LexThe Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949
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The Tamil Nadu Educational Institutions (Temporary Control of Property)
Act, 1949
Act 48 of 1949
Keyword(s):
Educational Institution, Person Interested
Amendment appended: 46 of 1975
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126 Educational Jast it ut ims 11949: P.N. Act XLVJI I
(Temporary Control of &ope r ty )
'[TAMII; NADU] ACT No. XLVIII OF 1949%
[T& T TAMIL NADU] EDUCATIONAL INST~TUTIONS (TEMPO.
RARY CONTROL OF PRDP~TY) ACT, 1949.1 , ' .
(Received the asserit of the Governor-General on the '25th
January 1950 : first published in the Fort St. George - Gazette Extraordinary on the 25th January 1950.)
h Act to provide for taking over for a temporary period
i the control c f property used for educational pmposes
. and certain .o tbcr matters.
. WI~EWAS it is expedient to provide for taking over for a
temporary period- the control of property used for educa-
tional purposes un,d.er certain circumstances ; It is hereby
enacted as fcllows !-
1. (1) This ~ct may be called the ~'Tamil ~adu] Educa- .
tional Institutions (Temporary Control of Property) Act,
1949. .
(2) It extends to the whole of the TState of
Tamil Nadu].
(3) It shall come into force at once.
f I e.
2. In this Act, u rlless there ib anything repugnant in the
subject or coatext,--
(a) '! educational institution " means any school, ,
college or other institution for imparting education,
which is managed by an individual, body or local autho-
rity 3
(b) '' Grivernrnent " means the 4[State] Government;.
i These words were substituted for the word '" Madras " by the
Tamil Nadu Adaptation of Laws Order, 1P69, as amended by the
Tamil Nadu Adaptaton of Laws (Second Amendment) Order, 1969.
a For Statement of Obiects and Reasons, see Fort St. George Gazette,
dated the 20th July 1948, Part XV-A, page 357.
This Act was extended to the transferred territory by section 3 of,
and the first Schedule to,' the Tamil Nadu (Transferred Territory)
Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960) repealing
the corresponding law ic forfie in that territory.
8 This expression was s~bstituted for the expression 6cStats c f
Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as
amended by the Tamil Nadu Adaptation of Laws (Second Am& -
ment) Order, 1969. . .
4 This word was substituted for the word " Provincial '* by
the Adaptation of Laws Orhr, 1950. ,
[r*N8 Act XLVIIrJ Educational Institutions 127
(Temporary Control of Proper ty )
(c) !' person interested" in relation to an, -roperty
control of which is taken over under this Act, *includes
scribed manner .
rovided that failure to comply with the provisions of - . r;
b-section shall not affect the validity of the order.
i28 ~&cdtionrrl 1wnsti:utians [1949: T.N. Act ~~ffi
(Temporary Control of Property)
(4) The Government may also make such fux ther order
as mayappear to them to be necessarycr expedient in con-
nection with the taking ovcr control of any property under
this Act.
(5) Where the ccntrol ofany property, whethermova-
ble.or immovable, is taken over under su b-scction (I), the
Government may-
(i) use or deal withsuch property themselves for
any educarional purpose which they think fit, or
(ii) by order, permit any other person or body
including a local authority, to use or deal with such
property for any such purpose, subject to the payment of
such rent abJ cther sums to the Goveroment,
and the observance ~f su~hconditions, as may be specified
in the order :
Provided that such person or body shall be of the same
religious denomination if any, as that of the personor,
body from whom or from which control of the property
was taken ove;. -
(6) The control over any property referred to in sub-
section (1) shall, unless sooner relinquished, cease after the
expiry of the academic year immediately following that in
which the property is taken over :
Provided that the l[State] Government may, if in their
pinion it is necessary so to do. by an order in writing
published -in the prescribed manner, direct that their
control over such property shall continue Tor a f urthe
period not exceeding one academic year.
. ' a((7) Notwithstanding anything contained in s
section (61, the Government may, for leasons to
recorded in writing a~d on the recommendation of su
authority as may be ;?rescl ikd, by order published in t
prescribed manner, direct that the control over su
property shall cbntinue for a further period not e~ceedi
three academic years commencing from the dab of t
expiry of the academic year referred to in the proviso
su b-section (6).] .
' i This word was substituted for the word '. Provincial 9. by th
Adaptation of Laws Order, 1950.
a This sub-section was added by section 2 of the Tamil
mucational Institutions (Teworary Control of Property) Amen
and \falidation Act, 1975 (Tamil Nadu Act 46 of 1975), which was dmmed to have come into force on the 8th September 1975,
*
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XLV?lfl Educational i'tituti~m 129 '
(Temgorar y Con t rol of Property)
2.
,
Where any immovable property is taken over ~atf~r
he Government shall pay to the person immovable
property ent as may be fixed by the District wbi chhas -* been taken
over. Providtd that where the property has lxcn acquirrd
h the aid of a Government grant, the rent shall be by the District collector after taking the amount of
gl ant into ac:count in the prescribed manner.
ere there is any dismte as to the title to
~ent aforesaid or as to the appcrtionment of of the rent, the District Collector shall decide
(3) Every srdcr passed by th2 Distri~t ~olle ctor under
su b-section (1) or su b-section (2) sha 11, subj~ct to the provi-
ions of sub-sections (4) axxi (51, be final ;\nd nct be liable
o be questioned in any Burt of Law.
n deeming himself aggrieved by an
lector under su b-section (1) cr sub -
against such order to tli, qistrict
sdicticin over the area in which the im-
situated or if it is situa-ted in the
the Principal Judge of the Madras
shall be preferred within sixty
n which the order appealed against
communicated to the person concerned.
f the District or City Civil Judge
ed to him uilder su baectior. (4) shall I
iable to be questioned in any Court
Grnpnsa- never aay movable property is taken over under ,ion F,r
the compensation payable therefol: alld the person ,,, ,,I,
should be paid shall be determined in prop:[ ty
as may be prescribediand where taken vzr.
een acquired with the aid of a
rules may provide the n~anner
of the grant shall be taken into
tiili L u iupbamtion payable!
-
i3b h&catiofial iastiturbis [1949 : T.8. Act kiv1f t .
: (Temgorary Cont r 01 of Property)
e.
. ' 6. The authoriry prescribed in this behalf
y, cto. purpose of taking over' any property undez
a
detmdg the arnount of rent or cornpens
. ' .under this Act, by order-
(a) authorise ally person to enter and inspect any . -. immovable property specified in the order and the movable
property therein liable to be taken over under this Act;
(6) require ally person to furnish to such authority as
may be specified in the order, such information in his
I
.possession relating to the property, as may be so specified ;
(c) direct that untii the explry of s~h period as may
be specified in the order, ths persoil in possession of the --a
p~op erty shall 3 rot, without the permission of the Govern-
, . ment, - dispose of it or in the case of a buildi
s~ucturally or, in the case of'movable property, rcmava
fr~m t$e premises in which it is kept.
summary 7. Any person remaining in posscssio~l of any property in
POWP for contravention of Ln order issued under section 3 may be
takleg8u-arliy disposses~ed of the property by any officer . -
possession 01
I proptriy. empowered by the Government in this behalf, and in the case of a building, if free access to it is not afforded to such
officer, he may after giving reasoila blc warning and facility
to withdraw to any wornan not appearing in public accord- .
ing to the customs of the country, remove or open any lock
or bolt or braak open any door or tLo any other act neces-
sary for effecting such dispossession.
Relinquish' 8. (1) Where the control of any property t&ell over
Of under section 3 is tcj bc relinquished, the Government may, . '
coptrol. after making such inquiry, if any, as they may coniider
necessary, 'Jy order in writing specify the pers
possession of the property shall be given.
- (2) The delhary of possession of any such pr~perty to
the persoil specified :6 an order made under sub-section (1)
shall be a full discharge of the Governtnent from all liability
J,
in respect of sub11 delivery, but shall not
rights in respect of such property which any
may be entitled, by due process of law,
against the person to whom possession of the propem is
so delivered.
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T.N Act XWlIi] ~ducatbrztri Fninst;turions 1 ji
(22mporary Control of Prop{?rty)
posses&on of any
is to b:: delivered
er person empowered -.
heh a 1 f. the Govorcment shall cause
t? Gazette a notice:
erty is relinquished;
, shall cause a copy
some conspic~ous part of such
s referred to in sub-section (3) is
. George Gazette, the property
d in such notice shall cease to be subject to the con-
11 and from the date of such
emed to have been delivered to
entitled to possession thoreof; and the Gover-
not be liable for any rent, compensati~n or
in respect of such property for any period
n travect s any order made under this Penally.
able with imptisonmcnt for a term which
which may extend
ral o: spacial ordm Delegation
. George Gaze tte,direct that any gowtn of POW+
and dut~es rred or imposed on them by or undo2 of the
circumstances and under such con- Oovornmcnt
ns, if any, as may be specified in the order, be exercised scharged by such officm or authority subordtnate to the %
vmment as may be specified in the order.
11. Save as otherwise expressly provided in this Act, Saving.
no decision or order made in exercise of any powe~ con- Act shall be called in question in any
b
rot ect ion on or other legal proceeding shall of action
anything whiclr is in good faith taken under
done in pursuance of this Act, the ~ct .
OF any order made thereunder.
-I-..- --..*. ---&
*NOW the Tamf l Goverrtment Gazette.
1 2 5--3-9~
132 Educ~tionaf Insritutions - . -.. 11949 .-. : T.N. Act XLVIfI
(Tempararg Control g property) a
13. (1) ?he Government may make rules foir carrying
Power to ~ut the purposes of t~s ~ct. hake rules.
uwu-wwrrva \ */ 9
(4 the payment of the costs incurred by the paxties
U
(2) In particular and without prejudice to the genera-
lity of the foregoing power, such rules may provide for-
. (a) all matters expressly required or allowed by this
. Act to be prescribed;
(b) the assessment and payment of compensation. '
or any damage caused to any immovable propa
over under this Act or far any damage caused to, o
. * any movable property so taken over ;
(c) the court-fees payable, and the proc&re to be /
P followed, in respect of the appeals referred to in section 4,
e~~h,c~&fim fA\
in conmijron wi&-such appeals.
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1875: T.N. Act 461 ducati ion at Institutions 511
(Temporary Control of Propertj)
Amendment and Validation
TAMIL NADU ACT NO. 46 OF 1975.*
THE TAMIL NADU EDUCATIONAL INSTITUTIONS
(TEMPORARY CONTROL OF PROPERTY)
AMENDMENT AND VALIDATION ACT, 1975.
[Received the assent ofthe president on the 29th November
1975, first published i.v the Tamil Nadu Government
Gazette Extraordinary on the 2nd December 1975
(K~rthigai 16, Iratchusa (2006-Tiruvalluvar Aandu)).]
An Act to amend the Tamil Nadu Educational Institutions
. (Temporary Control of Property) Act, 1949.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Twenty-sixth Year of the Republic of India
as follows :-
1. (1) This Act may be called the Tamil Nadu Educa- Short title
tional Institutions (Temporary Control of Property) and commenw
Amendment and Validation Act, 1975. cement.
(2) It shall be deemed to have come into force on
the 8th September 1975.
2. [The ameditlent made by this section hs already
been incorporated in the principal Act, namely, the Tamil
Nadu lik'ucational Institutions (Temporary Control of
Property) Act, 1949 (Tamil Nadu Act XLVIII of
19491.1
3. Where the control of any property of any euuca- order hat-e tional institution, has been taken over by the State retrospective
Government before the 8th September 1975 under section effect in
3 of the principal Act, the State Government may issue cefialn Case.Fo
an order continuing such control for a further period
not exceeding three academic years under sub-section
(7) of section 3 of the principal Act as amended by this
Act and such order shall take effect from the date of the
expiry of the academic year referred to in the proviso
to sub-section (6) of section 3 of the principal Act.
* For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 21st October 1975,
Part N-Section 1, Page 216.
5 12 ~&cational fn~tituti~ 1195 : T.N. A& ld
(Temporary Control of Property)
Amendment and Validirtion
VaIidrtwn. 4. Notwithstanding anything contained in the principal
Act as amended by this Act or in any other law, if the
control of any property of any educational institution,
has been taken over by the State Government before
the 8th September 1975 under section 3 of the principal
Act, such cantsol shall, unless sooner relinquished, remain
and always be deemed to have remained with the State
Government at all material times, as if an order under
sub-section (7) of section 3 of the principal Act as amen-
ded by this Act continuing the control of the institution
for a further period not exceeding three academic yeaIs
had been issued by the State Government and remained
in force at all material times and accordingly-
(a) all acts or proceedings or things done or taken
by the State Government or any authority or officer
or servant of the State Government in connection with
any prope~ty of the educational institution concerned
shall for all purposes be deemed to be and to have always
been done or taken in accordance with law ;
(b) no suit or other proceeding shall lie against
the State Government or any authority or officer or
servant of the State Government for the release of control
of any property of such educational institution solely on
the ground that the control of the State Government
ceased to exist under section 3 of the principal Act as
in force before the 8th September 1975 and no court
shall enforce any decree or order directing the release
of any such control.
Repeal. 5. (1) The Tamil Nadu Educational Institutions
(Temporary Control of Property Amendment and
Validation Ordinance, 1975 (Tamil adu Ordinance 14
of 197% is hereby repealed.
h
(2) Notwithstanding such repeal anything done or
any action taken under the principal Act, as amended
by the said Ordinance, shall be deemed to have been done
or taken under the principal Act, as amended by this
Act, as if this Act had come into force on the 8th September
1975.