tahsildar or authorized officer] may deem reasonable, be liable to forfeiture. Forfeitures u d e r this seotion shall be adjudged by the Colleotor l[or subject to his control by the Tahsildar or Deputy Tahsildar or authorized offioer] and any property so forfeited shall be disposed of as the Collector ;[or subjeot to his contro1,the Tahsildar or Deputy Tahsildar or authorized offioer] may direct.
(2) An eviction under this section shall be made
~ o d e i of evic. in the following manner, namely:-By serving a
tion. notice in the m m e r provided in section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector '[or the Tahsildar or Deputy Tahsildar or the authorized officer] may deem reasonable after receipt of the said notice to vacate the land, and, if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any auch person shall be resisted or obstructed by any
person, the Colleotor '[or the Tahsildar or Deputy Tahsilder or authorized offioer] shall hold a summary rnquiry into the faots of the oase, and if satisfied that the resistanoe or obstruction was without any
just cause and that such resistance or obbtruction still continues, may issue a warrant for the meat of the said person and on his appearance oommit him to olose oustody in the offiae of the Collector "or of any Tahaildar or Deputy Tahsildar or author id -
Theae words were inserted by section 3 of tho Tunil Nadu Land Enoroeohment (Amendment) Aot. 1966 ( T d Nadu Ad
26 of 1965). a These wordp wem crubebituted for the words "or of an3' Tah- .
silbr or Deputy Thasild" er by &id.
8
1905 : T.N. Act HI] L a d Encroachment
-
623
I
- officer] for such period not exceeding 30 days as . i
may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprison- ment in the civil jail of the district for the like period :
Provided that no person so committed or impriso- ned under this section shall be liable to be prosecuted ntral Act under sections 183, 186 or 188 of the Indian Penal r,v Code in respect of the same facts. -
10.
l[(3) Any authorized officer taking proceedings under this section shall make a report in writing containing such particulars as may be speoified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar having jurisdiction.]
7. Before taking proceedings 2[under section 61 Prior nolice to the Collector '[or Tahsildar, qor Deputy Tahsildar or in occu Revenue Inspector or any authorized officer or any officer of the Highways Department not below the rank of a Section Officer and not being an authorized officer) as the case may be] shall cause to be served on the person reputed to be in unauthorized occupa- tion of land being s[the property of Government] a notice specifying the land so oocupied and calling on him to show cause before a certain date why he should not be proceeded against 2[under section 61.
-
1 This subaction was added by section 3 of the Tamil Nadu Land Enoromhment (Amendment) Act, 19M (Tamil Nadu Act
26 of 1966).
a Theee wordn and ilgum were aubstituted by section 4 of the Tamil Nadu Land Enoroaohment (Amendment) Aot, 1966 (Tamil Nadu Aot 26 of 1966) for the w o e , 6gure and letter "undez motion 6, seetion 6-A or eeotion 6 which were substituted for the words end figures "under section 6 or seotion 6" by section 40f. and the Seoond 8ohedt.de to, the Tamil Nadu (Transferred Territory) Extenaion of Laws Act, 1960 (Tamil Nadu Act 23 of 1960). aThe,,words "or Tabsildar, or Deputy Tahaildar, as the case
may be were ineerted by the Tamil Nadu Act VIII of 1914, seotion
2.
6 The= words were aubstituted for the words "or Deputy Tabsildar " by section 4 of the Tamil Nadu Land E n c r o h e n t (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1966).
5 The words "Crown propertx " were aubatituted for the words
the property of Qovernment by the AdeptsFon Order of 1937
uid the words "the p r p r t y of Government were aubstituted
fa Crown property by the Adaptation (Amendment) Onlsa
of 1960.
9
624 Land Encroachment [I905 : T.N. Act I11
Such notice shall be served in the manner prescribed i11 section 25 of the l[Tamil Nadu ] Revenue Recovery Act, 1864, or in such other manner as the 11 of 18f S[State Government] by rules or orders under wction 8 may direct :
3[Provided that no suck notice shall bo iieccssary in the case of any person unauthorizedly occupying any land, if he has been previously evicted from - such land under section 6 or if he has previously vacated such land voluntarily after the receipt of
a notice under section 5-B or under this section :
Provided further that where the notice under this sectiozi is caused to be served by any Revenue Inspector or any oficer of the Highways Department not below the rank of a Section Officer and not being an authorized officer, he shall require the person reputed to be in unauthorized occupation of the land to show cause against such notice to the Collector, Tahsildar or Doputy TahsilcZar having jurisdictioa and shall also make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildw or Deputy Ttthsildar having jurisdiction .] power to make
rules. 8. 4[(1)] The 2[State Government] may make
.rules or ordors either generally or in any particular instance-
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, which oame into force on the 14th January 1969.
2 Tho w j l d ~ '' prov~ncial Government " were substitnt~ il for tho wordr "Local Government " b y the r!tltrpt,nt.on Ord(~1,. 1937 and the word " Stato " was substituted for '< provincial " by tho Adaptahon Order of 1960.
V h e s e provlsos were added by sectlon 4 of the Tamil Nadu
4 Laud Enaroachment (Amendment) Aot, 1965 (Tamil Nado Act 26 of 1966).
4 The originel section 8 was renumbered as sub-section (1) of that section by section 5, ibid.
10
1905 : T.N. Act 1111 Lard Encroachment 6 26
(a) regulating the rates of assessment leviable - mher section 3 '[or section 3-A] ;
(b) regulating the imposition of penalties under section 6 l[or seotion 5-A 1 ;
(c) declaring that any particular land or class of lands which are acthe property of Government] shall not be open to ocoupation ;
(d) regulating the service of notioes under this Act a[and presoribing the form of such notices ] ;
4[(e) speoifying the particulars to be contained in the report under the proviso to section 5-B, under sub-section (3) of seotion 6 and under the seoond proviso to section 7 ;
(f) regulating the procedure to be followed in appeals and revisions under this Act; and
( g ) for the purpose of carrying into effect the provisions of this Aot].
5[
* * * * I*
6[(2) All rules and orders made under this section shall be published in the Fort rSt. George G m t t e and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published' ----
1 These words, figure and letter were inserted by section , 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Terr~tory) Extension of Laws Aot, 1960 (Tamil Nadu Aot 23 of 1960).
2 The words a Crown property " were substituted for the words a the property of avernment " by the Adaptatiy Order of 1937 and the words a the property of Gevernment were
substituted for Crown property " by the Adaptation (Amendment) Order of 1960.
8 These worda were added by aeotion 6 of the Tamil Nadu
Land Encroaahment (Amendment) Act, 1966 (Tamil Nadu Aot 26
of 1065).
4 Thew clauses were added by (bid.
5 The sentence gg Suoh general rulea or orders shdl be mrde OR@ after preview publiostion " w&e omitted by fbid. Thew eub-seotione were added by {bid.
11
Lnpd Encroachment . [I905 : T.N. Act In
(3) Every rule and every order made under this seotion shall, as soon as possible after it is made, be placed on the table of both Houses of the Legis- lature, and if, before the expiry of the session in whioh i t is so placed or the next session, both Houses agree in making any modification in any such rule or order or both Houses agree that the rule or order should not, be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule or order].
9. The amount of assessment and penalty imposod assessment or penalty levied under this Act on any person unauthorizedly as arrears of occupying any land shall be deemed to be land- land-revenae. '[Tamil revenue and may be recovered from him as arrears Nsdol
of land-revenue under the provisions of the l m m i l A O ~ II,~ M u ] Revenue Recovery Act, 1864, or the Madras z%aa
City Land-Revenue (Amendment) Act, 1867, as the VI of case may be. 1867,
Appeal. 2[10. 3(*) An appeal shall lie (a) to the Collector from any deoision or order passed by a Tahsildar or Deputy Tahsildar '[or an authorized officer] under this Act, and (b) to the District Collector from any
deoision or order of a, Collector passed otherwise than on appeal, and (o) to the Board of Revenue from any decision or order of e District Colleotor passed otherwise than on [ * * * * 1
1 These worda were substituted.for the word 6' Madma " by the Tamil Nadu Adaptation of Laws Order, 1969, aa mended by the Tamil Nadu Adaptation of Lawe (Second Amendment) Order, 1969, which came into force on the 14th January 1969.
2 This seation was substituted by Tamil Nadu Aot VIII of 1914
3 The braokets and figure "(1) " were omitted by section 6 of the Tesail Nadu Land Encroachment (Amendment) Act, 1966 (Tamil Nadu Act 26 of 1966).
4 These words were inserted by W.
5 The sentence "There shall be no appeal against a decision or order pamed by the Colleotor or the District Collector on appeal, but the District Colleotor may revise m y decision or order p w d by a Deputy Tahsilh, Tahs i lh or Collector under thia Act, and the Board of Revenue may revise any deoision or order paseed by any officer under this Act " mas omitted by ibid.
12
1905 : T.N. Act 3113 Laad Encvoac me 5 27 2[10-A. (1) Any decision or order passed under Revision.
this Act may be revised either suo motu or on appli- oation-
(a) by the District Colleotor, if such decision or order was passed by an authorized officer or a Deputy Tahsildar, Tahsildar or Collector ;
(b) by the Board of Revenue, if such decision or order was passed by any officer;
(c) by the State Government, if such decision or order was passed by the Board of Revenue.
(2) The power conferred by sub-section (1) shall not be exeroised except on the ground that the officer or authority whose deoiaion or order is sought to be revised appears to have exercised t jYiSdi0- tion not vested in him or it by law, or to ha fa led to exercise a jurisdiction so vested, or to have acfed
in the exeroise of his or its jurisdiction illegally or
with inaterial irregularity.
(3) No decision or order shall be passed under sub-section (1) prejudicial to any person without
giving such person a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consi demtion, before such decision or order is passed.
10-B. Pending the disposal of any appeal or Stas pen"g cleoision in application or proceedings for revision under this appeal or
Act, the Collector, the District Collector, the Board revision.
of Revenue, or the State Government, as the case may be, may by order, and subject to such conditions as may be specified therein, stay the execution of tho decision or order appealed against or sought to be revised.]
1 Sub-eeotion (2) was omitted by sooion 6 of the Tamil Nadu Lend Enoroeohment (Amendment) Act, 1966 (Tamil Nadu Aot 26 of 1966).
S Them sootions were inserted by reotion 7, iMI.
13
528 Lam? Encroachment. [I905 : T.N. Act III Limitation for '[II. (1) NO appeal shall be preferred under
appeel and section 10 after the expiration of thirty days from
reviaion. the date on which the decision or order appealed against was received by the appellant.
(2) No application for revision shall be preferred under sub-section (1) of section 10-A after the expiration of thirty days from the date on which the decision or order sought to be revised was received by the - applicant.
(3) In computing the period of thirty days referred to in sub-sections (1) and (2), the time required to obtain a copy of the decision or order appealed against or sought to be revised shall be excluded.
(4) Notwithstanding anything contained in sub- sections (1) and (2), the officer or authority concerned or the State Government may admit an a p p l or application preferred after the period speaified therein, if such officer or authority or Government is or are satisfied that the appellant or appli-b had sufficient wuse for not preferring the appeal or application within that period.]
12. Every petition of appeal S[or application for revision] under this Act shall be accompanied by the acoompenying petition of decision or order appealed against S[or sought to be
appeal revised] or by an authenticated copy of the same.
application for revision).
13. Nothing in this Act contained shall be construed
Saving of ope- rations of other as exempting any person unauthorizedly occupying
laws in force. land from liability to be proceeded against under any other law for the time being in force :
Provided that if any penalty has been levied
from any person under section 5 4[or section 6-A] of this Act, no similar penalty shall be levied from him under m y other law in respect of such occupation.
1 This seotion wae substituted for the original aeotion 11 by section 8 of the Temil Nadu Land Encroachment (Amendment) - Act. 1965 (Tamil Nedu Act 26 of 1965).
2 These words were added by eeotion 9 (i), &id.
SThese words were insera by section 9 (ii), a id .
4 Thwe words, figure and letter were inserted by section 4 of, and the Second Schedule to, the Tam11 Nedu (Tranefemd Ter tory) Bxtension of Laws Aot, 1960 (Tamil Nedu Aot 23 of 1960). 4
14
5 : T.N. Act 1111 P 14. Nothing oontained in this Act shall be held to 8&ing of suits
t prevent persons deeming themselves aggrieved by any by persone F proceedings under this Act except as herein before iz$$",e,
, provided, from applying to the civil courts for redress ; under AO~. provided that the civil courts shall not take cognizanoe of any suit instituted by such person for any suoh within six d1
of action ardkd9 for
~z~laruztio7t.-~hG cause of action shall be deemed to have arisen-
(a) in respect of any assessment or penalty, on the date on which such assessment or penalty was levied ;
(b) in respect of eviction or forfeiture, on the date of eviotion or forfeiture.
15. Every proceeding taken by a Collector for theValidation of
reoovery of any sum of money by way of penal or levy of penal
prohibitory assessment or charge from any person rmmm:,he
who has unauthorizedly occupied any land hereby passing of ht
declared to be l[the property of Government] shall, S~ving, of pen-
if euoh sum has been recovered prior to the passing dmgaults.
of this Act, be deemed to have been lawfully taken, provided that this section shall not apply to any suits pending when this Act comes into form in e Court of First Imtance or in a Court of Appeal or affect the validity and opmtion of any decree or order already passed by a court of competent juriadio-
tion. 2[16-A. Where a lease of land which is the property Cwtain persons
.of the Government expires or is terminated by the deemed to be Government or any other authority competent in ~ O ~ ; ! ~ ~ ~
that behalf, the lessee or any other person remaining land.
in possession of the land after suoh expiry or termina- tion, or
1 m:, words " Crown property " were substituted fox the the pmperty of C)pvernment " by the Adaptetioy,Order of 1937 aud t?; words the pyperty of Government wem nrbatituted for Crown property by the Adaptation (Amend- ment) Order of 1950.
N 2 Thk eeotion rn ineerbd by aeotion 2 of the Madm Lend Enoroaohment (bendment) Aot, 1960 ( M a d . Aot XXUL of
1960).
1%-1+38
15
Land E;zcroachment 11905 : T.N. Act 111
where land granted to any person is liable to be resumed by the Government for the breach or non- observance of any of the conditions subject to which the grant is made and the Government or any other authority competent in that behalf have passed orders resuming the land for such breach or non-observance, the grantee or any other person remaining in posses- sion of the land after the passing of those orders, qshall, for the purposes of sections 3 to 15, be deemed to be a person unauthorizedly occupying such land.]
saving of lands 16. Nothing in this Act l[save as provided in section claimed by 15-A], shall apply to any lands, claimed by right right of escheat
or reversion. of escheat, ] or rcversioii until such qpands have been reduced into possession by S[the State Government].
SCHEDULE.
FORM OF WARRANT TO BE ISSUED 4[ * * * ]
UNDER SECTION 6.
To
The Officer in charge of the Civil Jail a t Whereas A.B. of has resisted (or obstructed)
C.D. in removing E.F. (or himself, that is, the said _-_- - . - --.--
1 These ~ o r & , figures and lettar were inserted by seotion 3 of the Madras Land Encrowhment (Amendment) Act, 1950
(Madras Act XXIX of 1950). s The word " resumption " was omitted by ibid.'
8 m e wpfdo I' the Provincial Government" were substituted for the word Govem,yent " by the Adaptat5n Order of 1937 and
a e word " State was substituted for Provincial" by the
4 Adaptation Order of 1960.
4 The words " BY THE COLLECTOR " were omitted by aoction 10 of the Tamil Nadu Idand Encroachment (Amendment) A C ~ , 1966 (Tamil Nadu Act 26 of 1965.)
16
A.B.) from oertain land in the village of in the - taJuk, and whereas it is necessary in order to prevent the continuance of such obstruction (or resistance) .to commit the said A.B. to olose custody, you are hereby required under the provi- -sions of seotion 6 of the l[Tamil Nadu'J Land Enoroachment Aot, 1906, to receive the said A.B.
into the jail under your ohrge and there t o keep him in safe custody for days
Dated this day of
Collector --I
Tahsildar 9 [Signature of
Deputy Tahsildar C Authorized Oflcer.}
.- -- -
=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 (Seoond Amendment) Order, 1969, which oeme into foroe on the 14th January 1969.
2 This was eubstituted for the brackets and words "(Signature of Colleotor) " by section 10 of the Tamil Nadu Land Enoroach- ment (Ammdment) Aot, 1968 (Tamil Nadu Aot 26 of 1966). ' 125-10-34~
17
$'4~ ~ a n $ ~ ~ n ~ r o a c h m e n t (Am ~ J Z &inst) 11965 ! 2.N. Act26
. , . . . . . I . . .
'[TAMIL NADU] ,ACT NO. 26 OF 1965.2 I . . I > " ,. - > :.r:i:.p - 2' . - *, . . t . . I I I- . - .- ' -. .:,.
,, ...
. + - . - .. :; THE l[TAMIL NADU] LAND ENCROACXiMENT .
(AMENDMENT) - . . . ACT, 1965. * ,..- - ,*.,''.,, % . ,
,
[Received the assent of , the . . \ . eresident on tAe 10th November 1965, first publi~hed in the Fort S t . George Gazette
on the 24th November 1965 (Agralzayana 3, 1887).]
/
An Act further to amend the l[Tawil Nadu] Land Encroach- ment Act, 1905.
BE it enacted by the Legislature of the $[State of Tamil
Nadu] id .the Sixteenth Year of. the Re;public . . . of India as follows :-
Short title. 1. This Act may be called the 2LTamil Nadu] Land
Encroachment (Amendment) Act, 1965.
2-10. [The amendments made by these sections have already been incorporated in the principal Act, viz., the Tamil Nadu Land Encroachment Act. 1905 (Tamil Nadu Act IT1 of l905).]
-. 3 - These words were substituted for the word " Madras " by the Tamil Nadu Adaptition of Laws Order, 1969, as amended by the 'lamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George, Gazette Extraordinary, dated the 28th July 1965, Part IV- Section 3, page 122.
a This expression was substi ? uted 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 mend ment) Order, 1969.
18
.
+>
Lmd fin~roa~hment-(;qmmdment) 445
g . ahy -- - . . % . judgment, , decision. .. . . or - . ordcr - certain orders
any court, anything done or .ady a~ t iod taken :& an- .passed not to be deemed
cision or order passed by the State Gaver;:ment tbfork invalid. e date of publication of thipAct in the *Fort St. George ' .'b
tte, shall not be deemed to be invalid merely by reason f the fact that the State ~ o v e r n i e n t had, before such ublication, no power to revise any decisiork or order assed by :he t Board of Revenue.
-
12. (1) The principal Act, as in force immediately of
before the commei~cenlent of this Act in the 2[State of llTamil Nadu Act] 111 of 1905 Tamil Nadu] except in the added territories and as amen- to the added
ded by this Act (hereinafter in this section referred to as ~ ~ f ~ ~ ~ ~ i
the l[Tamil Nadu Act]), is hereby extended to, and shall savings.
be in force in, the added territories.
(2) If, immediately before the commencement of this Act, there is in force in the added territories any law
corresponding to the l[Tamil Nadu Act], sucl.. correspond- ing law shall ~ t and repealed on such commencement. -.
substituted for the expression ' Madras of the Tamil' Nadu Adaptation of Laws
2 This expression was subdtituted for the expression State of Madras * * by the Tamil Nadu Adaptation of Laws Order, 1969, as amelsded by tlse Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
. - - * Mow the Tamil Nttdu Governnienf ~ a k e t f e . . -, . z . . -- -*. -
-t By virt'ueof section 100) of the Tami J Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu .Act 36' of 1980), any rGefince to .the .Board - of ..Revenue .shall b6 deemed to' ~ference to the State Government. ,* .', -
19
I
446 Enc~auchmmt (~mendment) [1965: 7'. N d A& 26
(3) he repeal by sub-section (2) of any law corns *onding to the '[Tamil Nadu Act] in force in the added t&toScs immed~ately before the commencement of this Act shall not affect-
(a) the previous operation of any such law or anything duly done or suffered thereunder ; or
(b) any right, privilege, obligation or liability. acquired, accrued or incurred under any such law; or
(c) any penalty, forfeiture or punishment inmured in respect of any obnce committed against any such and any such investigati~n, legal proceeding or remedy:
may be instituted, continued. or enforad. and any such, penait y, forfeiture or punishment may b imposed as if this Act bad not been passed.
--* - - ' a p r ~ i o n was substituted for the expression M*~,
Ad " by -graph 3 (2) of the Tamil Nedu Adaptatipn of O r d ~ , 1970.
5
Cr\
20
21
1!l751 T.N. Act 201 Land Encroachment(Amendment) 435
TAMZL NADU ACT NO, 20 OF 1975,*
THR TAMIL NADU LAND ENCROACHMENT
(AMENDMENT) ACT, 1975.
[Received the assent of the President on the 2nd July 1975, Jirst published in the Tamil Nadu Government
Gazdte Extraordinary, on the 8th July 1975 (Aani 24, Iratchasa (2006-Tiruvulluvar Aandu)).] An Act further to amend the Tamil Nada 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 :-
1. (1) This Act may be called the Tamil Nadu Land sbcrt tCle
Encroachment (Amendment) Act, 1975. and com- meneemer t .
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In section 7 of the Tamil Nadu Land Encroachment Amendment
Act, 1905 (Tamil Nadu Act I11 of 1905) (hereinafter referred ;!~s* to as the principal Act),- Nadu Act
rn of 1905.
(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..
For Statement of Objects an11 Reasons, see T ' i i Nadu Gowmmnt Guzette Fxtraordinary, dated the 8th March 1975, Part IVISeotion 1, Pages 59-60.
I 135.10-23a
22
136 Land Encroachment (AmeLdment) f1975: T.N. Act 26
I
Amendment
I
3. In section 10 of the principal Act,-
of sectlon 10, Tamil Nadu ~ c t m fi) in clause (a), the words "or an authorised officer"
1905. shall be omitted;
(ii) after clause (a), the following clause shall be inserted, namely:-
I
i "(aa) to such officer a 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 inay be specified for different classes of cases; and".
Amendment of section 1 4. Insub-section (11 of sec ion 16A of the principal
lbA, Act,-
Tamil Nadu Act III of
1905.
(i) in clause (a), the word "an authorised officer or ' shall be omitted;
I (ii) in clause (b), the words "other than the appellate authorityyy 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.
1
Amendmsnr 5. In section 10-B of the principal Act, after the words
of section "the District Collector", the words"the appellate authority"
10-B~Tamil shall be inserted. Nadu Act 111 of 1905. I
* By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 ( Tamil N ~ d u Act 36 of 1980), any reference to the Baard of Revenue shall be deemed to be a rcfereracc to the State Oovernment.
23
- - -
"
.-
f .fo Govf. 0 k
iCd(?!Zf?NMENT OF TAMIL NADV
/
Regrsrerea No M 1996 (Pric6 ISwb
I"' " -
I
-- .
T A M I L NADU
i GOjlERNNiENT GAZETTE. EXTI iAORD1NAKY PoBLIJHED 01 AVTHORITI
!
I
- -
I - -- - - - - -- - -- - t
"
No. 141 MADRAS, WEDNESDAY, JANUARY 10, 1996 MARGAZHI 26, YUVA, THIRUVALLUVAR AANDU-2026
-- -----.- - ?.- - -7 - - i - ) Part IV - Seeticla 2 '1
Tamil Nadu Acts and Qrdinan~es:~ -4 --LA- r HY
The follo u il:g Act of tl. e Tamil Nadu Legisiative Assembly received the assent of the Presid e r t on the 3 rd January, 1996 ar-d is hereby published for ger-era1 informa- ti011 :-
ACT NO. 1 OF 1996.
4 L
A,, Act fnrtlter to amend the Tantil Nadu Land Encroachment Act, 1905.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty- fourth Year of the Republic of India as follows :-
I . This Act may be called t i e Tamil Nadu Land Encroachment (Amendment) short title. Act, 1993.
Ta:-r,il Nadu Act 2. In sectiorl 4 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter Ameridment
111 of 1905. referred to as tl:e principal Act), tk e words " ard skall cot be questioned in any civil section 4.
24
2 TAMIL N.4D 3 GOV.IRNVEENT G47,Er ri: E X T P 11 ) A ;:\ - - .. *-~ -- ----- - - - -- - - -- - - - - Sii'~rtic-.~tio I of 4 , For 5:;tio I I4 of t-12 ; ~ r ~ l i ~ ~ ? . i l i c t , t ie l'o1h9tr~ I ,: .[I,) 1 i
8e:tis 1 i4. naln~ziy :-
I t of j i s f ~ i u 1 0 I ~ t . - 1 I I 1 1 1 1
l d ~ for t le t~ n: b:1.12 I I for:: 110 o:.lcr ?-i,,:.l or J r : I I 1 L i I B authority or the ~ t t t t : G 3 i ~ ~ i l 113 1t u lder i'li, Act z . 111 :I: ill: I , I court, in a ly suit 9 s a?ii,-al.~o I :t ~d 1 x 0 i ~ j u ~c t i o I > 1,111 b.: sr,r i l ~ i ' 1 I I r z ~ : w t of a iy aAto.1 t ike 1 or to b.: take1 by su:'~ )Iti:e~. or ~ u t I O I I LI G o ~ a r ~ ~ ~ n e n t i pursua ~ c z of :L 1). llowcr co lfz, rzd b\ o r 11 I ~ C L l'li, 'iL I '
'C3 .i:ru~tio.? or In tile a22licatio 1 of a ly rule, bj.-law, rz~ulatl3 1. ~ ~ o t ~ f i : ' ~ t ~ o 1, I
:K;::- : -.>. mi-ls, or isi?l:d u vier t le pri ~ c i , ~ . r l \st, a ly rzferz ~ c s to t I L ~ B 1 l r r l 01 I<I
1
u ~ l ? j j t'lz co l tz\rt o: '~er wis: rzquirzs, b3 dt: 1s.l to I x LL 1.21 . I . . 1
Co:nmissioner of L a d Administration.
4
i
i (Rg Ordzr of the Gov:rnor)
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONE tY AND PI'\INII'.c, , I,, -, ,,, , ,
I&.., ., - . OF THE GOVPRNMENT' OF T \ \ f l l N4DL'.
25