Tamil nadu act 024 of 1978 : Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978

Section 1. Short title, extent and commencement

Chapter-I - Preliminary

CHAPTER I

Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.

(2) This Act extends to the whole of the State of Tamil Nadu.

(3)(a) This Act, except sections 14, 15, sub-section (3) of section 20 and sections 27 and 48, shall be deemed to have come into force on the 3rd day of August, 1976.

(b) Sections 14, 15, sub-section (3) of section 20 and sections 27 and 48 shall come into force on the date of the publication of this Act in the Tamil Nadu Government Gazette.

Section 2. Declaration

2. Declaration.- It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) and clause (c) of Article 39 of the Constitution.

Section 3. Definitions

Chapter-II - Definitions

CHAPTER II

Definitions

3. Definitions.- In this Act, unless the context otherwise requires,-

(a) "building regulations" means the regulations contained in the master plan, or the law in force governing the construction of buildings";

(b) "ceiling limit" means the ceiling limit specified in section 5;

(c) "commencement of this Act" means-

(i) in respect of any urban agglomeration specified in Schedule I, the 3rd day of August, 1976,

(ii) in respect of any area declared to be an urban agglomeration by a notification under sub-clause (ii) of clause (n) of section 3, the date of publication of such notification in the Tamil Nadu Government Gazette;

(iii) where any land, not being vacant land, has become vacant land by any reason whatsoever, the date on which such land becomes vacant land;

(d) "competent authority" means any person or authority authorised by the State Government, by notification in the Tamil Nadu Government Gazette, to perform the functions of the competent authority under this Act for such area: as may be specified in the notification and different persons or authorities may be authorised to perform different functions;

(e) "dwelling unit", in relation to a building or a portion of a building, means a unit of accommodation, in such building or portion, used solely for the purpose of residence.

Explanation.- Where, according to the plan approved by the appropriate authority, a unit of accommodation in any building or portion thereof is to be used solely for the purpose of residence, such unit of accommodation shall be deemed to be a dwelling unit;

(f) "family", in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children.

Explanation.- For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years;

(g) "industrial undertaking" means any undertaking engaged in the manufacture or production of goods specified in Schedule III or carrying on any other activities specified in the said Schedule;

(h) "land appurtenant", in relation to any building means an extent of five hundred square metres contiguous to the land occupied by such building and includes,-

(i) in the case of any building constructed before or under construction on the commencement of this Act with a dwelling unit therein, or

(ii) in the case of any building proposed to be constructed with a dwelling unit therein and in respect of which the plan for such building has been approved by the appropriate authority before the commencement of this Act,

an additional extent not exceeding five hundred square metros of land, if any, contiguous to the said extent of five hundred square metres of land:

Provided that in relation to a multi-storeyed building, the extent of land contiguous to the land occupied by such multi-storeyed building permitted according to the plan approved by the appropriate authority shall be deemed to be the land appurtenant;

(i) "master plan", in relation to an area within an urban agglomeration or, any part thereof, means the plan (by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by the State Government for the development of such area or part thereof;

(j) "person" includes an individual, a family, a firm, a company or an association or body of individuals, whether incorporated or not;

(k) "prescribed" means prescribed by rules made under this Act;

(l) "to hold" with its grammatical variations, in relation to any vacant land, means-

(i) to own such land; or

(ii) to possess such land as owner or as tenant or as mortgagee or under an irrevocable power-of-attorney or under a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities.

Explanation I.- For the purpose of this clause, "tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed by another to enjoy the land of the latter under a tenancy agreement, express or implied, and includes-

(i) any such person who continues in possession of the land after the determination of the tenancy agreement;

(ii) the heirs, assignees, legal representative of such person, or persons deriving rights through such person.

Explanation II.- Where the same vacant land is held by one person in one capacity and by another person in another capacity, then, for the purposes of this Act, such land shall be deemed to be held by both such persons;

(m) "Tribunal" means the Urban Land Tribunal Constituted under section 13;

(n) "urban agglomeration" means-

(i) the area comprised in the urban agglomeration specified in Schedule I; and

(ii) any other area which the State Government may, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require by notification in the Tamil Nadu Government Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category III in that Schedule;

(o) "urban land" means-

(i) any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or

(ii) in a case where there is no master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration but deem not include any such land which is mainly used for the purpose of agriculture.

Explanation.- For the purpose of this clause and clause (p),-

(A) "agriculture" includes horticulture, but does not include-

(i) raising of grass,

(ii) dairy farming,

(iii) poultry farming,

(iv) breeding of livestock, and

(v) such cultivation, or the growing of such plant, as may be prescribed;

(B) land shall not be deemed to be used mainly for the purpose of agriculture, in such land is not entered in the revenue or land records before the commencement of this Act as for the purpose of agriculture;

(C) notwithstanding anything contained in the clause (B) of this Explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master plan for a purpose other than agriculture:

Provided that where any such land is actually used mainly for the purpose of agriculture, such land shall not be deemed to be urban or vacant land so long as it is continued to be so used for the purpose of agriculture;

(D) where on the commencement of this Act, any land is actually used mainly for the purpose of agriculture, but is used mainly for a purpose other than agriculture, after such commencement, then on and from the date on which such land is used for any purpose other than agriculture, the land shall be deemed to be vacant land and accordingly the provisions of this Act shall apply.

(p) "vacant land" means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include-

(i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated;

(ii) in an area where there are building regulations,-

(a) the land occupied by any building constructed before, or under construction on the commencement of this Act with the approval of the appropriate authority and the land appurtenant to such building;

(b) the land where any building is proposed to be constructed in respect of which the building plan has been approved by the appropriate authority before the commencement of this Act and the land appurtenant to such building;

(iii) in an area where there are no building regulations, the land occupied by any building constructed before or under construction on the commencement of this Act and the land appurtenant to such building; and

(iv) the land which is exclusively used as pathway by one or more families subject to such limits and conditions as may be prescribed:

Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breeding of livestock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keeping of such cattle immediately before such commencement shall not be deemed to be vacant land for the purposes of this clause.

Section 4. Persons not entitled to hold vacant land in excess of the ceiling limit

Chapter-III - Ceiling on vacant land

CHAPTER III

Ceiling on vacant land

4. Persons not entitled to hold vacant land in excess of the ceiling limit.- Except as otherwise provided in this Act, on and from the commencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit.

Section 5. Ceiling limit

5. Ceiling limit.- (1) Subject to the other provisions of this section,-

(i) in the case of every person (other than a family and an industrial undertaking), the ceiling limit shall be,-

(A) Where the vacant land is situated in an urban agglomeration falling within category I specified in Schedule I, five hundred square metres;

(B) Where the vacant land is situated in an urban agglomeration falling within category II specified in Schedule I, one thousand five hundred square metres;

(C) Where the vacant land is situated in an urban agglomeration falling within category III specified in Schedule I, two thousand square metres;

(ii) in the case of every family, the ceiling limit shall be as specified below:-

(A) Where the vacant land is situated in an urban agglomeration falling within category I specified in Schedule I and,-

(a) where the family consists of two members, one thousand square metres;

(b) where the family consists of three members, one thousand five hundred square metres;

(c) where the family consists of four or more members, two thousand square metres;

(B) Where the vacant land is situated in an urban agglomeration falling within category II specified in Schedule I, and where the family consists of two or more members, three thousand square metres;

(C) Where the vacant land is situated in an urban agglomeration falling within category III specified in Schedule I, and where the family consists of two or more members, four thousand square metres;

(iii) in the case of every industrial undertaking, the ceiling limit shall be,-

(A) where the vacant land is situated in an urban agglomeration falling within category I, specified in Schedule I, two thousand square metres;

(B) where the vacant land is situated in an urban agglomeration falling within category II, specified in Schedule I, three thousand square metres;

(C) where the vacant land is situated in an urban agglomeration falling within category III, specified in Schedule I, four thousand square metres.

(2) Where any person holds vacant land situated in two or more categories of urban agglomerations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,-

(a)(i) in the case of a person other than an industrial undertaking or a family as is referred to in sub-clause (ii) or sub-clause (iii), one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to three square metres of vacant land situated in an urban agglomeration falling within category II and four square metres of vacant land situated in an urban agglomeration falling within category III;

(ii) in the case of a family consisting of three members, one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category II and two and two-third square metres of vacant land situated in an urban agglomeration falling within category III;

(iii) in the case of a family consisting of four or more members and in the case of an industrial undertaking, one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to one and a half square metres of vacant land situated in an urban agglomeration falling within category II and two square metres of vacant land situated in an urban agglomeration falling within category III;

(b) one square metre of vacant land situated in an urban agglomeration falling within category II shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban agglomeration falling within category III.

(3) Notwithstanding anything contained in sub-section (1), where any person with the object of development of vacant land for sale by allotment of plots of land to others, has by himself, or through any other person, obtained before the commencement of this Act, the sanction of the appropriate authority for the lay out of such vacant land held by such person, then the person so holding the land shall be entitled to continue to hold such vacant land:

Provided that such person shall not transfer any such vacant land or part thereof by way of sale, mortgage, gift, lease or otherwise to any person who already owns a dwelling unit or any vacant land which together with the land to be transferred by that person would in the aggregate exceed the ceiling limit of such transferee.

(4) Where any firm or unincorporated association or body of individuals holds vacant land in any urban agglomeration, then, the right or interest of any person in the vacant land on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person.

(5) Where a person is a beneficiary of a private trust and his share in the income from such trust is known or determinable, the share of such person in the vacant land in any urban agglomeration held by the trust, shall be deemed to be in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportion able to his share shall also be taken into account in calculating the extent of vacant land held by such person.

(6) Where a person is a member of a Hindu undivided family so much of the vacant land as would have fallen to his share had the entire vacant land held by the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person.

(7) In the case of a Hindu undivided family consisting of-

(i) a wife or husband;

(ii)(a) major sons, or

(b) unmarried minor children, or

(c) unmarried major daughters of such wife or husband

and where in relation to any vacant land held by the wife or husband or both, as self acquired property, no division had taken place on or before the commencement of this Act, so much of the vacant land, as would have notionally fallen to the share of the wife, the husband, the major sons, unmarried major daughters or unmarried minor children in such family, had the entire vacant land, held by the wife or husband or both, been divided equally at the commencement of this Act, among the wife, husband, major sons, unmarried major daughters, or unmarried minor children aforesaid, shall also be taken into account in calculating the extent of vacant land held by each such person:

Provided that the notional share of a major son or unmarried major daughter as provided for in this sub-section shall not be taken into account in any case where the total extent of the vacant land held by the wife or husband or both as self-acquired property together with the extent of vacant land, if any, held by the unmarried minor children of such wife or husband does not exceed the ceiling limit of the family as fixed under clause (ii) of sub-section (1):

Provided further that where the total extent of the vacant land held by the wife or husband or both as self-acquired property together with the extent of vacant land held by the unmarried minor children of such wife or husband exceeds the ceiling limit as fixed under clause (ii) of sub-section (1), then, the notional share of the major son or the unmarried major daughter as provided for in this sub-section shall be calculated only in respect of the extent of the vacant land which is in such excess.

(8) In the case of a family consisting of-

(i) a wife or husband,

(ii)(a) major sons, or

(b) unmarried minor children, or

(c) unmarried major daughters of such wife or husband governed by Christian Law, Muslim Law or any other personal law (other than the personal law relating to Hindus) and where in relation to any vacant land held by the wife or husband or both, no division had taken place on or before the commencement of this Act, so much of the vacant land, as would have notionally fallen to the share of the wife, the husband, the major sons, unmarried major daughters or unmarried minor children in such family, had the entire vacant land held by the wife or husband or both, been divided equally at the commencement of this Act among the wife, husband, major sons, unmarried major daughters or unmarried minor children aforesaid, shall also be taken into account in calculating the extent of vacant land held by each such person:

Provided that the notional share of a major son or unmarried major daughter as provided for in this sub-section shall not be taken into account in any case where the total extent of the vacant land held by the wife or husband or both together with the extent of vacant land, if any, held by the unmarried minor children of such wife or husband does not exceed the ceiling limit of the family as fixed under clause (ii) of sub-section (1):

Provided further that where the total extent of the vacant land held by the wife or husband or both together with the extent of vacant land held by the unmarried minor children of such wife or husband exceeds the ceiling limit as fixed under clause (ii) of sub-section (1), then, the notional share of the major son or the unmarried major daughter as provided for in this sub-section shall be calculated only in respect of the extent of the vacant land which is in such excess.

(9) Where a person being a member of a housing co-operative society registered or deemed to be registered under any law for the time being in force, holds vacant land allotted to him by such society, then the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person.

Explanation.- For the removal of doubts, it is hereby declared that the definition of "family" in clause (f) of section 3 shall have no application for purposes of sub-sections (6), (7) and (8) except the provisos to sub-sections (7) and (8).

Section 6. Transfer of vacant land

6. Transfer of vacant land.- No person holding vacant land in excess of the ceiling limit immediately before the commencement of this Act shall transfer any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has furnished a statement under section 7 and a notification regarding the excess vacant land held by him has been published under sub-section (1) of section 11; and any such transfer made in contravention of this provision shall be deemed to be null and void.

Section 7. Persons holding vacant land in excess of ceiling limit to file statement

7. Persons holding vacant land in excess of ceiling limit to file statement.- (1) Every person holding vacant land in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file a statement before the competent authority having jurisdiction specifying the location, extent and such other particulars as may be prescribed of all vacant lands and of any urban or other land on which there is a building, whether or not with a dwelling unit therein in any urban agglomeration held by him (including the nature of his right, title or interest therein) and also specifying the vacant lands within the ceiling limit which he desires to retain.

(2) If the competent authority is of opinion that any person holds at the commencement of this Act, vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), it may serve a notice upon such person requiring him to file, within such period as may be specified in the notice, the statement referred to in sub-section (1) and the person on whom such notice is served shall be bound to comply with such notice.

(3) The competent authority may, if it is satisfied that it is necessary so to do, extend the date for filing the statement under this section by such further period or periods, as it may think fit:

Provided that the period or the aggregate of the periods of such extension shall not exceed such period as may be prescribed.

(4) The statement under this section shall be filed,-

(a) in the case of an individual, by the individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs by his guardian or any other person competent to act on his behalf;

(b) in the case of a family, by the husband or wife, and where the husband or wife is absent from India or is mentally incapacitated from attending to his or her affairs, by the husband or wife who is not so absent or mentally incapacitated and where both the husband and the wife are absent from India or are mentally incapacitated from attending to their affairs, by any other person competent to act on behalf of the husband or wife or both;

(c) in the case of a company, by the principal officer thereof;

(d) in the case of a firm, by any partner thereof;

(e) in the case of any other association, by any member of the association or the principal officer thereof; and;

(f) in the case of any other person, by that person or by a person competent to act on his behalf.

Explanation.- For the purposes of this sub-section, "principal officer",-

(i) in relation to a company, means the secretary, manager or managing director of the company;

(ii) in relation to any association, means the secretary, treasurer, manager or agent of the association.

and includes any person connected with the management of the affairs of the company or the association, as the case may be, upon whom the competent authority has served a notice of its intention of treating him as the principal officer thereof.

(5) If any person who is liable to file a statement under this section fails to file the statement within the period within which it has to be filed, the competent authority, may obtain necessary information in such manner as it thinks fit.

Section 8. Filing of statement in cases where vacant land held by a person is situated within the jurisdiction of two or more competent authorities

8. Filing of statement in cases where vacant land held by a person is situated within the jurisdiction of two or more competent authorities.- (1) Where a person holds vacant land situated within the jurisdiction of two or more competent authorities, then, he shall file his statement under sub-section (1) of section 7 before the competent authority within the jurisdiction of which the major part thereof is situated and thereafter all subsequent proceedings under this Chapter shall be taken before that competent authority to the exclusion of the other competent authority or authorities concerned and the competent authority, before which the statement is filed, shall send intimation thereof to the other competent authority or authorities concerned.

(2) Where the extent of vacant land held by any person and situated within the jurisdiction of two or more competent authorities is equal, he shall file his statement under sub-section (1) of section 7 before any one of the competent authorities and send intimation thereof in such form as may be prescribed to the State Government and thereupon, the State Government shall, by order, determine the competent authority before which all subsequent proceedings under this Act shall be taken to the exclusion of the other competent authority or authorities and communicate that order to such person and the competent authorities concerned.

Section 9. Preparation of draft statement as regards vacant land held in excess of ceiling limit

9. Preparation of draft statement as regards vacant land held in excess of ceiling limit.- (1) On the basis of the statement filed under sub-section (1) or sub-section (2) of section 7 or on the basis of information obtained under sub-section (5) of that section and after such enquiry as the competent authority may deem fit to make, the competent authority shall prepare a draft statement in respect of the person who has filed the statement under sub-section (1) or sub-section (2) of section 7, or as the case may be, about whose lands information has been obtained under sub-section (5) of that section.

(2) Every statement prepared under sub-section (1) shall contain the following particulars, namely:-

(i) the name and address of the person;

(ii) the particulars of all vacant lands and of any urban or other land on which there is a building, whether or not with a dwelling unit therein, in any urban agglomeration held by such person;

(iii) the particulars of the vacant lands which such person desires to retain within the ceiling limit and the particulars of the vacant lands which such person is allowed to retain within the ceiling limit;

(iv) the particulars of the right, title or interest of the person in the vacant lands; and

(v) such other particulars as may be prescribed.

(3) If any person has specified the particulars of the vacant lands which he desires to retain within his ceiling limit, the competent authority shall as far as practicable declare the same vacant lands as comprised within his ceiling limit:

Provided that the competent authority may having regard to the accessibility to the vacant lands in excess of the ceiling limit held by such person or the optimum use to which such vacant lands can be put, and such other matters as may be prescribed, declare any other vacant lands held by such person as comprised within his ceiling limit.]

(4) The draft statement shall be served in such manner as may be prescribed on the person concerned together with a notice stating that any objection to the draft statement shall be preferred within thirty days of the service thereof.

(5) The competent authority shall duly consider any objection received, within the period specified in the notice referred to in sub-section (4) or within such further period as may be specified by the competent authority for any good and sufficient reason, from the person on whom a copy of the draft statement has been served under that sub-section and the competent authority shall, after giving the objector a reasonable opportunity of being heard, pass such orders as it deems fit.

Section 10. Final statement

10. Final statement.- (1) After the disposal of the objections, if any, received under sub-section (5) of section 9, the competent authority shall make the necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall determine the vacant land held by the person concerned in excess of the ceiling limit and cause a copy of the statement as so altered to be served in the manner referred to in sub-section (4) of section 9 on the person concerned and where such vacant land is held under a lease, or a mortgage, or a hire-purchase agreement, or an irrevocable power of attorney, also on the owner of such vacant land and such statement so served shall be deemed to be the final statement.

(2) Notwithstanding anything contained in sub-section (1), where the competent authority is satisfied that any vacant land which is in excess of the ceiling limit is not fit, or cannot be used, for the construction of any building or the erection of any structure in accordance with the building regulations governing such construction or erection or, in a case where there are no such building regulations in force, the competent authority is satisfied upon an inquiry made by it in such manner as may be prescribed that any vacant land which is in excess of the ceiling limit is not fit, or cannot be used for, the construction of any building or the erection of any structure, then, the competent authority shall send a report to the State Government and the State Government may, after such inquiry as it deems fit, declare that such excess vacant land shall not be declared as land in excess of the ceiling limit and the decision of the State Government in this regard shall be final.

Section 11. Acquisition of vacant land in excess of ceiling limit

11. Acquisition of vacant land in excess of ceiling limit.- (1) As soon as may be after the service of the final statement under section 10 on the person concerned, the competent authority shall cause a notification giving the particulars of the vacant land held by such person in excess of the ceiling limit and stating that-

(i) such vacant land is to be acquired by the State Government; and

(ii) the claims of all persons interested in such vacant land may be made by them personally or by their agents giving particulars of the nature of their interests in such land,

to be published for the information of the general public in the Tamil Nadu Government Gazette, and in such other manner in may be prescribed.

(2) After considering the claims of the persons interested in the vacant land, made to the competent authority in pursuance of the notification published under sub-section (1), the competent authority shall determine the nature and extent of such claims and pass such orders as it deems fit.

(3) At any time after the publication of the notification under sub-section (1) the competent authority may, by notification in the Tamil Nadu Government Gazette, declare that the excess vacant land referred to in the notification published under sub-section (1) shall, with effect from such date as may be specified in the declaration, be deemed to have been acquired by the State Government and upon the publication of such declaration, such land shall be deemed to have vested absolutely in the State Government free from all encumbrances with effect from the date so specified.

(4) During the period commencing on the date of publication of the notification under sub-section (1) and ending with the date specified in the declaration made under sub-section (3)-

(i) no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in contravention of this provision shall be deemed to be null and void; and,

(ii) no person shall alter or cause to be altered the use of such excess vacant land.

(5) Where any vacant land is vested in the State Government under sub-section (3), the competent authority may, by notice in writing, order any person who may be in possession of it to surrender or deliver possession thereof to the State Government or to any person duly authorised by the State Government in this behalf within thirty days of the service of the notice.

(6) If any person refuses or fails to comply with an order made under sub-section (5), the competent authority may take possession of the vacant land or cause it to be given to the State Government or to any person duly authorised by the State Government in this behalf and may for that purpose use such force as may be necessary.

Section 12. Payment of amount for vacant land acquired

12. Payment of amount for vacant land acquired.- (1) Where any vacant land is deemed to have been acquired by the State Government under sub-section (3) of section 11, the State Government shall pay to the person or persons having any interest therein,-

(a) in a case where there is any income from such vacant land, an amount equal to ten times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notification issued under sub-section (1) of section 11:

Provided that where in respect of such vacant land the amount calculated under this clause is less than the amount calculated under clause (b) the person or persons having interest in the vacant land shall be paid the higher amount calculated under clause (b);

(b) in a case where no income is derived from such vacant land, an amount calculated at a rate-

(i) not exceeding fifty rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category I specified in Schedule I;

(ii) not exceeding twenty-five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category II specified in that Schedule; and

(iii) not exceeding fifteen rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category III specified in that Schedule.

(2) The net average annual income referred to in clause (a) of sub-section (1) shall be calculated in the manner and in accordance with the principles set out in Schedule II.

(3) For the purpose of clause (b) of sub-section (1), the State Government shall-

(a) divide, by notification in the Tamil Nadu Government Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly urban development thereof and such other relevant factors as the circumstances of the case may require; and

(b) fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require.

(4) Different rates may be fixed under clause (b) of sub-section (3) for vacant lands situated in different zones within each urban agglomeration.

(5) Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub-section (3) of section 11 is held by any person under a grant, lease or other tenure from the Central Government or any State Government and-

(i) the terms of such grant, lease or other tenure do not provide for payment of any amount to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be or

(ii) the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption, then,-

(a) in a case falling under clause (i), no amount shall be payable in respect of such vacant land under sub-section (1); and

(b) in a case falling under clause (ii), the amount payable in respect of such vacant land shall be the amount payable to him under the terms of such grant, lease or other tenure on such termination and resumption or the amount payable to him under sub-section (1), whichever is less.

(6) The competent authority may, by order in writing, determine the amount to be paid in accordance with the provisions of this section as also the person, or, where there are several persons interested in the land, the persons to whom it shall be paid and in what proportion, if any.

(7) Before determining the amount to be paid, every person interested shall be given an opportunity to state his case as to the amount to be paid to him.

(8) The competent authority shall dispose of every case for determination of the amount to be paid as expeditiously as possible and in any case within such period as may be prescribed.

(9) Any claim or liability enforceable against any vacant land which is deemed to have been acquired, under sub-section (3) of section 11 may be enforced only against the amount payable under this section in respect of such land and against any other property of the owner of such land.

Section 13. Constitution of Urban Land Tribunal and appeal to Urban Land Tribunal

13. Constitution of Urban Land Tribunal and appeal to Urban Land Tribunal.- (1) The State Government may, by notification in the Tamil Nadu Government Gazette, constitute one or more Urban Land Tribunal or Tribunals.

(2) The Tribunal shall consist of a sole member who shall be an officer of the rank of a Member of the Board of Revenue^*.

(3) The Tribunal shall have jurisdiction over such area as the State Government may, by notification in the Tamil Nadu Government Gazette, specify.

(4) If any person is aggrieved by an order of the competent authority under section 12, he may, within ninety days of the date on which the order is communicated to him, prefer an appeal to the Tribunal having jurisdiction over the area in which the vacant land (in relation to which the amount has been determined) is situated or where such land is situated, within the jurisdiction of more than one Tribunal to the Tribunal having jurisdiction over the area in which a major part of such land is situated or where the extent of such land situated within the jurisdiction of two or more Tribunals is equal, to any of those Tribunals:

Provided that the Tribunal may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(5) In deciding appeals the Tribunal shall exercise all the powers which a civil court has and follow the same procedure which a civil court follows in deciding appeals against the decree of an original court under the Code of Civil Procedure, 1908 (Central Act V of 1908).

Section 14. Disputes regarding the right to receive the amount

14. Disputes regarding the right to receive the amount.- (1) In the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in section 12, the competent authority or the Tribunal, as the case may be, shall refer the matter to the court and shall make the disbursements in accordance with the decision of the court.

(2) In deciding a dispute referred to it by the competent authority or the Tribunal under sub-section (1), the jurisdiction of the court shall be limited to the decision as to the right of a person to receive the whole or any part of the amount referred to in section 12 but such court shall have no jurisdiction to go into the question of the correctness of the determination or the adequacy of the amount.

(3) Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) applicable to appeals from original decrees, and notwithstanding any thing to the contrary in any enactment for the time being in force, an appeal shall only lie to the High Court from any decision of the court under sub-section (1).

Explanation.- For the purposes of this section, "court" means-

(i) in the City of Madras, the City Civil Court;

(ii) elsewhere, the Subordinate Judge's Court having jurisdiction and if there is no such Subordinate Judge's Court, the District Court having jurisdiction.

Section 15. Revision by High Court

15. Revision by High Court.- An application for revision from any party aggrieved, including the State Government, shall lie to the High Court within the prescribed period, from any order passed on appeal by the Tribunal, on any of the following grounds, namely:-

(a) that it exercised a jurisdiction not vested in it by law; or

(b) that it failed to exercise a jurisdiction so vested; or

(c) that it acted in the exercise of its jurisdiction illegally or with matetial irregularity.

Section 16. Mode of payment of mount

16. Mode of payment of mount.- (1) The State Government shall, within a period of six months from the date of the order of the competent authority determining the amount to be paid under section 12, or, in a case where an appeal has been preferred against such order under section 13 or where a revision has been preferred under section 15, within a period of six months from the date of the final order of the appellate or revisional authority, pay the amount referred to in section 12 to the person or persons entitled thereto.

(2) Twenty-five per cent of the amount or twenty-five thousand rupees, whichever is less, shall be paid in cash forthwith and the balance shall, during a period of fifteen years, be paid in cash in equal annual instalments carrying an interest at the rate of six per cent per annum with effect from the date on which the vacant land is deemed to have been, acquired by the State Government under sub-section (3) of section 11.

Section 17. Ceiling limit on future acquisition by inheritance, bequest or by sale in execution of decrees, etc.

17. Ceiling limit on future acquisition by inheritance, bequest or by sale in execution of decrees, etc.- (1) If, on or after the commencement of this Act, any person acquires by inheritance, settlement or bequest from any other person or by sale in execution of a decree or order of a civil court or of an award or order of any other authority or by purchase or otherwise any vacant land the extent of which together with the extent of vacant land, if any, already held by him exceeds in the aggregate the ceiling limit, then, he shall, within such period as may be prescribed, file a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed of all the vacant lands held by him and also specifying the vacant lands within the ceiling limit which he desires to retain.

(2) The provisions of sections 7 to 16 (both inclusive) shall, so far as may be, apply to the statement filed under this section and to the vacant land held by such person in excess of the ceiling limit.

Section 18. Power to enter upon any vacant land

18. Power to enter upon any vacant land.- The competent authority or any person acting under the orders of the competent authority may, subject to any rules made in this behalf and at such reasonable time as may be prescribed, enter upon any vacant land or any other land on which there is a building with such assistance as the competent authority or such person considers necessary and make survey and take measurements thereof and do any other act which the competent authority or such person considers necessary for carrying out the purposes of this Act.

Section 19. Penalty for concealment, etc., of particulars of vacant land

19. Penalty for concealment, etc., of particulars of vacant land.- (1) If the competent authority, in the course of any proceedings under this Act, is satisfied that any person has concealed the particulars of any vacant land or of any other land on which there is a building, whether or not with a dwelling unit therein, held by him or furnished inaccurate particulars of such land or of the user thereof, it may, after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, a sum which shall not be less than, but which shall not exceed twice, the amount payable under this Act in respect of the vacant land or of such other land or both, as the case may be, in respect of which the particulars have been concealed or in respect of which inaccurate particulars as aforesaid have been furnished.

(2) Any amount payable under this section, if not paid, may be recovered, as if it were an arrear of land revenue.

Section 20. Chapter not to apply to certain vacant lands

20. Chapter not to apply to certain vacant lands.- (1) Subject to the provisions of sub-sections (2) and (3) nothing in this Chapter shall apply to any vacant land held by-

(i) the Central Government or any State Government, or any local authority or any corporation established by or under a Central or Provincial or State Act or any Government company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956):

(ii) any military, naval, or air force institution;

(iii) any bank;

Explanation.- In this clause, "bank" means any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949) and includes-

(a) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);

(b) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);

(c) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);

(d) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);

(e) the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948 (Central Act 15 of 1948), the Life Insurance Corporation of India, established under the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956), the Unit Trust of India, established under the Unit Trust of India Act, 1963 (Central Act 52 of 1963), the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964), the Industrial Credit and Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the State Government may, by notification in the Tamil Nadu Government Gazette, specify in this behalf;

(iv) any public charitable or religious trust (including wakf) and required and used for any public charitable or religious purposes;

Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust.

Explanation.- For the purposes of this clause,-

(1) "public charitable or religious trust", means a trust for a public purpose of charitable or religious or of an educational nature and includes-

(i) any charitable or educational institution of a public nature; and

(ii) any temple, math, mosque, church or other place by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship;

(2) "charitable purpose" includes relief of the poor, medical relief and the advancement of any other object of general public utility, not involving the carrying on of any activity for profit;

(v) any co-operative society, being a land mortgage bank or a housing co-operative society, registered or deemed to be registered under any law relating to co-operative societies for the time being in force:

Provided that the exemption under this clause, in relation to a land mortgage bank, shall not apply to any vacant land held by it otherwise than in satisfaction of its dues;

(vi) any such educational, cultural, technical or scientific,-

(i) institution; or

(ii) club;

not being a Corporation established by or under a Central or Provincial or State Act referred to in clause (i) or a society referred to in clause (vii) as may be approved for the purposes of this clause by the State Government by general or special order, on application made to it in this behalf by such institution or club or otherwise:

Provided that no approval under this clause shall be accorded by the State Government unless the State Government is satisfied that it is necessary so to do having regard to the nature and scope of the activities of the institution or club concerned, the extent of the vacant land required bona fide for the purposes of such institution or club and other relevant factors;

(vii) any society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or under any other corresponding law for the time being in force and used for any non-profit and non-commercial purpose;

(viii) a foreign State for the purposes of its diplomatic and consular missions or for such other official purposes as may be approved by the State Government or for the residence of the members of the said missions;

(ix) the United Nations and its specialized agencies for any official purpose or for the residence of the members of their staff;

(x) any international organisation for any official purpose or for the residence of the members of the staff of such organisation:

Provided that the exemption under this clause shall apply only if there is an agreement between the Government of India and such international organisation that such land shall be so exempted.

(2) The provisions of sub-section (1) shall not be construed as granting any exemption in favour of any person, other than an authority, institution or organisation specified in sub-section (1), who possesses any vacant land which is owned by such authority, institution of organisation or who owns any vacant land which is in the possession of such authority, institution or organisation:

Provided that where any vacant land which is in the possession of such authority, institution or organisation, but owned by any other person is, declared as excess vacant land under this Chapter, such authority, institution or organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government on the same terms and conditions subject to which it possessed such land immediately before such declarations.

Explanation.- For the purposes of this sub-section, the expression "to possess vacant land" means to possess such land either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.

¹[(3) Notwithstanding anything contained in any law for the time being in force,-

(a) no public charitable or religious trust (including wakf) referred to in clause (iv) of sub-section (1) holding any vacant land in excess of the extent of land which excess land such trust would not have been entitled to hold but for the exemption under this section shall transfer any such excess land or part thereof by way of sale, mortgage, gift, lease or otherwise and any transfer of such excess land or part thereof in contravention of the provisions of this clause shall be null and void;

(b) if, at any time, the land held by such public charitable or religious trust (including wakf) referred to in clause (iv) of sub-section (1) ceases to be required and used for any public charitable or religious purposes, the provisions of this Act shall, with immediate effect, apply to such land and accordingly any vacant land in excess of the extent of land which excess land such trust would not have been entitled to hold but for the exemption under the said clause (iv), shall be acquired by the Government in accordance with the provisions of this Chapter;

Provided that the expression "commencement of this Act" in this Chapter shall be construed as the date on which the land ceases to be required and used for any public charitable or religious purposes.]

Section 21. Power to exempt

21. Power to exempt.- (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter,-

(a) where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the purpose for which such land is being or is proposed to be used and such other relevant factors as the circumstances of the case may require, it is necessary or expedient in the public interest so to do, the State Government may, by order, exempt ¹[whether prospectively or retrospectively and] subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter;

(b) where any person holds vacant land in excess of the ceiling limit and the State Government either on its own motion or otherwise, is satisfied that the application of the provisions of this Chapter would cause undue hardship to such person, the State Government may, by order, exempt ¹[whether prospectively or retrospectively and] subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter;

Provided that no order under this clause shall be made unless the reasons for doing so are recorded in writing.

(c) Where any person holds vacant land in excess of the ceiling limit and where in respect of such excess land the State Government or the Central Government or any company or corporation owned or controlled by the Central or State Government or any educational or medical institution has entered into an agreement before the commencement of this Act for sale of such excess vacant land or part thereof and the State Government either on its own motion or otherwise is satisfied that such agreement is for the benefit of the State Government or the Central Government or such company or corporation or institution, as the case may be, and that the transaction is bona fide, the State Government may, by order, subject to such conditions, if any, as may be specified in the order, exempt ¹[whether prospectively or retrospectively; such vacant land or part thereof as the case may be, from the provisions of this Chapter.

(2) If at any time the State Government is satisfied that any of the conditions subject to which any exemption under clause (a), clause (b) or clause (c) of sub-section (1) is granted is not complied with by any person, it shall be competent for the State Government to withdraw, by order, such exemption after giving a reasonable opportunity to such person for making a representation against the proposed withdrawal and thereupon all the provisions of this Chapter shall apply accordingly.

Section 22. Excess vacant land not to be treated as excess in certain cases

22. Excess vacant land not to be treated as excess in certain cases.- (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling unit (each such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State Government may, by notification, in the Tamil Nadu Government Gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this Chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed including a condition as to the time limit within which such dwelling units are to be constructed.

(2) Where any person contravenes any of the terms or conditions subject to which the permission has been granted under sub-section (1) the competent authority shall, by order, and after giving such person an opportunity of being heard, declare such land to be excess land and thereupon all the provisions of this Chapter shall apply accordingly.

Section 23. Retention of vacant land under certain circumstances

23. Retention of vacant land under certain circumstances.- (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where any person has demolished wholly or partly before the commencement of this Act, or demolishes wholly or partly after such commencement, any building on any land held by him or any such building is destroyed or demolished wholly or partly either before or after such commencement, solely or partly due to natural causes and beyond the control of human agency and as a consequence thereof, in each such case, the land on which such building has been constructed becomes vacant land and the aggregate of the extent of such land and the extent of any other vacant land held by him exceeds the ceiling limit, then, he shall, within such time as may be prescribed file a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed, of all the vacant lands held by him.

(2) Where, on receipt of a statement under sub-section (1) and after such inquiry as the competent authority may deem fit to make, the competent authority is satisfied that the land which has become vacant land is required by the holder for the purpose of redevelopment in accordance with the master plan, such authority may, subject to such conditions and restrictions as it may deem fit to impose, permit the holder to retain such land in excess of the ceiling limit for such purpose and where the competent authority is not so satisfied and does not so permit, the provisions of sections 7 to 16 (both inclusive) shall, so far as may be, apply to the statement filed under sub-section (1) and to the vacant land held by such person in excess of the ceiling limit.

Section 24. Disposal of vacant land acquired under the Act

24. Disposal of vacant land acquired under the Act.- (1) It shall be competent for the State Government to allot, by order, in excess of the ceiling limit any vacant land which is deemed to have been acquired by the State Government under this Act or which has been, or is, acquired by the State Government under any other law, or which otherwise belongs to the State Government, to any person for any purpose relating to, or in connection with, any industry or for providing residential accommodation of such type as may be approved by the State Government to the employees of any industry and it shall be lawful for such person to hold such land in excess of the ceiling limit.

Explanation.- For the purposes of this section,-

(a) where any land with a building has been or is acquired by the State Government under any other law and such building has been subsequently demolished by the State Government, then, such land shall be deemed to be vacant land acquired under such other law;

(b) ‘industry’ means any business, profession, trade, undertaking or manufacture.

(2) In making an order of allotment under sub-section (1), the State Government may impose such conditions as may be specified therein including a condition as to the period within which the industry shall be put in operation or, as the case may be, the residential accommodation shall be provided for:

Provided that if, on a representation made in this behalf by the allottee, the State Government is satisfied that the allottee could not put the industry in operation, or provide the residential accommodation, within the period specified in the order of allotment, for any good and sufficient reason, the State Government may extend such period to such further period or periods as it may deem fit.

(3) Where any condition imposed in an order of allotment is not complied with by the allottee, the State Government, shall, after giving an opportunity to the allottee to be heard in the matter, cancel the allotment with effect from the date of the non-compliance of such condition and the land allotted shall revest in the State Government free from all encumbrances.

(4) Where any vacant land which is in the possession of any person for any purpose relating to, or in connection with, any industry but owned by any other person, is declared as excess vacant land under this Chapter, such person in possession of such vacant land shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government under such terms and conditions as may be fixed by the State Government.

Explanation.- For the purposes of this sub-section,-

(i) the expression "to possess vacant land" shall have the same meaning as in the Explanation under sub-section (2) of section 20;

(ii) the expression "industry" shall have the same meaning as in clause (b) of the Explanation under sub-section (1).

(5) Notwithstanding anything contained in the foregoing provisions of this section, any vacant land deemed to have been acquired by the State Government under this Act or which has been, or is, acquired by the State Government under any other law or which otherwise belongs to the State Government shall be disposed of in any manner whatsoever (including sale by auction or otherwise) by the State Government to subserve common good on such terms and conditions as the State Government may deem fit to impose and it shall be lawful for any person in whose favour such land has been disposed of to hold such land in excess of the ceiling limit so long as he complies with such terms and conditions.

(6) Notwithstanding anything contained in sub-sections (1) to (5), where the State Government is satisfied that it is necessary to retain or reserve any vacant land, deemed to have been acquired by that Government under this Act, for the benefit of the public, it shall be competent for the State Government to retain or reserve such land for the same.

Section 25. Special provision regarding disposal of vacant lands in favour of certain persons

25. Special provision regarding disposal of vacant lands in favour of certain persons.- (1) Notwithstanding anything contained in section 24 where any person, being the owner of any vacant land, had leased out or mortgaged with possession such land or had given possession of such land under a hire-purchase agreement to any other person and as a consequence thereof he has no vacant land in his possession or has vacant land in his possession less in extent than the ceiling limit and where the land so leased or mortgaged or given possession of is deemed to have been acquired by the State Government under this Chapter, then, such person shall be entitled to make an application to the State Government in such form and containing such particulars as may be prescribed within a period of six months from the date of such acquisition for the assignment to him,-

(a) in a case where he has no land in his possession, of so much extent of land as is not in excess of the ceiling limit; or

(b) in a case where he has land in his possession less in extent than the ceiling limit, of so much extent of land as is required to make up the deficiency;

Provided that nothing in this sub-section shall be deemed to entitle a person for the assignment of land in excess of the extent of the land leased or mortgaged with possession or given possession under a hire-purchase agreement as aforesaid by such person.

(2) On receipt of an application under sub-section (1), the State Government shall, after making such inquiry as it deems fit, assign such land to such person on payment of an amount equal to the amount which has been paid by the State Government for the acquisition of the extent of land to be assigned.

Section 26. Definition

Chapter-IV - Regulation of use of Urban Property

CHAPTER IV

Regulation of use of Urban Property

26. Definition.- In this Chapter, "plinth area" in relation to-

(i) a dwelling unit in a building consisting of only one floor, means the area of the dwelling unit at the floor level and includes the thickness of the outer walls thereof;

(ii) a dwelling unit in a building consisting of two or more floors, means the area of the dwelling unit at each floor level where the dwelling unit is proposed to be situated and includes the thickness of the outer walls thereof and the proportionate area intended for any common service facility at the floor level aforesaid.

Explanation.- For the purpose of this clause, "common service facility", includes facility like staircase, balcony and verandah.

Section 27. Statement to be made before the registering authority in certain cases

27. Statement to be made before the registering authority in certain cases.- (1) No document relating to transfer of any vacant land either by sale, gift, exchange, lease, possessory mortgage, surrender, agreement, settlement, or otherwise, shall be registered unless a statement in writing is made in duplicate in such form as may be prescribed and filed by the transferor and the transferee before the registering authority under the Registration Act, 1908 (Central Act XVI of 1908), as to the total extent of vacant land held by him:

Provided that no statement as required under this sub-section need be filed by the transferor and the transferee to the registering authority in respect of such document as is referred to in this sub-section which has been presented to the registering authority before the commencement of this Act and is pending registration on the date of the publication of this Act in the Tamil Nadu Government Gazette.

(2) The registering authority referred to in sub-section (1) shall forward within such time and in such manner as may be prescribed, one copy of the statement referred to in sub-section (1) to the competent authority, within whose jurisdiction such land which is the subject-matter of the transfer or the major part thereof is situated.

(3) On receipt of the copy of the statement under sub-section (2), the competent authority may obtain such information as may be necessary and take such action as he deems fit in accordance with the provisions of this Act, and in accordance with such rules as may be made in this behalf.

Section 28. Regulation of construction of buildings with dwelling units

28. Regulation of construction of buildings with dwelling units.- No person shall construct any building with a dwelling unit having a plinth area,-

(a) where the building proposed to be constructed is situated in an urban agglomeration falling within category I specified in Schedule I, in excess of three hundred square metres;

(b) where the building proposed to be constructed is situated in an urban agglomeration falling within category II or category III specified in Schedule I, in excess of five hundred square metres:

Provided that nothing in this section shall apply to any building with a dwelling unit owned by the State Government or Central Government or any Company or Corporation owned or controlled by the Central or State Government.

Section 29. Demolition and stoppage of buildings in certain cases and appeal

29. Demolition and stoppage of buildings in certain cases and appeal.- (1) Where the construction of a building is commenced after the commencement of this Act and is carried on and completed in contravention of the provisions of section 28, the competent authority having jurisdiction over the area in which the building is situated, may make an order directing that such construction shall be demolished, either wholly or partly, or modified by the person at whose instance the construction has been commenced and is being carried on and completed, to the extent such demolition or modification does not contravene the provisions of that section, within such period (not being less than fifteen days and more than thirty days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order for the demolition or modification:

Provided that no order for the demolition or modification shall be made unless the person has been given by means of a notice served in such manner as the competent authority may think fit a reasonable opportunity of showing cause why such order shall not be made:

Provided further that, where the construction has not been completed, the competent authority may, by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the construction until the expiry of the period within which an appeal against the order for the demolition or modification, if made, may be preferred under sub-section (2):

Provided also that nothing in this sub-section shall apply to any building constructed after the commencement of this Act in pursuance of a plan approved before the commencement of this Act by the appropriate authority under any law in force.

(2) Any person aggrieved by an order of the competent authority made under sub-section (1) may prefer an appeal against the order to the Tribunal having jurisdiction over the area in which the building is situated within the period specified in the order for the demolition or modification of the construction to which it relates.

(3) Where an appeal is preferred under sub-section(2) against the order for the demolition or modification the Tribunal may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit:

Provided that, where the construction of any building has not been completed at the time of the making of the order for the demolition or modification, no order staying the enforcement of the order for the demolition or modification shall be made by the Tribunal unless security, sufficient in the opinion of the Tribunal, has been given by the appellant for not proceeding with such construction pending the disposal of the appeal.

(4) The provisions of sub-section (5) of section 13 and of section 15 shall apply to or in relation to an appeal preferred under sub-section (2) as they apply to or in relation to an appeal preferred under sub-section (4) of section 13.

(5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the competent authority to restrain it from taking any action or making any order in pursuance of the provisions of this section.

(6) Where no appeal has been preferred against an order for the demolition or modification made by the competent authority under sub-section (1), or where an order for the demolition or modification made by the competent authority under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Tribunal or the High Court on appeal or revision, as the case may be and on the failure of the person to comply with the order within such period, the competent authority may himself cause the construction to which the order relates to be demolished or modified and the expenses of such demolition or modification shall be recoverable from such person as an arrear of land revenue.

Section 30. State Government to transfer certain vacant lands acquired under the Act to the Central Government

Chapter-V - Transfer of vacant lands acquired under the Act to the Central Government

CHAPTER V

Transfer of vacant lands acquired under the Act to the Central Government

30. State Government to transfer certain vacant lands acquired under the Act to the Central Government.- Where any vacant land, situated within the local limits of a cantonment, declared as such under the Cantonments Act, 1924 (Central Act 2 of 1924), or owned by the Central Government is deemed to have been acquired by the State Government under section 11, then, in such case, the State Government shall inform the Central Government of such acquisition and if the Central Government makes the request for the transfer of such vacant land to it, the State Government shall do so on payment by the Central Government of an amount equal to the amount which has been paid by the State Government for such acquisition.

Section 31. Powers of competent authority

Chapter-VI - Miscellaneous

CHAPTER VI

Miscellaneous

31. Powers of competent authority.- The competent authority shall have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents; and

(f) any other matter which may be prescribed.

Section 32. Jurisdiction of competent authorities and Tribunals in special cases

32. Jurisdiction of competent authorities and Tribunals in special cases.- Where under sub-section (2) of section 8, the State Government determines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals is equal, an appeal has been preferred to any one of the Tribunals under sub-section (4) of section 13, then, such competent authority or Tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the competent authority or the appeal before the Tribunal relates, is not situated within the area of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.

Section 33. Appeal

33. Appeal.- (1) Any person aggrieved by an order made by the competent authority under this Act, not being an order under section 12 or an order under sub-section (1) of section 29, may, within thirty days of the date on which the order is communicated to Mm, prefer an appeal to such authority as may be prescribed (hereafter in this section referred to as the appellate authority):

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.

(3) Every order passed by the appellate authority under this section shall be final.

Section 34. Revision by State Government

34. Revision by State Government.- The State Government may, on its own motion, call for and examine the records of any order passed or proceeding taken under the provisions of this Act against which no appeal has been preferred under section 13 or section 29 or section 33 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:

Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.

Section 35. Bar of jurisdiction

35. Bar of jurisdiction.- Save as otherwise provided in this Act, no order passed or proceeding taken by any officer or authority under this Act shall be called in question in any court, in any suit or application and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this Act.

Section 36. Power of State Government to issue orders and directions to the competent authority

36. Power of State Government to issue orders and directions to the competent authority.- The State Government may issue such orders and directions of a general character as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and direction.

Section 37. Returns and reports

37. Returns and reports.- The competent authority shall furnish to the State Government such returns, statistics, accounts and other information as the State Government may, from time to time, require.

Section 38. Delegation of powers

38. Delegation of powers.- The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act except the power to make rules under section 47 and the power to issue notification under sub-clause (ii) of clause (n) of section 3 and section 48 may in such circumstances and under such conditions, if any, as may be specified in the notification be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.

Section 39. Offences and punishments

39. Offences and punishments.- (1) If any person who is under an obligation to file a statement under this Act fails, without reasonable cause or excuse, to file the statement within the time specified for the purpose, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

(2) If any person who, having been convicted under sub-section (1), continues to fail, without reasonable cause or excuse, to file the statement he shall be punishable with fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

(3) If any person who is under an obligation to file a statement under this Act files a statement which he knows or has reason to believe to be false, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

(4) If any person contravenes any of the provisions of this Act for which no penalty has been expressly provided for, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

Section 40. Offences by companies

40. Offences by companies.- (1) Where an offence under this Act has been Committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section,-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm, means a partner in the firm.

Section 41. Indemnity

41. Indemnity.- No suit or other legal proceeding shall lie against the State Government or any officer or authority of the State Government in respect of anything which is in good faith done or intended to be done by or under this Act.

Section 42. Cognizance of offences

42. Cognizance of offences.- No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by the competent authority or any officer authorised by the competent authority in this behalf and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first-class shall try any such offence.

Section 43. Act to override other laws

43. Act to override other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority.

Section 44. Court fees

44. Court fees.- Notwithstanding anything contained in the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), every application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may be prescribed.

Section 45. Certain officers to be public servants

45. Certain officers to be public servants.- Every officer acting under, or in pursuance of, the provisions of this Act or under the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

Section 46. Correction of clerical errors

46. Correction of clerical errors.- Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority either on his or its own motion or on an application received in this behalf from any of the parties.

Section 47. Power to make rules

47. Power to make rules.- (1) The State Government may, by notification in the Tamil Nadu Government Gazette, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the cultivation or growing of plant which will not be agriculture under clause (A) of the Explanation to clause (o) of section 3;

(b) the period within which the statement may be filed under section 7;

(c) the form of intimation under sub-section (2) of section 8;

(d) the particulars to be mentioned in the statement referred to in sub-section (1) of section 7, sub-section (2) of section 9 and sub-section (1) of section 17;

(e) the manner of serving the draft statement under sub-section (4) of section 9;

(f) the manner of publishing the notification under sub-section (1) of section 11;

(g) the time within which the competent authority shall dispose of a case under sub-section (8) of section 12;

(h) the times during which the competent authority or any person acting under the orders of such authority may enter upon any vacant land under section 18;

(i) the time within which and the form and the manner in which a declaration under sub-section (1) of section 22 shall be made before the competent authority;

(j) the terms and conditions subject to which a person permitted under sub-section (1) of section 22 may hold land in excess of the ceiling limit;

(k) the particulars to be mentioned in the statement referred to in sub-section (1) of section 23;

(l) the form in which an application under sub-section (1) of section 25 may be made and the particulars to be mentioned in such application;

(m) the powers of the competent authority under clause (f) of section 31;

(n) the appellate authority under sub-section (1) of section 33;

(o) the value of the court-fee stamp to be affixed on an application, appeal, or other proceeding under section 44;

(p) any other matter which is to be, or may be, provided for by rules under this Act.

(3) Every rule made under this Act shall, as soon as possible, after it is made, be placed or, the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule 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.

Section 48. Inclusion of any adjoining area in Schedule I

48. Inclusion of any adjoining area in Schedule I.- (1) The State Government may, after taking into account the object of this Act and such other matters as may be prescribed, by notification in the Tamil Nadu Government Gazette include any area adjoining the area comprised in the urban agglomeration specified in category I, II or III in Schedule I in such urban agglomeration and on the issue of such notification, the provisions of this Act shall apply to the adjoining area specified in such notification.

(2) For the purposes of application of this Act, in respect of any such adjoining area included under sub-section (1) in the urban agglomeration specified in category I, II or III in Schedule I, "commencement of this Act" shall mean the date of publication of the notification under sub-section (1) in the Tamil Nadu Government Gazette.

Section 49. Power to amend Schedule III

49. Power to amend Schedule III.- The State Government may, by notification, amend prospectively or retrospectively Schedule III.

Section 50. Power to remove difficulties

50. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the date of publication of this Act in the Tamil Nadu Government Gazette.

Section 51. Repeal and Saving

51. Repeal and Saving.- (1) The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1976 (President's Act 34 of 1976) (hereinafter referred to as the said Act), is hereby repealed.

(2) Notwithstanding such repeal anything done or any action or proceeding taken under the said Act including any notification issued, rules and orders issued, returns furnished and statements filed or served in so far as they are not inconsistent with the provisions of this Act shall be deemed to have been done, taken, issued, filed or published under this Act.

(3) Notwithstanding anything contained in sub-section (2) and in section 8 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891), any statement filed by any person before the competent authority, or any statement served or notification published by any competent authority and all proceedings taken for the purpose of the determination of excess vacant land under the provisions of the said Act in so far as they relate to such persons who are not holding vacant land in excess of the ceiling limit fixed under this Act, shall be deemed to have never been filed, served, published or taken and the provisions of this Act shall have effect accordingly.