The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949

 
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The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 
 
Act 29 of 1949 
 
 
 
 
 
 
 
 
Keyword(s): 
Essential Article, Notified Order, Undertaking 
 
Amendments appended: 3 of 1958, 10 of 1979

i[Shor t 
:ent and 
mencer 
74 Essential Articles Control [1949: T.N. Act XXIX 
and Requisitiot ling 
commerce therein and requisitioning of property 3 It is 
hereby enacted as follows :--- 
titt1e* 1. (I) This Act may b.: cal1:d thc 26il Nadul corn- nent] . Essenl is 1 Articles Control and Requisitioning 8[ * * * 
Act, 1949. 
(2) It ~xtcrrds to thc wholc cf the 4[Statc of Tamil 
Nad u 1. 
"(3) It shall ccme into fbrcz at once 9 * * * * * * * * * ***I 
1 These words were substituted for the words "Short title, extent, 
commencement and duration" by section 4 (i) of the Tamil Nadu 
Essential Articles Control and Requisitioning (Temporary Powers) 
Amendment Act, 1979 (Tamil Nadu Act 10 of 1979). 
a These words were substituted for the word "Madras" by the 
Tamil Nadu Adaptat~on of Laws Order, 1969, as amended by the 
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 
a The brackets and words "(Temporary Powers)" were omitted 
by section 4 (ii) of the Tamil Nadu Essential Articles Control and 
Rauisitioning (Temporary Powers) Amendment Act, 1979 (Tamil 
Nadu Act 10 of 1979). 
Q This expression was substituted for the t xpression "State 
of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, 
as amended by the Tamil Nadu Adaptation of Laws (Second Amend- 
ment) Order, 1969. 
GThis subeection was substituted for the original sub-section (3) 
as subsequently ame~dzd by section 2 of the Tamil Nadu Essential 
Articles Control and Rqquisitioning(Temporary Powers) Re-enacting 
Act, 1956 (Tamil Nadu Act V11 ot ~9301. 3amiJ Nadu Act VI of 
1956 was deemed to have come into force on the 26th January 1956. 
6 The words, fig lres and letters "and shall remain in 
and inclusive of the 25th January 1979:' were omitted 
4 (iii) of the Tamil Nxdu Essential Articles Control a 
tioning (Temporary Powers) Amendment Act, 1979 (Tarni 
10 of 1979). The life of this Act had been extended fro 
to time by Tamil Nadu Acts IU[ of 1958, 2 of 1%3,4 of 1966, 
1966,20 of 1967.1 of 1969 and 9 of 1974 ; and this Act was 
permanent by Tamil Nadu Act 10 of 1979. 
- -- 
: T N. Act XXIX] Essential Articles Control and 75 
Bequisitioning 
I 
2. In this Act, unless- there is ,anything repugnant Definitioro. 
ia the subject or context- 
(b) "notified order" means an order notified in the 
*Fort St. George Gbtettc- , 
(c) "undertaking" means any undertaking by way of 
any trade or busin~ss and includes thr occupation of 
handling, loading clr unloading goods in the course of 
*Now the Tarnil Ndu Government Gazette, 
76 Bsential Articles Control and [1949: T. N. Ad ]EXIE 
kguisitionhg 
(b) for controlling the prices at which any essential 
article may be bought or sold ; 
(c) for prohibitirg or regulating by licences, 
permits, or otherwise the storag-, distribution,transport, 
disposal, acquisition, use or consumption of any essential 
article ; 
(d) for prohibiting the withholding from sale of 
any essential articlc. ordinarily kept for sale ; 
(e) for requiring any person holding stocks of an 
essential article to sell them at fair prices to spcified 
persons or class of persons or in specified circumst rtnces i 
(f) for regulating or prohibiting any class of 
commercial or financia.] transactions relating to any essen- 
tial artice, ,:hich in the opinion of the l[State] Govern- 
ment are, or if unregulated are likely to be, detrimental 
to the public interest ; 
(g) for collecting any information or statistics 
with a view to regulating or prohibiting any of the afore- 
said matters ; 
(h) for requiring pxsons engaged in the %[ 
suqply or distribution of, or trade or commerce in, any 
esiential article to declare their stocks of essential articles, 
to maintain and allow inspectic n of or produce for inspec- 
tion any books, account5 and records relating to theh 
business, and to furnish any other information relating 
thereto 
(0 for regulating tho praoessing of any -sentfat 
article I 
(j) for exercising over the whole or any part of an 
eltisting undertafdng, such functions of control and subject 
to such conditions, as may be specified in the order 8 
(k) for ally i 
including 1 n par titular 
vehicles, vessels aa.d 
authorized to make 8x1 
1 This word was subst 
Adaptation of TAWS Order, 1950. 
a The word ''production' 
Madras Essential Articles C 
Powers) Amendment Act, 1 
I 
- - 
: T. N. Act XXIX] ~rsentiai Articles dmtd ad 94 
Requisitioning 
rson has reason to believe that a contra- 
der has been, is being or is about to be 
ant or issue of licences, permits or other 
ging of fees therefor. 
)1 
tcl Government* it is 
r.intaining, increasing 
rticle or f~r arranging 
and availrbilit y at fair prices 
e] Government may, 5y 
n y proptrty, ,. -1rable or 
such further orders as appear 
expedient in connexion with 
Provided that no property used fjr the purpose of 
religious worship shall be requisitioned under this section: 
Provided further that buildings solely used for resi- 
dential purposes shall not ordinarily be requisitioned. 
nmen t have requisitioned 
on (I), they may use or deal 
manner as may appear to them 
acquire it by serving on the 
wner is not read.ily traceable 
pute, by publishing in the 
notice stating that the l[State] 
to acquire it in pursuance of 
cquisition is served. on the 
is published inthe *Fort St. 
rge Gazette, under suoae~t:iion c!), t hm , at the beginn- 
ing of the day on which the notice is sc served or publis- 
hed, the property shall vest absolut.:ly inthe L[Statt] 
Government free from all encumbranczs and the period 
of requisition thereof shall end. 
1This word was substituted for the word " Provincid" by 
the Adaptation of Laws Order, 1950. 
tainingr or increasingl tbe 
re omitted by section, 5 of 
Requisitioning (Temporary 
ras Act Xl[LT of 1952). 
w the TbmU Nadu Govemmctnt Gazette. 
I 
Powers of 
requisitioning 
and acquisition. 
Payment nponsatia 
Reqisit wning 
' 5. *I * * * * - I 
e[(l)] Whenever in pursuance of section 4, any 
$bova ble or immovable property] is requisitioned or 
acquired, there shall be paid compensation determined in 
the manner and in accordance with the principles herein- 
after set out, that is to say,- 
(a) where the amount of compensation can be fued 
by agreement, it shall be paid in accordance with such 
agreement. ; 
(b) where no such agreement can be reached, the 
?State] Government ahall appoint; .as arbitrator, the 
District Judge or Subordinate Judge having jurisdiction 
over the area 6[in which the movable property is requisi- 
tioned or acquired orJ in which the immovable property 
is situated, 
J3~plawtion.-Por the purpose of this 'clause, the 
expression "District Judps' includes a Judge of the Madras 
City Civil Court. 
(c) At the commencement of the prowdings 
before the arbitrator, the *[State] Government and the 
person to be ~c~mpensated shaU state what in their respec- 
tive opinions is a fair amount of compensation. 
'[(d) The ar bitrat or in making his award shall have 
regard- 
(i) intbe oaseof movable property, to its markrt 
value ; 
(ii) in the case of immovable property. to the 
provisions of sub-section (1) of the section 23 of the Land 
Acquisition Act, 1894, so far as the same can be made of applicable and to tho fact wh~ther the acquisition is of a 
permanent or temporary character : 
1 This sub-section was omitted by section 3 (i) of the Tamil Nadu 
Essential Articles Control and Requisitioning (Temporary Powers) 
Amendment Act, 1953 (Tamil Nadu Act XVIU of 1950). 
8 Sub-section (2) was re-numbered as subsection (1) by ibfd. 
8Thtuc vords were substituted fgr the words "immuvabla pA ,&rty" by section 3 (ii) (a), ibid. 
'This word was substituted for the word "Provincial" b~ tb 
Adaptation of Ldws Order, 1950. 
5These words were inserted by section 3 (ii) (b) of the i.alxlil 
Nadu Essential Articles Control and Req~Jsitioning (T~mp~r~~ 
Powers) ~mendnent Act, 1950 (Tamil Nadu Act XVUI of 195C). 
6This dausa substituted for original clause (dl by swtbc 3 (ii) (c), ibtd, 
. # ... 
1949 : T .N. Act WUX] Essential ~rt i& controi ?g 
and Requisit rbning 
Provided that where any property requisitioned is 
su hequent ly acquired, the arbitrator, in any proceedings 
in conncxion with such acquisition, shall, for the purposes 
of this clause, take in to considerat ion the market value of 
the property at thc date of the requisition as aforesaid 
and not at the date of its subsequent acquisition.2 
(e) An appeal shall lie to the High Court against 
theaward of an arbitrator where the value of the sub- 
ject-matter in dispute in appeal is two thousand rupees 
and above. 
.Explanation.-I n the case of periodical payments 
the value of the su bject-matter in appeal shall be deemed 
to be five times the amount in disput : calculated for one 
year. 
(f) Save as provided in this sectionand in any rules 
made unaer this Act, nothing in any law for the time being 
in force relating to arbitration shall Lapply to arbitrations 
under this aection. 
'[(2)] The ?State] Government may, with a view to 
requisitioning or acquiring any property under section 4, 
by order.- 
(a) require any person to furnish to such authority 
as may be sptcified in the order such information in his 
possession relating to tha property as may be so specified 8 
(b) direct that the owner, occupier or person in 
possesion of the property shall not, without the per- 
missionof the 2[State] Government, ~~SPOPL: of it Or where 
the ~operty is a bmlding, structurally alter, it or where 
the property is movable, resove it from the 
premises in which it is kept, until the expiry of such qeriod 
as may be specified in the order. - 
6. (1) Wh~re any property requisitioned under this Release from 
Act is to be :eleased from such requisition the P[Stste] 
Government or any person generally or specially authcri- 
zed by them in this behalf, may, after such inquiry, if 
any, as they or he may in any case consider it necessary 
1 Original sub-section (3) was re-numbered as sub-section (2) ' by section 3 (i) of the Tamil Nadu bssmtial Articles Control and 
Requisitioning (Temporary Powers) Amendment Act, 1950 (Tail 
Nadu Act XVl[II of 1950). 
2 This word was substituted for the word "Provincial" by &g 
Adaptation of Laws Order, 1950. 

I 
82 Essential Art ides Control [I949 : TON* Act XXn -. 
I S 
and Requisitioning . 
i 
Wt ...,:km . ' 
. -- YL - modified bytk competent autborityunderthe provisions 
L.e, A:- . ' of this Act ; and all appointments mr.de,licencesor permits 
issued, regula~ions made and diiections given uder any - - such ofder shall also continue in force until supersQd 0; 
modified by t he competent aut hot it y. ,. 
I 
Explation.- In t his su b-sectio n, "Official Gszette" a 
. . means, end shall be dtemeci alwdys to have meat, the 
Gazette ~ZTndia, t b Fort St. George Gazette*or any District Gcs-tte published i3 the l[StRte -of Tamil N?.du$ 
. 
(2) The YStatc) Gover.nment may, if they consider it 
en*'edieot so to do,fro mlime to time, modify or annul any 
order,~ppointment,licenm,permil,re(~ulirlior:or direclion 
upeci fied in su b-seci ion (1). 
10. Any order made u nder sect ic n 3, section 40r section *. 
7 or continued under sect ion 9 shall have eflect notwit h- 
inconsislent thercwir h conlaincd in any . 
an this Act or in any instrument having-! 
oi any enadmcnt other than this .Act:*! 
Every aut hor it y or o fficer who ma kes any q 
su $nee of any of 1 he provisic ns of thi 
case 3f an order :of rr general nature affe 
pc blishh such orc er by a not i fica 1 io 
byru les m&de under this 
be opinion of such ~uthority o 
nfor ming t he per sons whc m t 
Where the order is not of 
~fficer serve the ord 
son concerned- 
nally by'delivering ce tc nde~ ir g 
p. * @2 
i" 
* 
s substituted for the 
Adaptation of 
il Nadu Adaptation ~f 
I * 
word* was substituted for the word on of Law8 Order, ,1950, 
. - .. . , 
where the per son cannot be found, by leaving 
copy of the crder. with some adult male 
his family or by affixing it to any part of the 
which he is known- to have last residtd or 
usine ss cr per sonally wor kt d for gain. 
sion of tllis Act empowers an 
action by notified order the, 
shall not apply in relation to 
ravenes any order made under Pet- alties. 
[State] Govcrnmeilt : 
here the contravention is of an order I 
to an essential ar tide which contains an express 
n in this behalf, the C~urt shall make such, 
asons to be reccrd~d in writing, it is 
ecticn should net bz made in respect 
e or, as the case may be, a part sf the property. 
L 
.'.. :., . , a'.: ,- 
Where any essential article is s~izcd under the .- em ., , 
of an order madc under this Act 31 continued 
-- -- ". I*. n 
"Provincial" by the * 




. ,. 88 ErsentiuZ Articles Control and El949 
- .- Bequisit ioning . 
(b) onor after thc 1st October 1948 und 
I vision of the said Act or of the said Act as amended by 
Madras Act 1 of 1949, on the footing that the said Act or 
the said Act as so amended was in force at the relevant 
time, or 
- (c) under any provision oft he said Act as appted to '[the State aforesaidj on the footing aforesaid, or . ij 
(d) uncle1 any provison of the said ~rdinance, ' 
shall be dekmmd to have barn incurred, awarded, or corn- 
• menced under th-. corresponding prosision of this Act. 
' 
bdrwnity for ' 21 . (1) No suit, prosecution or other legal proceedin$ 
etc* r shall lie i n any Cuur t against any officer or servant, of the".' ' . 
darfss[State] Government or any person acting under his. 
. mm ~adlrection or aiding or assisting him- 
" mof # 
' 1948. (a) foror, or on account of, or in respect of, any sentence passed, or any st ordered or dcne by him in 
, exercise of any jurisdiction or power purporting to have : been oonferred on him by or under the said Act or the said 
Act as amended by Madras Act I of 1949 or the said *Act - as applied to 3[the Pudukottai State] 4[under the Foreign . 
. Jurisdiction Act, 19471, or -. 
*,- i - ' Y 
. . 
f.,ZV * 
I-? q . ., . . (b) for carrying out any sentence passed by any Court in exercise of any such jurisdiction or power as 
suit or pt her legal proceeding shall lie agaihst 
Government for; or on account of, in 
ny acr, matter *or t hing.whatsoevm, pur&~iag n d( )n: in pursuance of or under the's& "ct 
AC as amended as aforesaid or the said'"&t: .. 
to I[the State aforesaid]. 
"l%esg words wen substituted for the w 
aforesaid" by section 2 of, and the Schedule to, the 
. ; . :ti04 of Laws Order, 1954. , 
, 'This wcrd was substituted for the word 66 
Adap'tation of Law$ Ordeh 1950. 
words were substituted f& the war 
a~al!e States': by section 2 of, and-t s-Adaptation o? Laws Order, 1954. 
by section 4 of, and t 
~aling and ~&~~di~~ 
" .-.. . - 

762 &sential A rticlrs Control and [I958 : T. N. A& 
Requi@ioning (Temporary Powers) Arnejull)z mat 
'[TAMIL NADUJ ACT No. lT[ OF 1958? 
' [THE '[TAMIL NAUII] ESSI~NTIAL AR-TIC!LES CONTROL AND 
REQUISITIONING ("TEMPORARY POWERS) 
AMEND&ISNT ACT, 1958.1 
[Received the uxset~t of the Presiderrt on the 20rA March 
1958 ; Jirst publisizetl itz the Fort St. Qcorge Gazette 
Extraordinary, on the ?l,lrl Mnrclt 1958 (('ilcrit~a 1,1880).] 
An Act further to amend the '[Tamil Ys411.l Essential 
Articles Control and lbquisitiouing (Tcmy orary Powers) 
Act, 1949 and to e~tend that Act to tile transferred 
territory in tlrc :[State of Ta~uir 14:-rttu]. 
WHEREAS it id ex~)rciient further to amellti the l[Tainil 
Nadu] Esseoi ill1 i\~-t iclcs Coiltrol and ~eouisitionilly 
(Temporary Powers) Act, 1949 ('[Tamil Nadu] Act 
XXIX of 1949). for [he purpose hereinafter appearing 
and to extcnd that A(:L ff) the transkrrcd territol-y in the 
3[State of Tanlil Na:!a! ; 
BE it enacted in the Ninth Ycar of' the Rcpublic of 
India as follows : - 
I . 
Short title. 1. This kt in;ty hc c;;~llc?d the "i['T;tnlil Nad~i] Essential 
Articles Con! rvl and Requisitioning (?'e~~lpora:-y Powers) 
Amendment Act, 19%. " 
Amendment 2.1nsectio111,sub-section(3), of tlte l[TailrilNadu] 
of section 1 9 Essential Articles Control and Requisitioning (Temporary 
Nadu Powers) Act, 1949 (JrTsmil Nadu] Act XXlX of 1949), Act] XXIX of 1949. for the words, fisures und letters "the 25t t~ January 195S5', 
the words, figures and letters " the 25th January 1963 ?' 
shall be substituted, 
----- - - - - - - - - - - - - -- - . - --- - - - - -- - . - - - 
T;,-,e words were s~ibstitgted for the word " Madras '"by the 
Tamil Nadu Adaptation cf Laws Order, 1969, a5 amended by lhe 
Tamil Nadu Adaptation ol' Laws (Second Amendment) Order, 1969. 
2 For Statement of Objects: and Reasons, see Lort St. George Glrzette Extraordinary, dated r!lc 10th &larch I 958, Part I V-A, page 
127. 
3 This expression was siibstituted for thc cxpt.cssio~~ " State sf Madras" by the Tamil N;:du Ada~:ation of Laws Order, 1969, as 
amended by the Tamil Nadu Adaptation OF Laws {Second Amend- ment) Order, 1969. 
4 This expr(5ssion was substituted for the expression " Madra 
Act" by the Tamil Nad~ Adaptation of tacts Order, 1970, 
d- . 
c- 6fl - 
, 
(3) Tile repeal by sub-section (2) of the correspond- 
ing law shall not affect- 
.-- 
I. 
Articles Cotltrol and [ 1958: T.N. Act 11l 
ing (Tenlpotary Powers) Amendment 
Unless the context otherwise requires, the 
neral Ciauses Act, 1 891 (l[Tarnil Nadu] 
shall apply for the intorprccation of tht 
ended to, and in force in, the: transferred 
(6) For the purpose sf facilitating the application 
of the said Act in tile tran!:ferred territory, any court or 
other authority may construe :kc :.3:d Act with such 
alterations not affecticg the substance as may be necessary 
apt it to the matter beforc the court or 
I . +. 
(7) Any reference i11 the said Act to a law which is 
not in force in the transferred territory shitll, in relation 
to that territory, be construed as a reference to the law, 
if any; in force in that territory corresponding to the law - 
I . referred to in the said Act. 
(8) Any reference in any law which continues to bc ' ill force in the transferred territory after the commence- 
ment of this Act to the corresponding law shall, in relation 
to that territory, be construed as a reference to the said 
' 
Act or as the case lnay be, to an order duly made under 
the said Act. 
Explanation:--For the purpose of this section, the 
expression " transferred territory " shall mean the Kanya- 
kumari district and the Shencottah t aluk of the Tiruaelveii 
district, 
Repeal, 4. The ' *?rdras Essential Articles Control and Roquisi- 
tionirz (Temporary Powers) Amendment Ordinance, 1958 
(Madras Ordinance If of 1958), is hereby repealed. 
*----.; 
1 ~hese words were su5stilutcd for the word " Madras " by the 
. Tamil Nadu Adaptation of Laws Order, 1969, as a~nended by the 
du Adsptation of Lam (Second Amendmat) Ordtr, 1969. 
, . 
a, . '"'"7' . - 
376 - &cnt!ai Articks Controt and 11979: T. N. Acl 16 
Requisitioning (Temporary Powers) 
Amendment 
TAMIL NADU ACT NO. 10 OF 1979.* 
THE TAMIL NADU ESSENTIAL ARTICLES CONTROL 
AND REQUISITIONING (TEMPORARY POWERS) 
AMENDMENT ACT, 1979. 
[Received the assent of the President on the 21st March 
1979, .first published in the Tamil Nadu Government 
Gazette Extraordinary on the 22nd March 1979 
(Panguni 8, Kalayukti (2010-Tiruvalluvar Aandu)).] 
An Act further to amend the Tamil Nadu Essential 
Articles Control and Requisitioning (Temporary 
Powers) Act, 1949. 
BE it enacted by the Legislature of the State of Tamil 
Nadu in the Thirtieth Year of the Republic of India as 
follows :- 
short ti;le. 1.This Act may be called the Tamil Nadu Essential 
Articles Control and Requisitioning (Temporary Powers) 
Amendment Act, 1979. 
2-4. [The amendments made by these sections have 
already been incorporated in the principal Act, namely, 
the Tamil Nadu Essential Articles Control and Requisi- 
tioning (Temporary Powers) Act, 1949 (Tamil Nadu Act 
XXIX of 1949).] 
Construction of 5. Any reference to " Tamil Nadu Essential Articles 
f~~~~~u Control and Requisitioning (Temporary Powers) Act" in 
Essential any Act or in any rule, notification, proceeding, order, 
Articles Control regulation, by law or other instrument made or issued 
and under such Act shall be construed as reference to "Tamil 
Requisitioning Nadu Essential Articles Control and Requisitioning Act". (Temporary 
Powers) Act". 
Repeal. 6. The Tamil Nadu Essential Ar 1 icles Control and 
Requisitioning(Temporary P0wers)Amendment Ordinance, 
1979 (Tamil Nadu Ordinance 4 of 1979), is hereby 
repealed. I 
W'' ' ' - 
* For Statement of Objects and Reasons, see Tamil 
Government Gazette Extraordinary, dated the 22~d February 
1979, Part IV-Section 1, Page 3% 

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