Tamil Nadu State Housing Board (Amendment and Validation) Act, 1992*
| [Tamil Nadu Act No. 5 of 1992] | [19th February, 1992] |
An Act further to amend the Tamil Nadu State Housing Board Act, 1961
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 19th February, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu State Housing Board (Amendment and Validation) Act, 1992.
(2) Sections 2, 3, 4, 5 and 6 shall be deemed to have come into force on the 22nd day of April, 1961.
2. Amendment of section 39.- In section 39 of the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961), (hereinafter referred to as the principal Act), for clause (a), the following clause shall be substituted, namely:-
"(a) the area relating to the scheme;".
3. Amendment of section 49.- In section 49 of the principal Act, in sub-section (1), in clause (b), the expression "of the land which it is proposed to acquire and" shall be omitted.
4. Amendment of section 53.- In section 53 of the principal Act, in sub-section (3), in clause (a), the Words "or involves the acquisition of any land not previously proposed to be acquired" shall be omitted.
5. Amendment of section 56.- In section 56 of the principal Act, in the first proviso, clause (b) shall be omitted.
6. Substitution of section 70.- For section 70 of the principal Act, the following section shall be substituted, namely:-
"70. Power to acquire land under the Land Acquisition Act.- (1) Any land or any interest therein required by the Board for the purpose of framing or executing any housing or improvement scheme or for any other purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act I ??? 1894).
(2) Notwithstanding anything contained in this Act, proceedings under the Land Acquisition Act, 1894 (Central Act I ??? 1894), may be taken for acquiring any land or any interest therein under sub-section (1), even before framing any housing or improvement scheme."
7. Validation.- Notwithstanding anything contained in the principal Act or in any other law for the time being in force or in any judgment, decree or order of any court or tribunal or other authority, any proceeding which has been taken by the Tamil Nadu State Housing Board or by the State Government or by any other authority under the principal Act read with the provisions of the Land Acquisition Act, 1894 (Central Act I ??? 1894), before the 10th January, 1992, for acquiring any land, before framing any housing or improvement scheme under the principal Act, including any such proceeding pending before any court or tribunal or other authority on the 10th January, 1992, shall be deemed to be and shall be deemed always to have been, validly taken in accordance with law, as if the principal Act, as amended by ??? Act had been in force at all material times when such proceeding was taken and no suit or other legal proceeding shall be maintained or continued against the Tamil Nadu State Housing Board the State Government or any other authority whatsoever on the ground that such proceeding was not taken in accordance with law.
8. Repeal and saving.- (1) The Tamil Nadu State Housing Board (Amendment and Validation) Ordinance, 1992 (Tamil Nadu ??? 3 ??? 1992) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been lone or taken under the principal Act, as Amended by this Act.