Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1996*
| [Tamil Nadu Act No. 40 of 1996] | [19th November, 1996] |
An Act further to amend the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 15th November, 1996 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 586, dated November 19, 1996.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1996.
(2) This section and clause (2) of section 2 shall come into force at once and the rest of this Act shall come into force on such date as the State Government may, by notification, appoint.
2. Tamil Nadu Act 24 of 1978 as subsequently modified to have effect subject to modifications.- The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) (hereinafter referred to as the principal Act), shall have effect as if,-
(1) in section 3,-
(i) clause (a) had been relettered as clause (aa) and before clause (aa) as so relettered, the following clause had been inserted, namely.-
"(a) "appellate authority" means the authority prescribed under sub-section (1) of section 33;";
(ii) after clause (k), the following clause had been inserted, namely:-
"(kk) "Special Appellate Tribunal" means the Special Appellate Tribunal referred to in sub-section (1) of section 13-A;"
(2) after section 13, the following section had been inserted, namely:-
"13-A. Establishment of Tamil Nadu Land Reforms Special Appellate Tribunal to be the special Appellate Tribunal for the purposes of this Act.- (1)(a) The State Government shall, by notification, establish the Tamil Nadu Land Reforms Special Appellate Tribunal constituted under section 77-C of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), as the Special Appellate Tribunal for the purposes of this Act.
(b) The State Government shall consult the Chief Justice of India for adjudication or trial of all disputes or complaints with respect to urban land ceiling matters arising under this Act, by the Chairman, Vice-Chairman or Member of the Tamil Nadu Land Reforms Special Appellate Tribunal:
Provided that before consulting the Chief Justice of India under this clause the State Government may satisfy itself that the Administrative Member in the Tamil Nadu Land Reforms Special Appellate Tribunal holding office as such Member on the date of such consultation had dealt with urban land ceiling measures also during his service in the State Government in any capacity for a period of not less than one year in the aggregate.
(2) For the purposes of this Act, in regard to the Administrative Member of the Special Appellate Tribunal, the provisions of clause (d) of sub-section (4) of section 77-C of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961) shall apply subject to the modification that, for the words "land reform measures" occurring therein, the words "urban land ceiling measures" had been substituted.
(3) The provisions of sections 77-D, 77-E and 77-F of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), as amended from time to time shall, mutatis mutandis, apply to the Special Appellate Tribunal in respect of the matters falling under this Act.";
(3) in section 14, for sub-section (3), the following sub-section had been substituted, namely:-
"(3) Any person aggrieved by any decision of the court under sub-section (1) may, within ninety days of the date on which the decision is communicate to him, prefer an appeal 10 the Special Appellate Tribunal:
Provided that the Special Appellate Tribunal may entertain an 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.";
(4) in section 15, including the marginal heading, for the words "High Court" in two places where they occur, the words "Special Appellate Tribunal" has been substituted;
(5) after section 15, the following sections had been inserted, namely;-
"15-A. Tribunals under Article 323B of the Constitution for urban land ceiling matters.-it is hereby declare that the competent authority referred to in clause (d) of section 3, the Tribunal referred to in clause (m) of section 3, the court referred to in section 14, the appellate authority referred to in clause (a) of section 3, the State Government referred to in section 34 and the Special Appellate Tribunal referred to in clause (kk) of section 3 shall be that hierarchy of Tribunals for purposes of clause (3)(a) of Article 323-B of the Constitution, for adjudication or trial of any dispute or complaint with respect to urban land ceiling matters arising under this Act.
15-B. Special powers of revision by Special Appellate Tribunal.- (1) Notwithstanding anything contained in this Act, the Special Appellate Tribunal may, of its own motion or on application, call for and examine the record of the competent authority, the Tribunal, the court, the appellate authority and the State Government in respect of any proceeding under this Act, to satisfy itself as to the regularity of such proceeding or the correctness or legality or propriety of any decision passed or order made therein, and, if in any case, it appears to the Special Appellate Tribunal that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly:
Provided that every application to the Special Appellate Tribunal for the exercise of the powers under this section shall be made within such period as may be prescribed:
Provided further that the Special Appellate Tribunal may admit an application made after the expiration of the prescribed period it is satisfied that the applicant was prevented by sufficient cause from making the application in time:
Provided also that this section shall not apply to any proceeding of the court or the Tribunal, in respect of which, appeal under sub-section (3) of section 14, or revision under section 15 respectively, lies to the Special Appellate Tribunal.
(2) No order prejudicial to any person shall be passed under sub-section (1), unless such person has been given an opportunity of making his representations.
(6) in section 29, in sub-section (6), for the words "High Court", the words "special Appellate Tribunal" had been substituted;
(7) in section 33, in sub-section (1), the expression "(hereafter in this section ??? to as the appellate authority)" had been omitted;
(8) for section 35, the following sections had been substituted, namely:-
"35. Bar of jurisdiction of all courts except the Supreme Court.- Notwithstanding anything contained in any other law, but save as otherwise provided in this Act, the jurisdiction of all courts, except the jurisdiction of the Supreme Court, is excluded with respect to any matter which is, by or under this Act, featured to be decided or dealt with by the competent authority, the Tribunal, the, court, the appellate authority, the State Government or the Special Appellate Tribunal,
35-A. Bar of writs in High Court.- No writ shall lie in the High Court to set aside or modify any proceeding or order taken or made by the competent authority, the Tribunal, the court, the appellate authority, the State Government or the Special Appellate Tribunal under this Act, or with respect to any other matter which is, by or under this Act, required to be decided or dealt with by the competent authority, the Tribunal, the court, the appellate authority, the State Government or the Special Appellate Tribunal.
35-B. Power to summon persons to give evidence and produce document- (1) The Special Appellate Tribunal, the State Government, the appellate authority, the court, the Tribunal or the competent authority shall have power to summon any person whose attendance such authority considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such authority is making in connection with the adjudication or trial of any dispute or complaint with respect to urban land celling matters arising under this Act.
(2) A summons to produce documents or other things may be for the induction of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned.
(3) All persons so summoned shall be bound to attend either in person or by an authorised agent, as such authority may direct; and all persons so summoned shall be bound to state the truth upon any subject meeting which they are examined or make statements and produce such documents and other things as may be required:
Provided that the exemption under section 132 of the Code of Civil Procedure, 1908 (Central Act V of 1908) shall be applicable to any requisition for attendance under this section.
(4) Every such inquiry as aforesaid shall be deemed to be a judicial proceeding, within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act XLV of 1860).
35-C. Penalty for contravention of order of Special Appellate Tribunal, etc.- Any person who wilfully fails to comply any summons, requirement direction or order issued or made by the Special Appellate Tribunal, the State Government, the appellate authority, the court, the Tribunal, or the competent authority, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.
35-D. Cognizance of offences.- (1) Notwithstanding anything contained in section 42, no court shall take cognizance of any offence punishable under section 35-C, save on complaint made by the State Government or by any officer empowered by the Special Appellate Tribunal in this behalf.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.".
3. Transfer of pending proceedings in the High Court to the Tamil Nadu Land Reforms Special Appellate Tribunal.- (1) All cases connected with the urban land celling dealt with in the principal Act and, pending in the High Court immediately before the date appointed by the State Government under sub-section (2) of section 1 (hereafter in this section referred to as the said date) as would have been within the jurisdiction of the Tamil Nadu Land reforms special Appellate Tribunal if the causes of action on which such proceedings are based had arisen after the said date, shall stand transferred to the Tamil Nadu Land Reforms Special Appellate Tribunal with effect from the said date.
(2) All writ petitions (including any petitions and proceedings relating thereto), connected with, or arising out of proceedings under, the principal Act and pending in the High Court immediately before the said date, shall stand transferred to the Tamil Nadu Land Reforms Special Appellate Tribunal, with effect from the said date and the said writ petitions, petitions and proceedings shall be deemed to be suo motu revision petitions under section 15-B of the principal Act and the Tamil Nadu Land Reforms Special Appellate Tribunal shall pass appropriate orders accordingly.
(3) All writ-appeals (including any petitions and proceedings relating thereto), connected with, or arising out of proceedings, under, the principal Act and pending in the High Court immediately before the said date, shall be heard and disposed of by the High Court, as if this Act had not been passed.