Tamil Nadu Public Property (Prevention of Damage and Loss) Amendment Act, 1994*
| [Tamil Nadu Act No. 46 of 1994] | [9th August, 1994] |
An Act to amend, the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 4th August, 1994 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 413, dated August, 9, 1994.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Public Property (Prevention of Damage and Loss) Amendment Act, 1994.
(2) It shall come into force at once.
2. Amendment of long title.- In the long title to the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (Tamil Nadu Act 59 of 1992) (hereinafter referred to as the principal Act), for the words "the public property and the public", the words "any property and the public" shall be substituted.
3. Amendment of section 1.- In section 1 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) This Act may be called the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992."
4. Amendment of section 2.- In section 2 of the principal Act, in clause (4),-
(1) for the opening portion beginning with the words "public property" and ending with the words "under the control of", the following shall be substituted, namely:-
""property" means any property, movable or immovable or machinery owned by or in possession of, or under the control of any person including-";
(2) for sub-clause (1) and the proviso thereunder, the following shall be substituted, namely:-
(i) any institution, concern or undertaking; or
(j) any company.
Explanation.- For the purposes of this clause, "company" means any body Corporate and includes a ??? a from, a society or other association of individuals.".
5. Amendment of section 3.- In section 3 of the ??? Act, for the words "public properly" in three places where they occur including the marginal heading, the word "property" shall be substituted.
6. Amendment of section 4.- In section 4 of the principal Act, for the words "public property", in two places where they occur including the marginal heading, the word "property" shall be substituted.
7. Amendment of section 7.- In section 7 of the principal Act, in sub-section (1), in clause (c), for the words "public property including any public road", the words "property including any road" shall be substituted.
8. Amendment of section 9.- In section 9 of the principal Act, for the words "public property", the word "property" shall be substituted.
9. Amendment of section 10.- In section 10 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Any claim for compensation for damage or loss caused to the property shall be made by-
(i) any person who has been affected by such damage or loss; or
(ii) such officer empowered by the authorities specified in sub-clauses (a) to (j) of clause (4) of section 2".
(2) in sub-section (2), for the words "public property", the word "property" shall be substituted.
10. Amendment of section 11.- In section 11 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Every claim for compensation for damage or loss caused to the property shall be made to such authority as may be prescribed.".
(2) in sub-section (2), for the words "public property" in two places where they occur, the word "property" shall be substituted.
11. Amendment of section 12.- In section 12 of the principal Act, for the words "for any damage or loss to the public property and on the application of the officer prescribed", the words "for any damage or loss to property and on the application of the person or the officer prescribed" shall be substituted.
12. Insertion of new section 12-A.- After section 12 of the principal Act, the following section shall be ??? namely:-
"12-A. Appeal.-(1) Any person aggrieved by an order made by the authority prescribed under sub-section (1) of section 11 may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government in this behalf.
(2) In deciding the appeal, the authority specified under sub-section (1) shall follow such procedure as may be prescribed and the decision of such authority on such appeal shall be final and shall not be called in question in any court of law.".