Tamil Nadu act 042 of 1956 : The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956

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1956

Act 42 of 1956 Keyword(s):

Landlord, Person Interested, Premises, Property, Tenant

1

1956 : T.N. Act XLII] Requisitioning and Acquisition 667

of Immovable Pro,perty

THE TAMIL NADU REQUISITIONING AND ACQUI- SITION OF IMMOVABLE PROPET-TY ACT, 1956. '

T ~ I F nw CONTENTS.

Preamble.

SECTIONS.

1. Short titie.

2. Definitions.

3. Power to requisition immovable property. @

P p,

4. Power to take possession of, requisitio-led property

5. Rights over requisitioned property.

6 . Release from requisitioning. i '

7. Power to acquire requisitioned property.

P %

8. Principles and method of determining compensation.

C

9. Payment of compensation. C

10. Appeals from orders of requisitioning.

11. Appeals from awards in respect of compensation. .

12. Competent authority and arbitrator to have certain

powel s of' civil courts.

13. Power to obtain information.

14. Power to enter and inspect.

15. Value of increased efficiency in farming, etc., to be paid to Government on release from requisition.

16. Service of notice and orders.

17. Easement not to be disturbsa.

2

66 8 Requiuisit zoning and A cquisit ion [I 956 : T

of immovable Property

SECTION S .

18. Delegation of powers.

19. protection of action taken in gooJ h i th .

20. Bar of jurisdiction of civil courts.

21. Penalty for o.fences.

22. Certain persons to be public servants.

23. Power to make rules.

24. Power to difficulties.

,N, Act XLET

3

'[TAMIL NADU] A^{~T No.}XU1 OF 1956.. [THE '[TAMIL NADU] REQUISITIONING A D ACQUISITION

OF IMMOVABLE PROPERTY ACT, 19561.

(Received the assent of the President on the 2 1st February 1957; first published in the. Fort St. Gcorp Gazette on the 6tJz Marclz 1957.)

L

A n Act to provide for the requisitioning and acquisition of immovable property for the purposes of the 3[State of Tamil Nadu].

WHBRBAS it is expedient to provide for the requisitioning and acquisition of immovable property for the purposes of the "State of Tamil Nadu].

BE ^it enacted in the Seventh Year of the Republic^of

India as follows: --

1. 6(*) This Act may be called the I [Tamil Nadu] 4[sh,n tit I= .I Requisitioning and Acquisition of Immovable Property Act, 1956,

-- .- -------.-- --I-

IThese words tverc3 substituted for tlie word C'Ma 'd r~" by the Tamil Nadu Adaptation or^~aws Order, 19G9, as amended

by the Tamil Nadu Adaptation oiE Laws (Second Amendment) Order, 1969.

%For Statement of Objects anii Reasons, see Fort St. George Gazette, Part IV-A, Extraordinary, dated the 14th December 1956, page 264.

This Act was extended to: the added territories by section!³ of, and the First Scl~edule td, the Tamil Nadu (Added Terri- tories) Extension d :Laws (NO: 2) Act, I%1 (Tamil Nadu Act

39 of 1961) repealing the corresp'onding law in force in those terr itoriies.

a This expression was substituted for^tEe expressioa " State.^-

of Madras " by the T d l Nadu Adaptatioa of Laws Ordkr, ^{5 '.j jl} . ,

1969, as amended by the Tamil Nadu Adaptation of' Law ^3, . . . t', 2.1.

(Second Amendment) Order, 1x94. a .-^,Z

4 n e s e words were substitptqd:>for the ~vords " Sliort title . &.,,LA &$ti .J $ , "s' $3 ' and duratibfi w. by on 2 '(a) oc t&&; Tamil Nadu Requisition- ing snd:&cc@isitioo^of I d v a b l e , Plroperty (Amendment) Act, 1977:(PiesiQeht's Act ⁶of lflpiLPz -.

sd,Th, brack9ts . akd ^, figure " :(I)? were,omitted by., sec\io& 2 (b), ibid;,

.^*

4

I[( 2) *^rlr * *I

~ofini~ions. 2. In this Act, unless the context otherwise requires,--

(a) "award" means any award of an arbitrator made

under section 8;

(b) "competsnt zuthority" means any person or autho- rity authorised by the Government, by notification, to per-

form the functions of t he competent a~ithority under this^Act

for such area as may be specified in the notification;

(c) 6 6 G ~ ~ e r n m e ~ ~ t " means the St ate Government;

(d) "landlord" means any person who for the time being is receiving,or^is entitled to receive, the rent^of any

property, whether on^his own account, or on account or^on

behalf or for the beneiit, of any other personor as⁸trustee,

pardian or receiver for any other person, or who would so the rent or be emiiltd to recchc tho rcilt i i the pro- perty were let to a tens n t ;

(e) the exprbssion ' - person interestedv' in relation to any porperty, include; all persons claiming. or entitled to claim, an interest in^the cornpeasat i0:2 paynmle ^ota account

of the requisitioning^cc ikcquisition^oI' th:rt property under this Act; (0 cgpremises" means any 4-y:'~'' 12 or prCI o f a build- ing and include3 -

(i) the garden, rounds and out-houscs, if any, apper- taining to such bui.ding or part of a huildiilg;

(ii) any fittings afIixed to such building or part of a

building for the more Sencficial enjoyment thereof;

(g) pro pert!^" means immovable property of every kind and includes ally rights in or over srlch property ;

(h) "tenant" me;\ns any persou by whom or on whose account rent^is payable for any porperty and

includes such sub-tcfl:mts and other pelsons as have derived title under the renant under aiip ^law for tho time

I being in force.

rower to 3. (1) Where the conqbetent authority is of opinion that requisition any property is needed or likely to bc needed for any public immovable purpose, being a purpose ofthe State, and that the propesty

propertyw should be requisitioned, the competent authority-

(a) shall call ~ p o u the owner or any 0^th~~ person

who may be in possession - of the propzrty by notice in -

In sub-sectiod (2) of section 1, tbe words "for s pbriod of twenty years" were sustitufcd for the words "for a period of ten years " by section 2 of the Tamil Nadu Requisitioning and Acquisition ^of Immovable Property (Amendment) A&, 1966 (Tamil Nad. 4.t 24. ^of 1%6)1 *b-scction (2) itself was

omitted by sectLon 2 (c) of the Tatnil Nadu %uisitioning and Acquisition of Jmniovui)li~ Property (,4 A&, 1377 (President's Act 6 of l~ 'a>

5

i9%: T.N. ^Act XLII] Requlsilionitzg and Acquis ftion G71 of ImmovabZc Property. . .

writing (specifying therein the purpose of the requisition) t show cause, within fif'teen days of. the date of the service of such notice on him, why the property should not be requisitioned ; and * -r

(b) may, by ofder, direct &at neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of,or stmc t urally alter, the property or let it out to 7 tenant un ti1 the expiry of such period, not oxceeding two months, as may'be specified in the order.

(2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to 6.0, it may, by order in writing, requisition the property and may make such further orders as appear tomit o be necessary or expedient in connoxion with the requisitioning : . L

Provided that no property or part thereof-

(a) which is bona fide used by the owner thereor as the residence of himself or his family, or

(b) which is exclusively used either for religious worship by the public or as a school, hospital, public ? library or an orphanage or for the purpose of accommoda- tion of persons connected with the management of such place of worship or such school. hospitrl librapy or orphanage, shall be requisitioned:

Provided further that where the requisitioned property consists of premises which are being used as a tesidence by a tenant for not less than two months immediately preced- ing the date of the service of notice under sub-section (I),

the competent authority shall provide such tenant with alternative accommodation which, in its opinion is suitable.

4. (1) Where any property has been requisitioned Power to take

under section 3, the competent authority may, by notice possession of

requisiti,oned in writing, order the owner as well as any other person property.

who may be in possession of the proprty to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice.

(2) If any person refuses or fails to comply with an order made under sub-section (I), the cornpeteilt authority

may take possession of the porperty and may, for that yur-

pose, use such force as may be necessa1.y.

6

672 Aequisitiorlh~g bed ~cquisitio~z [1956: ^T. N. Act XL1t of InznrtovobL. Property.

Rights over 5. (1) All property requisitioned ~inder section 3, shall

requisitioned be used for such purpwes as may bc ~: :%n! i~ t i~~d in tlie

property. notice of requisition.

(2) Where any prc:~>ises are requisitiol~ed under sec- tion 3, the competent aathority may order the landlord to execute such repairs ns m;~y be necessary and are usually made by :andlord:; it:^I hat locality and as may be specified

in the notice, within such reasonable thns as m:ly bs men- tioned therein,andif^ths l:ti~JlorJ ?.::I: c "xecte any repaits in pursuance of such order, the competent authority may cause the repairs si3ec;ficd in the order to^be executed at the expense of the i~nlliord and the cost thercof may, with- out prejudice to any other mode of rzcovery, be deducted from the compensaticn payable to ! h!: landlord.

Release f ;om 6. (1) The Goverolnetlt may, at any time, release from

requisitioning. requisition any property requisitiontxd under this Act and shall, as far as possib!?, i-store the property in as good a condition as it was wEle11 possessiorx 111crcof n7as taken sub- I ject only to the changes caused by reusoi~:tblc wear and

tear and irresistablc fo~*c~,l:

Provided that w5crc. the purpose ibl. which ally requi- sitioned property^was bei!ig used cease to exist, t h e ~ o v c r n - merit shall, ~lnless thz property^is aqui rcd utiiier section 7, release that propcrty, a^ssoon :ts in:~y b^~.f't-0111 rcqui- sition.

1[(1-A) Notwithstanding anything contained in sub- section (l), the Govern~l~ent shail release from requisi-

(i) 71 v propei-ty requisitiol?ed nnde: this Act

befd: -. the co~~zmenccnrt.nt of the 'ratnil Nadu Requisi- tioning and ~cqGisition of Immovable Property (Amend-

ment) Act, 1977, on or bcfore th:: ex\?iry ( t o :i period of ten years from such c~oclmencernent ;

(ii) any pr0p~:i-t j i t i d ;171dcr this Act

after such comm:ni-ern-nt, on or hcfore !he expiry^c,f a period of ten years froin tile date on which possession of such property was su;-:.tt alered or delivered to, or taken^by, the competent author i!y under sect i trn 4, unless such propertjr^is acquired L ? ~ : ~ Z C ~ .;,.:ct i011 7 wilIlin the period of^ten ycalc, aforesaid.]

.-,. - - --- --- r . -.- .- _.- -_-__-_____ -

1 This sub-section was ~r-rsi.rted by scctiorl i(2) of t t ~ r : ?hmif Nadu ~~~~lsirioning and Acq~iisit iurl of ~rnmovctble Property (Amend. merit) ^~ct, 1977 (Presidi.nt9s Act 6 of 1977).

7

1956 T.N Act XLII] Requisitioninl: and Rcquisitiofi 673

I

of Itpitno vablc Property.

(2) where any' property^is to be released from requi- sition '[imnder sub-section⁽¹⁾ or under sul.-section (I-A)] the competent authority may, after such inquiry, if any, as - it may, in. any, case consiaer necessary to make or cause - to be made, specify^by order in writingdhe person to whom , - possession *of the property shall be given and such posses- - $ , + sion shall, as far as practicable,.^be given. to the person i tj . from whom. pcsofasion was taken at the t~me ' of - .- t- the requisition or to the successors-in-interest df sbch^{- ,}

. a .: erson. 4 t3

5 . 1 .? 3 . ;> - (3) .The delivery of possession of the property to the ' ";"?,.o*.L : , ; .5

specified in an order under sub-section (2) shall be: . ,%A - u ^a- . ' . a full discharge^of the Government from all liability in ' respect of the property , but shall not prejudice any rights in- respect-of the propt:rty which any other person may be .

a . entitled by; due process of law to enforce against the person - to whomposse~sion of the property is given.

(4) ,Where any person to whom p requisitioned property is to be given isⁿ

- no agentior other person empowered to a his .behalf,.$ the competent authority. sh ' . .^, ; . .. declaring that the property is. released

iq be affixed 09~'soae conspicuous part o

. , shall alsq . .__ .pgblish _ + _ the notice . . i n J ~ e : f b ~ . , 9 3 . . .,., : Gazettd d< .,I . '2. L^{\ z}v . -6 s ., . . .

3 . . (5~~1when a notice: referred: to in s b-sehio

, pubiish& i 2in the J [Tamil ~ a d u ,'.~ovkrnrnen t Gaze

property specified in such not ie shall cease to be s requisition.ori and 'from .the date &of such ~u'blic '²be deemed to have beqn, delivered to t , - . entfiled t i possession thereof and Ihe Governue be liable for any compensation or other claim in respect ; ' ofthe property for any period after the said. date. . s ?:

2 ,

(6) m e r e any property requisitioned under this Act , *.I' ,. < .- ' T, ,:.; ,tc

or any material part thereof i s wholly destroyed or ren-^. _. i- .f :: , y ~ z 'dered substan'ially and permanently unfit for the purpose.^* : $:$,Q

..;3r $4 for which it was requisitioned by reason of tire, earthquake, . . .$: - . , *... ;~i,-$::~~ 6.3$ tempest, fhod or violence^of any army or of^a mob or^ohqr. . . 92 . A ,

% --- L-- -- f P**:,*;l amkk W~r&, blackcis, figures and 1el:er were inserted ^by" . i ;$3 4 set iWlr "(b) "f .he Tamil Nadu Requisit ioniny and ~cquis i i ion- i$y

of immavLble Property [Amendn~cnt) Act, 197? (President's + j -7 _ + L . ; - A

G 01 1>77.) , I r ,I . I ~ & i ~ words were substituted for. tk words and le.ters #'Fort .. st. GIorgtr G~zet^{tc" by} section 5 of. the Tamil N a d ~ Req~iai- ^{:. .} . *.

ti,,,i, .g ind Acqliisilion of Irnmovnb!e PI ope1.t Y (Amendment) Act, 977 (piosid;nt's Act 6 of 19771. , . , 1

8

674 kequisitioning ^.~rl~l dc~uisi8ioion !I956 : T.N. Act XLU of Immovubk: P i ~ ~ w t , ~ ~

irresistible force the rrqaisition shnil, at iLle option of the Government, be v lid :

Provided that ^tl .o benefit^of this su b-section shall not -be available to the Cioverment where the injury to such property is caused. by any wrocghl act or default of the Goverrrment .

7. (1) Where ally property is subject torequisition,^the tz Government may, if they are of opinion that it is necessary acqulr

to acquire the propwt)' for a public prwpose, at any time, pioperly. acquire such propeity by publishing in the l[Tamil Nadu . ~ ~ v ~ r n m e n t Gazetie], a notice to the effect that the Govern- meat have decided to acquire the property in pursuance of

this section:

Provided that before issuing such notice, i he Govern-

ment shall call upon the owner of, or any other person who.

in the opinion of the Govtxment,may be interested in, such property to show cause why the properly should not be acquired; aud after cousidering the Gause, if any, shown by

any person interested in the property and after giving the parties an opportunity of being heard,^the Government may pass suci, -+rs as tibey deem fit.

(2) When rr. notice a s aforesaid is published in the l[Tmil N@r% Government Gazette]. '

the requisitioned property shall, on and from the begin- ning of the day on which the notice is so published, vest absolutely in the Gavernnent free from all encumbrances,

and the period of requisition^ofsuch property shall end.

(3) No propel ty shall be acyuircd under this section

exwpt ^{in the} following circumstances, namely :--

(a) Where any works have, during the period ofre- quisition, been constructed on, in or over, the property wholly or partially at the expense^of the G^ovbm~ntand the Government decide that the value of, or the right to use, such works should be secured or preserved for the

purposes of Goveinment; or . (b) wherc the cost of restoring tLe property to its

condition at the tirer of its requisition would, in the deter.

mination of the Government, be excessive and the owner

declines^to accept r-kase from requisition of the property without payment cf co-~lpensatjon for so restoring the pro. PertY - ----I --_-.-__

b 1 These words whxe subst iiu!ed ('Fort S t . Gears Ga~etfe.~' by se Requlsitionlng mid Acquisition of i

ment) Act, 1977 (Pr~sfdent'g Act 6 ^of 1977).

- - - - P -rr ⁽

* - - .

9

(4) Any dccision or determinqtidn 3f the Government under sub-section (3) shall be final and shall not be called in qpestion ill any Court. s

I .

C

(5) For the purposes of clause (2) of sub-section (3), . . -

"work$' includes buildings,structures and improvements of

e v c ~ j description. . ,- \

8. (1) Whcre any property is requisitioned or acquired p,.inciples and

under this Act, there shall be paid compensation the amount rn;thod of de-

of which shall be determined in the .:nanner and in accor- termining wm- dance with thz principles hereinafter set out, that isto say,- pensatioll-

(a) where th5 am3unt of compensation can be kc^! by agreement, it shall bs paid in accorzarice with suph, agreement ; \

' (b) where no such agreement can be leached, the - Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a

I

+ % High Court;

(c) the* ~overnrnmt may, .in any particular case,

. nomihate a person having expert knowledge as to the nature of the property requisitioned or acquired. to assist the- arbitrator and where such nomination is made, the person'^{. ,} . - , to be compensated may also nominate an assessor for the , . . . ,-. J same purpose ; T

(d)' at the commencement of the proceedings before . ~he~arbitrator,^the Government and the person to be born:

pensated shall state what in their- respective opinion is a fair amount of compensation^;

(e) the arb'trator shall, after hearing the dispute, -^{.;. , \ e} make an award datermining the amount of compensation ' <> .

..

which appears to him to be just and specifying the person or^{. I} (d, a^{.a I.}

persons to whom such compensation shall be paid; and in % .

.^-,A ,^a *.? -*-

making the award, 'he shall have regard to the circum. tances,

I ,

s<:"3bv &.4' of e i i case and th.e provisions of sub-sections (2) and (3);; -^{% +} *w=$b,%,gL ;"*: >$k . ( > t - r d s 3 far as they are applicable^;

.

. . , S" , :,;@*@ - here there is any .dispute as to the person br:^, are entitled to the compen

such dispute and if ^the

- 1 . .. *

10

- - - -

676 &quisitioraing add Acquisilioir 1195b : 'Pe&, Act XLYI of lmmovabk2 Pl.opcr2.y.

(g) nothing, in the Arbitratioa Act, 1940 (Central ~ c t x of

1940),shall apply to arbitrations under this section. (2). '[The au:,;mt of compensation ~ ~ y a b l e for the requisitioning of any property shall, sullject to the provi- sions of sub-secti,ons (2-A) and (2-B), consist of-4

(0) a recurring payment, in respect of the period of requisition,of a sum equal to the rent which would have been \payable for the use and occupation of ^the property, if it had taken on lcssc for that pcriod ^:

Pl -*;tlcd tkit such rent shall, in ;he case ^of premises, bL ^he ffai rent payable ^for the premises under the provi- sions of the e[Tamil Nadu Buildings (Lease and Rent .

Control) Act, 1960 (Tamil Nadu Act 18 of 1960)] and in the case of cultivable land, be i he fair rent for such land payable under the provisions of the Nadu] Culti- vating Tenants (Pqgment of Fair Rent) Act, 1956 (3[Tamil

Nadu] Act XXIV of 1956) ; and

(8) such sum or sums, if any, as may be found necessary to compensate the person interested for all or.. any ^of the following matters, namely :-^*

. (i) pecuniary loss due to requisitioning ;

(ii) expenses on account of vacating the r4ui. ^.

sitioned premises ;

(iii) expenses on account o f reoccupying the premises upon release from requisition ; and ,

(iv) damages (other than normal wear and tear) caused ^to the property during the period of requisition, i~clqding -the erpenses that may have to be incurred for restoring the prt ~perty to the condition in which it was at the time of requ ~sjrian.

- --

1 These words, brackets, figures and let@

. tuted for the words' "The amount of compensation p the requisitioning. Of any property shall Cousist of-'"by .-(a) (1) of the Pamil Nadu Requisitioning and Acquisitio - movable Property A C ~ , 1 977 ( President's ~ c t

1977).

s These words, brackets and figures were substituted ^{for the} ww& brackets and figures '' 'rarnil Nadu Buildings (Lease and Rent Ccntrol) 'Act, 1949 (Tamil Nan? M^t XXV cf 1949) '' by section 4 (a) (ii) of 'the Tamil Nadu Regwsltioning and Acquisition. of m y a b l e pxo- p&y (Amendment) Act, 1977 (Pfesident's Act 6 of 1977).

8 These words weri: substituted for the \iro;d^'6 Madras '* b$ tho,

Tamil Nadu Adaptation of ^~WS Order, 1969, ^as amendd by t h i

. -1 Nadu Adaptation cf Laws (Second Atnsndmem) Order, 1969;.

11

'm] ~equisittonin~ and Acquisitiofi* 6 of Immovable property.

rring payment, referred'^t o in dl in with effect from the expiry, of ' (ii) again with effect from the date u." expiry of 8 period of five years fram the date on which the revision . . - P.' . ?". made under subclause (i) takes effect ; f.. -

&

1 $. . , +. '

a:. .

d (c) in any other case, wit 11 effect from the date

of expiry of five years from the date on which possession **.

$r, of such property has been surrendered or delivered to,

2 or taken by, the sqmpet ent authority undcr secf ion 4. 1 - B . . . L . . '

I :

L . (2-B) The recurring payment in respect of aIiy ^' 1 5. pi&erty shall be revised by re-determining such payment

2 ³f in the manner and in accordance with the principles set i - l -- -

p.

u -- -- -

1 Sub-sections (2-A) end (243) were inserted by section 4 (b of the Tamil Nadu Re'qtiisitic. nirig and Acquisitiolr of Immovable 4 row ^'.

perty (Amentlment) Act, 1977 (Resident's Act 6 cif 1977).

-

12

676 &eguisiti~aing urtd AcquWtiuji 11356~ a ^I&* A.,.;. F.J .Act XILU oflmmovab!e Property.

(4 nothingⁱⁿ the Arbitration Actct, 1940 (Central x of'l~n)),shall apply to ar bitratious under this section.

(2). '[The amount of compensation payable for the requisitioning of any property shall, subject to t h ~ provi- sions of sub-sections (2-A) and (2-B), consist of+

(a) a reourr;ns payment, in respect of the period of requisition,of a sum cqualto the rent which would have been \payable for the use and occupatiou o f tlic property, if it had been taken ^on lease for that period:

Provided thdt such rent sfiall, in the case of premises, be ^the fair rent payable for ^the premises under ^the provi- sions of the 2[Tamil Nadu Buildings (Lease and Rent .

Control) Act, 1960 (Tamil Nadu Act 18 of 196011 and in the case of cultivable land, be the fair rent for such land payable under the provisions of the 3rjTamil Nadu] mlti- vating Tenants (Payment of Fair Rent)^k~ct, 1956 (S(Tami1 .

Nadu] ^Act WLIV ^of 1956) ^; and

(b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or,:. any of the folk wing matters, namely :-

(i) pecuniary loss due to requisitioning ;

(ii) expenses on account of vacating the req& .

sitioned premises ; -

(iii) expenses on account of reoccupyiqg the premises upon release from requisition ; and , .^.

(iv) damages (other than normal wear and tear) caused to the property during the period 01 requisition, inclyding -the 'expenses that , m a y have to be incurred for ,

restoring the property to the condition in which it was at the dme of requisition.

-- _I."_

1 These words, brackets, figures and letters were substi-'

. tuted for the words' "The amount of compensation payable for the requisitioning ^of PrOpertY shall Consist of-" by section 4

(a) (i) of the pami? Nadu Kequi~ition ing and Acquisition of ~ m - .

- movable Property (~alendment) r&t, Y 97'7 (I)rcsident6s A C ~ 6 of"

.1977).

8 These words, brackets and figures were su bstituted fir the words brackets and Cures '' Til~nil Nadu Build (L3a ;C 3 ~ d Rent &ntrol)

Act, 1949 (Tamil Wddu Act XXV cf 194%" by sccti(~n 4 (Ir)^aj of the Tamil Nadu Re~uisitio~ung ard? Acquisition ctf [mmtjyabie pedy (Amendment) Act, 1577 (Predd:itiSs Act 6 ^of 1977).

4

8 These words were sobstitut.< . , . i wo~.cl $6 hfndras '* by the

Tamil Nadu Adaylar:~ll ^of Laws O~dci, 1909, as a~nended by the-

- Tamil Nadu Ada~tclti jn cf Laws (secoiai Ana~jidmcnt) Qr&l; 1969. .

13

1. Any persoil aggrieve6 bj an aw2 rd of , he arb.3 - Appoa~s from rat or made under section⁸may. within thirty days from awards in re%'

pet! of COlIlDeb* . the date of such award, prefer an appeal to the High Court : -. . Provi 5eL^t hat .L he High ouri in la^ en^ert ?in he appeal

. art er t he expiry of^t he said pen'od of i hin y days, if it is^' satisfied that the a pellani was prevented by suficient e cause from filing h appeal in time. f -

j .

12. Tl~ecompe'enl aiithority zinc'.:. hhs arbi!retb appuint- ed under section 8, whle holding an inquiry or as the case urblirators I may be, arbit rat ion proceedings under this Act, shall h a k have crtaln

all the powers of a civil court, W l e trying a suit, under the ~owersof civil- Courts. . -. Code of Civil bocedure, 1908 (Central Act V of 1908) in _ .

r aspect of the fo! lowing matters, namery :-^.% *, c ' - e

(a) sumiaoning and. .. enforcing the at teric' ance, of any - - f 7% ^.,,ks, ' 3 "*LLt"

person and examining him on oat:h^{; .} -; :d.x,.=.~ ,*@&++

*+.g;r^-%

>^a -.x . 4%.gL. - (b) iequiriny ihr: disc'overy and. production of . any ' . .-:+&$ - ' .. :c , 3': '&; - docurnen; ; . .. : ,I.; ,

. < - *., 1 <;I,,

(c) reception of evidence on affic:avii s ; -, . " . .. . .- A+p- w $*. . .

. .i -;< ,^*% (d)'requsiitioning any public recod from^any court - :, or office ;^.

I

# . . (e) issuing commissi oni for examinat ion of wi nesbs. - -. - ,, i I

J

. . . - .

1 3. The ~ o i e r ~ e t r i or the' compcttent au^t hosi . .. with a view t o ,carrying 'out , the purposes of seci -section '6 , 0: section 7 or settion 8, by order '~equire.~

. t furnishi to shch officer as may 1 je specifiecl.' in - order, such informition in his possession as may be spkci * , rela-t ing i.0 any pr0pert.y which is reqhi~itioned or 8 C

- or .intend,ed .t o be requi~i~ione'd os acquired, un ACZ . ^-.

i

' 14.. The compel:en: a u f h i t y or any officer empower in this behalf by sQch authodt y by general or special drder,

may enter and inspect any property for the Purposes of -^-I ..* , - determining whe; her, and if so, in what manner, an order^{- , R}

: , under this Act should be made in relat ion i 0 such Propert Y or with a view ; securing compliance with an order made^{., ., .}

u&i.er this Act. . . *. .

14

- - [I956 : ' i .N. Ac XLI 680 Rcquisificaifig and A qqiiisil ioir ^r$ i ~ ~ r ~ t o v a b l c ,i'r o~?r i.,~?. 1 5. (1) No[ withstanding any1 hin: co~bailied in section any agricul!ural land is released from requisition, ny person interested in such agricultural^' ossession thereof sball be liable o pay to the ' nt within^{one mot~tl~}after^the da! e ^of a ema and riting by the competent authority a sum equal of the value of the agricultural laiic! as is attri-

thing done on such l ~ n d by he Government of' embling the land to be properly farmed, ng i r .creased efficiency in the Firming of ;he rovided that^t lie owner or the person interestec! by any sum is so payable may, by n~tice in w.iting served on I he competent aut hsrit y wit hill 7 he saiG ^one month, elect^to pay^the said sum, together with interest thereon from the said date at the rate d 6 per cent per

atmum, by such number of aqua1 annual insralments not may be specified in the notice, the first hich shall be paid within^one year from the^'. .+

(2) Any amount payable to the Government under - sub-section (1) shall^be recoverable as if it vvete an arrear of land revenue.,

(3j Any question whether any amoultt is payable under sub-sbctiotl (1) or as to what amount is so payable shall, in default of agreement, be determine J by arbitration, and the prov~sions caf sections 8, 11 and 12 shall apply 80 .

far as may.bc, ^{to th,}detzrininatio~i^of such question.

16. (1) Subject !:o the provisiolls of this section, end Service oi notice and any rules that may bc inade under this Act, evezy notice or orden* order issued or madc under this Ace shall,-

(a) ill the c:fdt. of any notice or order of^a general

nature r afPecting a class of persons, bc published in l[Tamil Nadu Goverir i~erzt Gazette] ; and

I_U-- - - --I_--- ______

a

l These words we1.f ynbstituted for the ~ ~ o n l s and

letters St. George Gazette ^" b> :jection 5 of tile Tillnil f idu &q&itiodng and Acquisition of Immovable Property [Anxendment) Act, lm (Isresident's Act 6 ^of 1977).

.-

15

- --- -- - - -. . -4- a-- ^-_&

1

3 q 3 . . 956: T*N.Act XLII] Requisitioniqgund ~ c & - ' 681:- . - - . Y: ., . 4 - %

sition of Imm~vable Property ¹. .

(b) in the case of any notice or order affecting an individual corporation or firm, be served in the manna

provided for the service of summons in ntle 2 of Order XW[ or rule 3 of 0 r d k XXX, as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (Central Act V cf 1908) ; and

(c) in the case of any notice or order affecting an^. individual person (not being a corp~ration, or firm). be

served on such person-^{. ,}

(i) by deliv~ing br tendering it to that person ;^{. % , !-} . -

(ii) if .it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person,-or say adult male member of the family^of such person, or by^' aaxing a copy tEereof on the outer door or on some cons- picuous part of the premises in which that person is known

to hava.last resided or carried on business or persmally^. worked' for ,gain ; or failing service by these meansj

(2) Where the ownership of the property is in dispute or where the persons interested in the property are not r~adily traceable and the notice or order cannot be served I -

without undue delay, the notice or order may be served by . - . .*%,^i, .-',:% publishing it in the. =[Tamil Nadu Government .Gazetie], ' I :. * and' where posPble, by a x i n g a copy thereof on any 'conspicuous part of the property to which it relates. .^."' fi *^e

'^S

.L-,q 9^" ,

16

682 ^* Requisitioning and Aqui- 11956 : T.N. Act XLII &ion of Zmnro~able Property

, in the notification, be exercisable also by an ofher subordi-

. nate to tho Goverriment.

19. ⁽¹⁾ No .suit, .prosecution or other legal proceeding

shall lie against any person for anything which is in good

faith* faith done or intended to be done in pursuance of this A

or any order made thereunder. /

(2) No suit or other legal proceeding shall lie against

the Governmenl: or tho competent autliority for any damage caused or likely to^be caused by anything which is in good^' faith done or intended to be done in pursuance of this Act

or any order made thereunder.

20. Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respeci of any matter

.which the competent authority or arbitrator is empowered

by or under t h e Act to determine, and no injunction shall

. be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

' Penalty fom 21. Whoever contravenes any provision of this Act, offences or any rule made thereunder, or any order made or direction given under this Act, or obstructs the 1aw;f'aFul exercise of^any

power conferred by or under this Act, shall be panishable with fine which ^may extend to ^one thot.sand rupees.

Certain gersons 22. The competent a-~thorit y, every arbitrator and eve1 y

to public officer empowered by the ~ r o v ~ ~ ~ m i ~ n t #,r the competent , Semat" authority, while exercising any power or performing any

duty under this k t , shall be deemed to be a public servant within^the meaning of section 21 of the Indian Penal Code

i (Central Act XLV of 1860). poker to 23. (1) The G~vernment may, by notification in the '

make rules. *[Tamil Nodrr Govrrrtmcnt Gazette], make rules for carrying

out the purposes of this Act.

- - ---- ---^-_. -- -___

*These words \inere substituted for the words and Ieters " Fort , Sr. George Gazette " by section 5 of the Tamil Nadu Requisitioning

17

- -- c___- -- -- . u--- --;4 a#-

"^{I -\}

-1956: T.N. Act XLUJ '?Requisitioning md dcqui-^. 683 ^{-* :.}

I

',^{- s -.\} sition o f Immovable property . ? ' * . . * . . , -5'

' I (2) In particular, and without prejudice to the gene- * ' rality. of the foregoing power, such rules may provide, for all or any of the following matters, namely :-

t x . 4

-^x - '(a) the procedure-to be fsllowed by the co authority in making inquiries under section³-or s '

(b) the procedur'e to^be folloled in arbitration prd:^{. .} ceedings and appeals under this^,. Act^{; . r}

-. , ' .'

(c) the principles to be followed in determining the amount^of compensation and method of payment of such .^{, .- .- .. Y .} compensation^;

, (d) thef principles tb be followed in appbrtioning the cost of proceedings before the arbitrator and on appeal under this Act 1: f

\

. (e) the manner of service of notices and orders. ; ' I

\ Cf) any other matter which has to be, or may be, -^v a prescribed. .

(3) All rules made and all notifications (other than those relating to notices) issued under this Act shall, as soon as possible after they are made or issued, be placed on the table of both the Houses of the Legislature and -^, shall be subject to such modifications by way of amend- ments or repeal as the Legislative Assembly may make within fourteen days on which the House actiial!;- sits - , . either in the same'session or in more than ont zossion.

, . ,

24. If any difficulty arises in giving effect to the pro- power to

visions of this Act, the Government may, as occasion remove

niay require, by order, do anything which appears to them diffi~~l'ies*

necessary for the purpose of removing the difficulty.^A copy of every order passed under this section shall be laid

,

before each House of the L,egislatme.^,

18