The Tamil Nadu Aided Institutions (Prohibition of Transfers of Property) Act, 1948

 
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The Tamil Nadu Aided Institutions (Prohibition of Transfers of Property) Act, 
1948 
 
Act 14 of 1948 
 
 
 
 
 
 
 
 
Keyword(s): 
Institution, Manager, Transfer, Land and Building 
 
1948 :T.N. Act Aided Institutions - 10s 
(Prohibition of Transfers oj' Property) 
'[TAMIL NADU] ACT No. XIV OF 19482. 
'(TAMIL NADU) AIDED INS~NS (PRO. 
a HIBITION OF TRANSFERS OF PROPERT*) Am, 
1948.1 
(Received the assent of the Governor-General on the 
7th June 1948 ; Jirst published in the Fort St. 
George Gazette on the 15th June 1948.) 
+ 
An Act to prohibit transfers of certain lands and build- 
iags by managers of educational and other insti- 
tutions in the 3[State of Tamil Nadu]. 
WHEREAS it is exped'ent to prohibit transfers by 
managers of educational and other institutions in tho 
'[Pate of Tamil 'Nadu], of lands and buildings 
acquired with the aid of Government grants, or from 
the Government ; It is hereby enacted as follows :- 
1. (I) This Act may be called the l[Tamil Nadu] al~ort title~ 
Aided Institutions (Prohibition of Transfers of Pro- 
perty) Act, 1948. lltcnlr 
1 These words were substituted for the word "Madras " by the 
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the 
Tamil Nadu Adaptation of Laws (Second Amendment) Orda, 1969, 
For Statement of Objects and Reasons, see Fort St. Gar@ 
Gazette, dated the 13th January 1948, Part IV-A, pages 4142. 
This Act was extended to the Kanyakumari district and the 
Shencottah taluk of the Tirunelveli district by section 3 of, and the 
First Schedule to, the Tamil Nadu (Transferred Territory) -ion 
of Laws Act,. 1960 (Tamil Nadu Act 23 of 1960), repealing the corrcs- 
ponding law In force in tkt territory. 
This Act was extended to the merged territory of Pudukkottai 
by section 2 of the Tamil Nadu Aided Institutiops (Prohim of 
Transfers of Property) (Extension to Pudukkottai)iAct, 1961 (Tamil 
Nadu Act 54 of 1961), repea!ing the corresponding law in fac~ in 
that territory. 
8 This expression was substituted for the expbsi 
1 Madras" by tho Tamil Nadu Adaptation of hws 
which was deemed to have come into force on the th 'f 
: T. N. Act XIV 
(3) It shall come into force at once. 
2. In this Act, unless there is anything repugnant 
in the subject or context- 
(1) " Government " means the 2(State) Govern- 
(2) " institution " means-- 
(a) any college, school or other place in the '[State of Tamil Nadu] which is intended for an edu- 
cational purpose and includes libraries, playgrounds, 
hostels and quarters for the residence of teachers 
and servants ; 
(b) any hospital, dispensary or nursing home 
in the 3(State) and includes quarters for the residence 
of doctors, nurses and servants ; 
(c) any other institution or &[class of insti- 
tutions] in the 3(State) notified by the Government 
in the Fort St. George Gnzette ; 
(3) " manager " means the owner, trustee or 
other person who has power to transfer any land or 
building belonging to an institution, and includes a 
local authority ; 
- -- 
a This word was substituted for the word " Provincial " by the Adaptation Order of 1950. 
a This word was substituted for the word *' Provinca " by ibK 
(4) " transfer "includes safe, exchange, mor- 
,."(charge), lease or gift. 
(b) any land or building has been transfct*tc)tl 
by the Governmen4 for usewor the purposes of III~)' 
institution, 
then, notwithstanding anything to the contrary i 11 rc I kY 
other law for the time being in force or in the dectl (11 
transfer or other document relating to the land or builtl 
ing, it shall not be transferred without the, permias ilpll 
of the Government under sub-section (2) ; nor shall I I I(' 
land or building be used except for the purposes of r 111: 
institution or purposes similar thereto 01 be kept vacrt I 1 f 
without being used for any purpose, without the 1-11 I 
mission of the Government. 
(2) The Government may, in their discretion, I8 Y 
order, permit the transfer of any such land or buil(l1fr1~ 
if- 
(i) the transfer is made in furtherance of tJ11, 
purposes of the institution or of similar purposes apprr 1 
ved by the Government, and the assets resulting fro111 
the transfer are to be wholly utilized in ft~rtherancc (11 
the said purposes ; 
-- 
1 Tbir word was inserted by section 3 of the Madms Aided lnctC 
, cionr (Prohibition of Transfers of P~.operty) Amendment Act 
950 (Madras Act XXXIII of 1950). 
:Now tho Co?rolldated Fund of the S'ate Oovcrnmcnt. 
1 \'I' " 'I "'C p " >$&?y9.h.y$ "* .;q * , 
Aihd Znstirwim 12948: T.N. Act XIV 
(Prohibition of Trarsfet-s of Property' + 
or of the current market value of the land or building 
referred to in sub-section (I), clause (b), or of both, as 
the case may be ; 
I (iii) the transfer is made for any other valid 
f. reason,-provided repayment is made to the Government 
in fuIl of the grant referred to in sub-section (I), 
clause (a), or of the current market value of the land or 
building referred to in sub-section (1), clause (b), or 
of both, as the case may be. 
Explanation.-When granting permission 'under 
clause (i) or (ii) for the transfer of any land or 
building, the Government may impose such conditions 
as they deem fit to ensure that the assets resulting 
from the transfer are utilized wholly or in part, as 
the case may be, in furtherance of the purposes 
referred to in those clauses ; but a contravention of 
any such condition imposed on the transferor shall 
not invalidate the transfer. 
(3) Lf any such land or building is transferred 
without such permission, the transfer shall be null 
and void. 
Conse- 
quences of 4. If, in any case, the Government, after giving the 
breach of manager of the institution concerned a reasonable 
provisioos opportunity to make his representations in regard to 
of section 3. the matter. are satisfied that the provisions of section 3, 
subsection (I), have been contravened in respect of any 
land or building, they may, by order- 
(a) if the land, or the land on which the building 
stands, belonged to the Government and was transferred 
by them for the purposes of the institution, direct the 
Collector to take possession of the land and of the build- 
* ing, if any, standing thereon, or at their option, direct 
the manager to pay to them in full the current market 
value of the land (together with that of the builalng 
where it was also transferred by them) and also the 
amount of the grant, if any, made by the Government 
for improving, altering or constructing the land or 
I bddixag; 
I 
I 
.*A*. 1.1I.I 
' / 4 
1948 : T.N. Act XIV] Aided Institutions 
(Prohibition of Transfers of Property) 
(b) if the land, or the land on which the building 
stands, did not belong to the Governmen direct the 
manager to repay in full the grant made by k e Govern- 
ment, or at their option, direct the Collector to take 
possession of the land and of the building, if any, 
standing thereon, in which case, the Government 
shall pay to the manager any amount spent by him or 
his predecessors-in-title from the funds of the insti- 
tution for the purpose of acquiring the land and cons- 
tructing or acquiring the building, if any, thereon. 
+ 5. (1) Every order passed by the Government under ER,~ 
section 3 (2) or 4 shall, subject to the provisions of sub- orders ultdet 
sections (2) and (3), be final and shall not be liable ~:2i:~ ' '' 
to be questioned in any Court of Law. 
(2) (a) The manager of the institution in respect 
of which such an order is passed, not being a local 
authority, may, on the ground that the amount repay- 
able- or payable by or to him has been wrongly 
fixed in the order, apply to the District Judge having 
jurisdiction over the area in which the property in 
question is situated or if the property is situated in 
the nresidency-town, to the Principal Judge of the 
Madras City Civil Court, for fixing such amount 
correctly in accordance with the provisions of section 
3 (2) or (4), as the case may be. 
(h) Such applical!on shall be nlade withjn 
;ixly Jays from the date on which the nrdcr is cow 
municatcd to r h!: manager. 
(3) Thc Di\lricL or City Civil Court Judge shall 
clctcr~lline tllc amounl whicll i- p~.opcrly repayable 
or l-v~yablc by or to the managcr in acclordat~cc fiith 
t hc provi\ion~ ot seclion 3 (2) or 4. a\ lhc casc n1:lV 
h3. and FUC~ dr.:crnii?i1+ion \hall be fi~~al anti shall 
11ot hc Iii~l>lc 10 hc que\tioncd in any Crri~rt of Law. 
building to 
vest in 
Gowmment 
absolutely 
on 
powsion 
being taken. 
Recovery of 
sums due 
. under Act. 
1084 Aided Institutions [I948 : T.N. Act XIV 
(Prohibition of Transfers of Property) 
6. (1) When, in pursuance of--an order under 
section 4, the Collector takes possession of any laud 
or building by himself or throu~hanotber, it shall 
vest absolutely ia the l(Government) free from all 
encumbrances other than those existing at the 
commencement of this Act or created with the 
permission of the Government after such cornnlence- 
ment. 
(2) If the Collector or any person authorized 
by him in this behalf is opposed or impeded in taking 
possession of any land or building under this Act, he 
shall, if he is a Magistrate, enforce the surrender of 
sucb land or building to himself; and, if he is not a 
Magistrate, he shall apply to a Magistrate, or within 
the presidency-town, to the Conlrnissioner of Police, 
and such Magistrate or Commissioner shall enforce 
the surrender of the land or building to the CoIlc- 
tor. 
(3) Whoever opposes or inlp~des the Collector 
or any person authorized by him in taking posses- 
sion of any land or building under this Act shall be 
punishable with imprisonment which may extend 
to six months or with fine which ntay extend to five 
thousand rupees or with both. 
(4) Any land or building \\?hich vests in the 
1(Gover11ment) undcr sub-section (1) shall be used 
by the Government, so far cis may be, only for pur- 
poses similar to those for which it was being used 
before such vcsti ng. 
7. Any sum rcyuircd to be rcpnid or paid to the 
Governmcnt in pursuance of scGtion 3, 4 or 5 may, 
without prc;jiidice to any mode of recovery provided 
in any otllor law for the time being in force, be reco- 
vered from thc properties of the institution or from 
the manager thereof as if it were an arrear of land 
revenue due from such institution or manager, 
ui This word was substituted for the word " Crown by the Adaptation Order of 1950. 
. , '+ . "_ "_ *__l_______.(r*.*_..I__L 
l[7-A. (I) No -land or building referred to in Court not to 
section ? (1) shall be liable to be attached, sold, or made ~~~$t~U1 
~ubject to a charge by any court whether in exemtion the PC-- 
of a decree or order of 
seeking such relief from 
,permission of Government to do so Qnd files such 
permission in Court, 
(3) If any such land or building is attached 
or sold, or a charge IS created thereon by any court 
without the permission of #he Government having 
been obtained and fil~ as aforesaid or if any condi- 
8. (1) The Gmmment may, the Fort St. George Gazette, make rules not incon- 
sistent with this Act for carrying into effect the 
purposes thereof; 
(a) the court-fees payable on the applications 
referred to in section 5, sub-section (2) ; 
(b) the procedure to be followed in respect of 
such applications ; 
(c) the payment of the costs incurred by the 
parties, in connexion with such applications. 
4 Tht section wae inserted by ~tion 3 of tho Madras Aided 
Institutions Prohibition of Transfers of Prop,bty) Amendment 
Act. 1950 (dadru Act XXXllI o( 1950). ! 
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