DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Acquisition of Hoardings Act, 1985
Act 39 of 1985
Keyword(s):
Hoarding, Local Area, Private Place, Public Place
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[Regii'tered No, n-I [Price : 45 Paise
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T A M I L NADLI
G O V E R N M E N T GAZETTE
PUCLISkIED BY AUTHORITY - --
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NO. 2971 MADRAS, FRIDAY, AUGUST 2, 1985
AAD! 18, KUHOTHANA, THLRUVALLUVAR A R D ' -2016
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' Part IV-Sectiob ?
@ * a Tamil Nadu Acts and Ordinan- - - - - 'The following Act oi the Tamil Nadu Legislature received the assent of the President on the 31st July 1985 anld is hereby published for general information:- ,
ACT NG. 39 OF i98-5.
,4n Act to provide for the acquisition of the right, title and interest,ll
ir? hoardings and to prevent huphaznrd growth of hoardings and
for matters incidental thereto.
LVfIETIEAS thcre has been in the recent past haphazard growth of hoardings in different places which leads tc traffic hazards and num- erous accidents ;
AND WHEIiEAS it is necessary that hoardings should be put up only in convenient and select, places ;
AND WT-IEKEAS for achieving that objrctive it is necessary that only the (iovernment o r such other autlioritics as may be autho- rtsed by tilt Govcrnrncnl slioultl alone c~ec t , hoartlings at such can-
\8cnlc~it ancl \clcct ,?laces :
* ( A Group) 1t'-2 Ex, (297)-1 [20l]
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ETTE .EXTlZAORDINARY 20
tc: be a local area for. the purposes of this Act.;
(g) " person interested " in relation lo any hoarding inclu
(h) " private plrice :e" means any place other than a (i] " public place " means any place (including street or. way, whether a thoroughfare. or not, .and a landing p which thc public are granted access, or have a right to. resort which Iliey have a right to pass.
the commencement of this Act in any local area. all ho zxistence on the date of such commencemeilt in such local area ihc right, title and interests of any person in relaticn to boiirctings, shall stand transferred to and vest in the Governm 3 public purpose free from all enctmlbrances.
43) If any question arises whether any hoarding was in tencc on the date of' the commence~nent of this Act in sriy . 1 area, the burden of proving such question shall lie, on the who daims to be a person interested in respect of sucl: hoardi
5. Principles anti method of determining the amounl payaPii :/w 1lnarding.--(I) For the vesting of the hoarding under sec t io~~ cvcry person irilerested shall be entitled t,o receive such amount- ,nay hc tlctcsmincd in the manner Ilereinaftcr set out,, that is t ( 1 1 ) wllere the nrnoun,t can be fixcd by agreement, it shall 6 3 ~i i r r i~r:c-ortl;llic:e wilh s l~cl i agreement ;
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'I'AitXIL NADU GOT
(4) Where any person aggrieved by an award has pieferr appeal under section 8, eighty per cent, of the amount as det by the award of the arbitrator shaU be paid within a period of t a7o:lths from the date of the award, and the balance 'amount, if aa due in accordance with the order of the Tributlal under section 8_sh
be paid within a period of three months from the date of such ord
8. Appeal from atvards in reipect of amount.--(1) Any pers aggrieved by an award may prefer an appeal to the: Tribunal.
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(2) 'The Government may constitute as Illany 'Tribunals as ma \ ~ e necessary for the purposes of this Act.
(3) 'The T~ibunal shall consist of one person only who shal be a judicial officer not below the rank of a Suborclitlata Juuge.
9< Powers of the shall after- .B
(i) giving the parties an opportunity of making their repr sentations :
( j i ) making if necessary, such enquiry as it deems Bt; an
(iii) considering all the circumstances of the case,
10. Time for. appeal.-No appeal under section 8 shall be pre ferred alter the expiry of thirty days from the date on which the award appealed against was received by the appellant:
Provided that the Tribunal may in its discretion allow further time not exceeding thilirty days for preferring iiny such appeal if .ft- sat,isfied that thc appellant had sufficient cause for not prefening nppeal in time.
11. Arbitrator to ltnve certain powers Oj civii courat.-The trator while holding arbitrati~~n proceedings under this Act shall' all the powers of a civil cuur.i vvhile trying a suit under the Co Civil Proccdurc, 1908 (Central Act V of 1908) in respect of the f in:; matters, namely :-
fa) surn~~ionimg'hnd enforcing the attendance of any 2:nd examitling liiln on oath,
(i;) rcciuirin? h e discovery and ~~rocluction of anv do or r,f!lr7r ~.n:rlc*r'inl object which i s ~~~~odtlcible as cvidcnce,
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rder, may after reasonable notice en~ter any premises and : Sqrvide of. ard& and gqt&es.-(I) Subject to the provisions $&tion, and any ruk; that bay be made under this Act, every --oi notice made or issued under this Act shall,-'
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b.
PE , . N sub k o v h j i ~ i c l ~ ~ ~ G A ~ ~ E T ~ I ~ ~ , .Bx'I'BAoRDI~S
rule 2 of Order be, in the First Sichedui'e to the Codo of Civil Procedure, 1 AC'; V of 1908) ; and
(i) by delivering or tendering it to that person, or
(ii) if it cannot be so delivered or tendered by d tendering it to any officer of such pe,~son or any adult male the family of such person, or by arlixing a copy thereof on door cr on some conspicuous part of the premises in wh son is known to have last resided or carried, on business wcirked for gain; or failing serki'ce by these means,
(iii) by po,st. > order or notice may be served, by publishing it in the Ciovernment Gazette, and where possible, by affixing a on any conspicuous part o'f the hoarding.
iG. I'rotectio.n o f action taken in good faith.-(1) No sect!tion or other legal proceeding shall lie against any perso t.hing which is in good faith done or intended to be done i
01: this Act or any rule or order rnade thereunder.
(2) No suit or other legal proceeding shall lie against th
Ciovcrnnient,, us any other officer for any damage caused or likely I K c a ~ ~ s c t i hy n~lythilxg which is ir good faith done or intended to c l ~ n i : in pi~rsuoncc ol this Act or any :rule or order made the lirlcfer.
I;. /lm of jurisdiction of civil courts.-Save as otherwise e
nrcssly pro\/icled in this Act, no civil court sh~11 have jurisdict,Ton 1
1-cspect of' a n y matter which the Government are, or an arbitrator. Au,thol:ised Otticer is, empowerad by or under this ,Act to det ;~ r i c l no injunction shill be granted by any court or other auth respect of' any action taken or to b& takcn in pu.{suance of any po c:oufcrrcd by or. under this Act.
18. Prohihition for erection of: hoardings by any persot] other t
t i ;c Gol.ernlnent, elc.-Nt,witl~standing anything contained 'i
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u:rai City Municipal Corporation Act, 1971 (Tamil of 1971) or the Coinibatore City IvZuni,cipal Corporation mil Nadu Act 25 of 1381) or in any other law for the Penalty ;or ofiences.-Whoever contravenes,- any 9 t h local area' on or after the date appointed cation issued under sub-section (3) of section 1 in relation of 'this Act or any rule or order rn-ade under this Act, the lawful exercise oE any power conferred by or under dl be punished with imprisonment for a term which may years or with fine. or with both.
panjei.-(lj Where offence under this Act a comp-any, every penon who, .at the time his sub-section shall render
t, if he proves that the offence
olr that he had exe r~ i~ed . all
on of such offence.
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(b) the principles to be foollowed hi apportioning t the proceedings before the arbitrator and. an appeal r:3
(c) the manner of service of notices and orders
(d) any other matter which has to be, or mky be,
(3) All rules made under this Act shall be publislied
Tarnil Nudu Government Gazette and unless they are .expres coine into force on a particular day, shill- come into forc on which they are so published.
(4) Every rule made under this Act shall, as soon a after it is made, be placed on the table of both Houses of the:
ture, and if, before the expiry d the session in which it i or the next session, both Houses agree in makihg any mo any s ~ c h rule or both I4ouses agree that the rule should not the rule shall thereafter have effect only in such modified fo of no effect, as t3e case may be, so however, that ally such tion or annulment shall be witl~out prejudice to the valid thing previously done under that rule.
PRINCIPLES FOR DETERMI?lING T'HE
the market value of such hoarding as an the date of ment of this Act.
2. In the case of any lease or licence in respect where the hoarding has been erected or in respect o ' ns of this Act
Provided that ,where any before the date of the c o m e n ted shall be paiil an a m o w
heen derived by the,m for a p this 'Act had not came in10 force
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