LexThe Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act
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 ma
terial should take their own professional and
legal advice before acting on any information co
ntained 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 Requisitioning and Acquisition of Immovable Property Act,
1956
Act 42 of 1956
Keyword(s):
Landlord, Person Interested, Premises, Property, Tenant
Remove Watermark Wondershare
PDFelement
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.
Remove Watermark Wondershare
PDFelement
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
hith.
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
Remove Watermark Wondershare
PDFelement
'[TAMIL
NADU]
A~T
No.
XU1
OF
1956..
[THE
'[TAMIL
NADU]
REQUISITIONING
AND
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
An
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'dr~"
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
Tdl
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
nese
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
Idvable,
Plroperty
(Amendment)
Act,
1977:(PiesiQeht's
Act
6
of
lflpiLPz
-.
sd,Th,
brack9ts
.
akd
,
figure
"
:(I)?
were,omitted
by.,
sec\io&
2
(b),
ibid;,
.
*
Remove Watermark Wondershare
PDFelement
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)
66G~~ernme~~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
as
8
trustee,
pardian
or
receiver
for
any
other
person,
or
who
would
so
the
rent
or
be
emiiltd
to
recchc
tho
rcilt
ii
the
pro-
perty
were
let
to
a
tens
nt
;
(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
of
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
~pou
the
owner
or
any
0th~~
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>
Remove Watermark Wondershare
PDFelement
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
to
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.
Remove Watermark Wondershare
PDFelement
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~ti~~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,
the~ovcrn-
merit
shall,
~lnless
thz
property
is
aquircd
utiiier
section
7,
release
that
propcrty,
as
soon
: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
(
to
:i
period
of
ten
years
from
such
c~oclmencernent
;
(ii)
any
pr0p~:i-t
j
it
id
;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?~:~ZC~
.;,.:ct
i011
7
wilIlin
the
period
of
ten
ycalc,
aforesaid.]
.-,.
-
-
---
---
r
.
-.-
.-
_.-
-_-__-_____
-
1
This
sub-section
was
~r-rsi.rted
by
scctiorl
i(2)
of
tt~r:
?hmif
Nadu
~~~~lsirioning
and
Acq~iisit
iurl
of
~rnmovctble
Property
(Amend.
merit)
~ct,
1977
(Presidi.nt9s
Act
6
of
1977).
Remove Watermark Wondershare
PDFelement
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-
-
$,
+
sion
shall,
as far as
practicable,.
be
given.
to
the
person
i
tj
.
from
whom.
pcsofasion
was
taken
at
the
t~me
'
of
-
.-
t-
the
requisition
or
to
the successors-in-interest
df
sbch
-
,
.
a
.:
erson.
4
t3
5.1
.?
3.
;>
-
(3)
.The
delivery
of
possession
of
the
property
to
the
'
";"?,.o*.L
:
,
;
.5
specified
in
an
order
under sub-section
(2)
shall
be:
.
,%A
-
u
a-
.
'.
a
full
discharge
of
the
Government
from all
liability
in
'
respect
of
the property
,
but shall
not
prejudice
any
rights
in-
respect-of
the
propt:rty
which
any
other person
may
be
.
a
.
entitled
by;
due
process
of
law
to
enforce
against
the
person
-
to
whomposse~sion
of
the
property
is
given.
(4)
,Where
any
person
to
whom
p
requisitioned
property
is
to
be
given
is
n
-
no
agentior
other person
empowered
to
a
his
.behalf,.$
the
competent
authority.
sh
'
.
.
,
;
.
..
declaring
that
the
property
is.
released
iq
be
affixed
09~'soae
conspicuous
part
o
.
,
shall
alsq
.
.__
.pgblish
_+
_
the
notice
.
.
inJ~e:fb~
.
,93.
.
.,.,
:
Gazettd
d<
.,I
.
'2.
L
\
zv
.
-6
s
.,
..
.
3.
.
(5~~1when
a
notice: referred:
to
in
s
b-sehio
,
pubiish&
i
2in
the
J
[Tamil
~adu
,'.~ovkrnrnen
t
Gaze
property
specified
in
such
notie
shall
cease
to
be
s
requisition.ori
and
'from
.the
date
&of
such
~u'blic
'
2
be
deemed
to
have
beqn,
delivered
to
t
,
-
.
entfiled
ti
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)
mere
any
property
requisitioned
under
this
Act
,
*.I'
,.
<
.-
'
T,
,:.;
,tc
or
any
material
part
thereof
is
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
,<d#.$&:ti
%
---
L--
--
f
P**:,*;l
amkk
W~r&,
blackcis,
figures
and
1el:er
were
inserted
by"
.
i
;$3
4
set
iWlr
"(b)
"f
.he
Tamil
Nadu
Requisit
ioniny
and
~cquisii
ion-
i$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~zettc"
by
section
5
of.
the
Tamil
Nad~
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
Remove Watermark Wondershare
PDFelement
674
kequisitioning
.~rl~l
dc~uisi8ioion
!I956
:
T.N.
Act
XLU
of
Immovubk:
Pi~~wt,~~
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~rnment
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
of
such
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
Govbm~nt
and
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
St.
Gears
Ga~etfe.~'
by
se
Requlsitionlng
mid
Acquisition
of
i
ment)
Act,
1977
(Pr~sfdent'g
Act
6
of
1977).
-
--
-
P
-rr
(
*
-
-.
Remove Watermark Wondershare
PDFelement
(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$'
includes
buildings,structures
and
improvements
of
evc~j
description.
.
,-
\
8.
(1)
Whcre
any
property
is
requisitioned or acquired
p,.inciples
and
under
this
Act,
there
shall
be
paid compensation
the amount
rn;thod
of
de-
of
which
shall
be
determined
in
the
.:nanner
and
in
accor-
termining
wm-
dance
with
thz
principles hereinafter
set
out,
that
isto
say,-
pensatioll-
(a)
where
th5
am3unt
of
compensation can
be
kc^!
by
agreement,
it
shall
bs
paid
in
accorzarice
with
suph,
agreement
;
\
'
(b)
where
no
such
agreement
can
be
leached,
the
-
Government
shall
appoint as
arbitrator
a
person
who
is,
or
has
been,
or
is
qualified
for
appointment
as,
a
Judge
of
a
I
+
%
High
Court;
(c)
the*
~overnrnmt
may,
.in
any
particular
case,
.
nomihate
a
person
having
expert
knowledge
as
to
the nature
of
the
property
requisitioned
or
acquired.
to
assist
the-
arbitrator
and
where
such
nomination
is made,
the
person'
.
,
.
-,
to
be
compensated
may
also
nominate
an
assessor
for
the
,
.
.
.
,
-.
J
same
purpose
;
T
(d)'
at
the
commencement
of
the
proceedings
before
.
~he~arbitrator,
the
Government
and
the
person
to
be
born:
pensated
shall
state
what
in
their- respective
opinion is
a
fair
amount
of
compensation
;
(e)
the
arb'trator
shall,
after
hearing
the
dispute,
-
.;.
,
\
e
make
an
award
datermining
the
amount
of
compensation
'
<>
.
..
which
appears
to
him
to
be
just
and
specifying
the
person
or
.
I
(d,
a.a
I.
persons
to
whom
such
compensation shall
be
paid;
and
in
%.
.
-,A
,
a
*.?
-*-
making
the
award,
'he
shall
have
regard
to
the
circum.
tances,
I,
s<:"3bv
&.4'
of
eii
case
and
th.e
provisions
of
sub-sections
(2)
and
(3);;
-
%
+
*w=$b,%,gL
;"*:
>$k
.(>t-rd
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.
.. *
Remove Watermark Wondershare
PDFelement
--
--
676
&quisitioraing
add
Acquisilioir
1195b
:
'Pe&,
Act
XLYI
of
lmmovabk2
Pl.opcr2.y.
(g)
nothing,
in
the
Arbitratioa
Act,
1940
(Central
~ct
x
of
1940),shall
apply
to
arbitrations
under
this
section.
(2).
'[The
au:,;mt
of
compensation
~~yable
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
of
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
AC~,
1
977
(
President's
~ct
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?
Mt
XXV
cf
1949)
''
by
section
4
(a)
(ii)
of
'the
Tamil
Nadu
Regwsltioning
and
Acquisition.
of
myable
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
thi
.
-1
Nadu
Adaptation
cf
Laws
(Second
Atnsndmem)
Order,
1969;.
Remove Watermark Wondershare
PDFelement
'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
3
f
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).
-
Remove Watermark Wondershare
PDFelement
676
&eguisiti~aing
urtd
AcquWtiuji
11356~
a
I&*
A.,.;.
F.J
.Act
XILU
oflmmovab!e
Property.
(4
nothing
in
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
th~
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
of
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
,
may
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
AC~
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
$6
hfndras
'*
by
the
Tamil
Nadu
Adaylar:~ll
of
Laws
O~dci,
1909,
as
a~nended
by
the-
-
Tamil
Nadu
Ada~tclti
jn
cf
Laws
(secoiai
Ana~jidmcnt)
Qr&l;
1969.
.
Remove Watermark Wondershare
PDFelement
1.
Any
persoil
aggrieve6
bj
an
aw2
rd
of
,
he
arb.3
-
Appoa~s
from
rat
or
made
under
section
8
may.
within
thirty
days
from
awards
in
re%'
pet!
of
COlIlDeb*
.
the
date
of
such
award,
prefer
an
appeal
to
the
High
Court
:
-.
.
Provi
5eL
t
hat
.L
he
High
ouri in la^
en
ert
?in
he
appeal
.
art
er
t
he
expiry
of
t
he
said
pen'od
of
i
hin
y
days,
if
it
is
'
satisfied
that
the
a
pellani
was
prevented
by
suficient
e
cause
from
filing
h
appeal
in
time.
f
-
j.
12.
Tl~ecompe'enl
aiithority
zinc'.:.
hhs
arbi!retb
appuint-
ed
under
section
8,
whle
holding
an
inquiry
or
as
the
case
urblirators
I
may
be,
arbit
rat
ion
proceedings
under
this
Act,
shall
hak
have
crtaln
all
the
powers
of
a
civil
court,
Wle
trying
a
suit, under
the
~owersof
civil-
Courts.
.
-.
Code
of
Civil
bocedure,
1908
(Central
Act
V
of
1908)
in
_.
r
aspect
of
the
fo!
lowing
matters,
namery
:-
.%
*,
c
'
-e
(a)
sumiaoning
and.
..
enforcing
the
at
teric'
ance,
of
any
-
-
f
7%
.,
,ks,
'
3
"*LLt"
person
and
examining
him
on
oat:h
;
.
-;
:d.x,.=.~
,*@&++
*+.g;r
-%
>
a
-.x
.
4%.gL.
-
(b)
iequiriny
ihr:
disc'overy
and.
production
of
.
any
'
.
.-:+&$
-
'
..
:c
,
3':
'&;
-
docurnen;
;
.
..
:
,I.;
,
.
<-
*.,
1
<;I,,
(c)
reception
of
evidence
on
affic:avii
s
;
-,
.
".
..
.
.-
A+p-
w
$*.
.
.
.
.i
-;<
,*%
(d)'requsiitioning
any
public
recod
from
any
court
-
:,
or
office
;
..
I
#.
.
(e)
issuing
commissi
oni
for
examinat
ion
of
wi
nesbs.
-
-.
-
,,
i
I
J
..
.
-.
1
3.
The
~oier~etri
or
the'
compcttent
au
t
hosi
.
..
with
a
view
t
o
,carrying
'out
,
the
purposes
of
seci
-section
'6,
0:
section
7
or
settion
8,
by
order
'~equire.~
.
t
furnishi
to
shch
officer
as
may
1
je
specifiecl.'
in
-
order,
such
informition
in
his
possession
as
may
be
spkci
*
,
rela-t
ing
i.0
any
pr0pert.y
which
is
reqhi~itioned
or
8C
-
or
.intend,ed
.t
o
be
requi~i~ione'd
os
acquired,
un
ACZ
.
-.
i
'
14..
The
compel:en:
aufhit
y
or
any
officer
empower
in
this
behalf
by
sQch
authodt
y
by
general
or special
drder,
may
enter
and
inspect
any
property
for
the
Purposes
of
-
-I
..*
,
-
determining
whe;
her,
and
if
so,
in
what
manner,
an
order
-
,
R
:
,
under
this
Act
should
be
made
in
relat
ion
i
0
such
Propert
Y
or
with
a
view
;
securing
compliance
with
an
order
made
.,
.,
.
u&i.er
this
Act.
.
.
*.
.
Remove Watermark Wondershare
PDFelement
-
-
[I956
:
'i.N.
Ac
XLI
680
Rcquisificaifig
and
A
qqiiisil
ioir
r$
i~~r~tovablc
,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~nd
by
he
Government
of'
embling
the
land
to
be
properly farmed,
ng
ir
.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
~~onls
and
letters
St.
George
Gazette
"
b>
:jection
5
of
tile
Tillnil
fidu
&q&itiodng
and
Acquisition
of
Immovable
Property
[Anxendment)
Act,
lm
(Isresident's
Act
6
of
1977).
.-
Remove Watermark Wondershare
PDFelement
-
---
--
-
-
-.
.
-4-
a---
-_&
1
3q
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
0rdk
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
axing
a
copy
thereof
on
any
'conspicuous
part
of
the property
to
which
it
relates.
.
."'
fi
*
e
'
S
.L-,q
9
"
,
17.
No
person interested
in
any property
requisitioned
r2g:pL6
or,
acquired
under
this
-Act
shall,
without
-the,
previous
.
-
-
-
,
,I.
-
*
written consent
of
the
comnetent
~uthority
or
except
for
the,
<
'
purposes
of
effecting
repairs
or
complying
with
a
municipal;
,
requirement,
wilfully
disturb
any
convenience
or
easement
,
".
'
attached
to
such
property
or
remove,
destroy
or
render
unserviceable
anything
provided
for
permanent
use
there-
.
with
or
discontinue
or
cause
to
be
discontinued
any
supply
..
(.
or
service
provided
for
the
property.
,
i
>-
,<,
18.
The
Government
.by,
notification
in the
'[
te],
direct
.that
the
powers
nder
this
Act shall,
in
such
onditions,
if
any,
as
may
bispedfied
w&&
substitqt&fA
'for
tlie
words
'
and
iett
"
by
stction
5,'of
the
Tamil
Nadu:Req
f
~mmauable"Pro.@ertp
(Amendmvnt).
Remove Watermark Wondershare
PDFelement
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
the
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
~rov~~~mi~nt
#,r
the
competent
,
Semat"
authority,
while
exercising
any
power
or
performing
any
duty
under
this
kt,
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
and
Acquisition
of
Immav~l\ble
Property
(Avendmeot]
kt,
1977
(President's
Act
6
of
1977),
-
S,
8'
Remove Watermark Wondershare
PDFelement
-
--
c___-
--
--
.
u---
--;4
a#--
"
I
-\
-1956:
T.N.
Act
XLUJ
'?Requisitioning
md
dcqui-
.
683
-*
:.
I
',
-
s
-.\
sition
of
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
section
3
-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.
,
Remove Watermark Wondershare
PDFelement