TAMIL NADU REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1956
(Tamil Nadu Act No. 42 of 1956)
These words were substituted for the word "Madras" by the Tamil Nadu Adaptation or Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
For Statement of Objects and 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 Schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961) repealing the corresponding law in force in those territories.
(Received the assent of the President on the 21st February 1957; first published in the Fort St. George Gazette on the 6th March 1957.)
An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the [State of Tamil Nadu].
Whereas it is expedient to provide for the requisitioning and acquisition of immovable property of the purposes of the [State of Tamil Nadu].
Be it enacted in the Seventh Year of the Republic of India as follows :-
1. [Short title]. - [**] This Act may be called the [Tamil Nadu] Requisitioning and Acquisition of Immovable Property Act, 1956.
[(2)* * * *].
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "award" means any award of an arbitrator made under section 8 :
(b) "Competent authority" means any person or authority authorised by the Government, by notification, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;
(c) "Government" means the State 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 benefit, of any other person of as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent if the property were let to a tenant ;
(e) The expression "person interested" in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning of acquisition of that property under this Act ;
(f) "premises" means any building or part of a building and includes-
(i) The garden, grounds and out-houses, if any, appertaining to such building or part of a building;
(ii) Any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(g) "Property" means immovable property of every kind and includes any rights or over such property;
(h) "Tenant" means any person by whom or on whose account rent is payable for any property and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.
3. Power to requisite immovable property. - (1) Where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the State, and that the property should be requisitioned, the competent authority-
(a) Shall call upon the owner or any other person who may be in possession of the property by notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisition; and
(b) May, be order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property of let it out to tenant until the expiry of such period, not exceeding 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 do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connexion with the requisitioning :
Provided that no property or part thereof-
(a) Which is bona fide used by the owner thereof 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 accommodation of persons connected with the management of such place of worship or such school, hospital library or orphanage, shall be requisitioned:
Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion is suitable.
4. Power to take possession of requisitioned property. - (1) Where any property has been requisitioned under section 3, the competent authority may, be notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver 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 (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.
5. Rights over requisitioned property. - (1) All property requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice requisition.
(2) Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.
6. Release from requisitioning. - (1) The Government may, at any time, release from requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good a condition as it was when possession therefore was taken subject only to the changes caused by reasonable wear and tear and irresistible force:
Provided that where the purpose for which any requisitioned property was being used case to exist, the Government shall, unless the property is acquired under section 7, release that property, as soon as may be, from requisition.
[(1A) Notwithstanding anything contained in sub-section (1), the Government shall release from requisition,-
(i) Any property requisitioned under this Act before the commencement of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977, on or before the expiry of a period of ten years from such commencement;
(ii) Any property requisitioned under this Act after such commencement, on or before the expiry of a period of ten years from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4,
unless such property is acquired under section 7 within the period of ten years aforesaid.]
(2) Where any property is to be released from requisition [under sub-section (1) or under sub-section (1-A)] the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make of cause to be made, specify by order in writing the person to whom possession of the property shall be given and such person shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successors-in-interest of such person.
(3) The delivery of possession of the property to the person specified in an order under sub-section (2) shall be a full discharge of the Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law of enforce against the person to whom possession of the property is given.
(4) Where any person to whom possession of nay requisitioned property is to be given is not found and has no agent or other person empowered to accept deliver on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the [Tamil Nadu Government Gazette].
(5) When a notice referred to in sub-section (4) is published in the [Tamil Nadu Government Gazette], the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any compensation of other claim in respect of the property for any period after the said date.
(6) Where any property requisition under this Act or any material pat thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force the requisition shall, at the option of the Government, be void :
Provided that the benefit of this sub-section shall not be available to the Government where the injury to such property is caused by any wrongful act or default of the Government.
7. Power to acquire requisitioned property. - (1) Where any property is subject to requisition, the Government may, if they are of opinion that it is necessary to acquire the property for a public purpose, at any time, acquire such property by publishing in the [Tamil Nadu Government Gazette], a notice to the effect that the Government have decided to acquire the property in pursuance of this section :
Provided that before issuing such notice, the Government shall call upon the of, of any other person who in the opinion of the Government, may be interested in, such property to show cause why the property should not be acquired; and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the Government may pass such orders as they deem fit.
(2) When a notice as aforesaid is published in the [Tamil Nadu Government Gazette], the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the Government free from all encumbrances, and the period of requisition of such property shall end.
(3) No property shall be acquired under this section except in the following circumstances, namely :-
(a) Where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Government and the Government decide that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or
(b) Where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property.
(4) Any decision or determination of the Government under sub-section (3) shall be final and shall not be called in question in any Court.
(5) For the purposes of clause (a) of sub-section (3), "Works" includes buildings, structures and improvements of every description.
8. Principals and method of determining compensation. - (1) Where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be determined in the manner and i accordance with the principles hereinafter set out, that is to say,-
(a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) Where no such agreement can be reached, the Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;
(c) The Government may, in any particular case, nominate 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 in assessor for the same purpose;
(d) At the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinions a fair amount of compensation;
(e) The arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the the provisions of sub-section (2) and (3), so far as they are applicable;
(f) Where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;
(g) Nothing in the Arbitration Act, 1940 (Central Act X of 1940), shall apply to arbitration under this section.
(2) [The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2-A) and (2-B), consist of-]
(a) 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 been taken on lease for that period :
Provided that such rent shall, in the case of premises, be the fair rent payable for the premises under the provisions of the [Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960)] and in the case of cultivable land, be the fair rent for such land payable under the provisions of the [Tamil Nadu] Cultivating Tenants (Payment of Fair Rent) Act, 1956 ([Tamil Nadu] Act XXIV 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 following matters, namely :-
(i) Pecuniary loss due to requisitioning ;
(ii) Expenses on account of vacating the requisitioned 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, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.
[(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2-B),-
(a) In a case where such property has been subject to requisition under this Act for a period of five years or a longer period immediately preceding the commencement of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977-
(i) First with effect from the date of such commencement, and
(ii) Again with effect from the expiry of five years from such commencement ;
(b) In a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1-A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,-
(i) First with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by the competent authority under section 4, and
(ii) Again with effect from the date of expiry of a period of five years from the date on which the revision made under sub-clause (i) takes effect ;
(c) In any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4.
(2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set (g) nothing in the Arbitration Act, 1940 (Central Act X of 1940), shall apply to arbitration under this section.]
9. Payment of compensation.[***]
10. Appeals from orders of requisitioning.[***]
11. Appeals from awards in respect of compensation. - Any person aggrieved by an award of the arbitrator made under section 8 may, within thirty days from the date of such award, prefer an appeal to the High Court :
Provided that the High Court may entertain he appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing he appeal in time.
12. Competent authority and arbitrators to have certain powers of civil courts. - The competent authority and the arbitrator appointed under section 8, while holding an inquiry or as the case may be, arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908 (Central Act V of 1908 in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath ;
(b) Requiring the discovery and production of any document ;
(c) Reception of evidence on affidavits ;
(d) Requisitioning any public record from any court or office ;
(e) issuing commissions for examination of witnesses.
13. Power to obtain information. - The Government or the competent authority may, with a view to carrying out the purposes of section 3 of section 6, or section 7 or section 8, by order require any person to furnish to such officer as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this Act.
14. Power to enter and inspect. - The competent authority or any officer empowered in this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether, and if so, in what manner, an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act.
15. Value of increased efficiency in framing, etc. to be paid to Government on release from requisition. - (1) Notwithstanding anything contained in section 6, where any agricultural land is released from requisition, the owner and any person interested in such agricultural land or in possession thereof shall be liable or pay to to the Government within one month after the date of a demand made in writing by the competent authority a sum equal to so much of the value of the agricultural land as is attributable to anything done on such land by he Government for the purpose of enabling the land to be property farmed, or of securing ire creased efficiency in the farming of the land :
Provided that the owner or the person interested by whom any sum is so payable may, by notice in writing served on the competent authority within the said one month, elect to pay the said sum, together with interest thereon from the said date at the rate of 6 per cent per annum, by such number of equal annual instalments not exceeding ten, as may be specified in the notice, the first instalment of which shall be paid within one year from the said date.
(2) Any amount payable to the Government under sub-section (1) shall be recoverable as if it were an arrear of land revenue.
(3) Any question whether any amount is payable under sub-section (1) or as to what amount is so payable shall, in default of agreement, be determined by arbitration, and the provisions of section 8, 11 and 12 shall apply so far as may be, to the determination of such question.
16. Service of notice and orders. - (1) Subject to the provisions of this section, and any rules that may be made under this Act, every notice or order issued or made under this Act shall,-
(a) In the case of any notice or order of a general nature or affecting a class of persons, be published in he [Tamil Nadu Government Gazette]; and
(b) In the case of any notice or order affecting an individual corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (Central Act V of 1908); and
(c) In the case of any notice or order affecting an individual person (not being a corporation or firm) be served on such person -
(i) By delivering or tendering it to that person ; or
(ii) If it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain ; or failing service by these means,
(iii) By post.
(2) Where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the [Tamil Nadu Government Gazette], and where possible, by affixing a copy thereof on any conspicuous part of the property to which it relates.
17. Easement not to be disturbed. - No person interested in any property requisitioned or acquired under this Act shall, without the previous written consent of the competent authority 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 therewith or discontinue or cause to be discontinued any supply or service provided for the property.
18. Delegation of powers. - The Government may, by notification in the [Tamil Nadu Government Gazette], direct that the powers exercisable by them by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to the Government.
19. Protection of action taken in good faith. - (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government or the competent authority 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. Bar of jurisdiction of civil courts. - Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is empowered by or under this 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.
21. Penalty for offences. - Whoever contravenes any provision of this Act, or any rule made thereunder, or any order made or direction given under this Act, or obstructs the lawful exercise of any power conferred by or under this Act, shall be punishable with fine which may extend to one thousand rupees.
22. Certain persons to be public servants. - The competent authority, every arbitrator and every officer empowered by the Government or the competent authority, while exercising any power of performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
23. Power to make rules. - (1) The Government may, by notification in the [Tamil Nadu Government Gazette]. make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) The procedure to be followed by the competent authority in making inquiries under section 3 or section 6;
(b) The procedure to be followed in arbitration proceedings and appeals under this Act :
(c) The principles to be followed a determining the amount of compensation and method of payment of such compensation ;
(d) The principles to be followed in apportioning the cost of proceedings before the arbitrator and on appeal under this Act ;
(e) The manner of service of notice and orders ;
(f) Any other matter which has to be, or may be, 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 amendments or repeal as the Legislative Assembly may make within fourteen days on which the House actually sits either in the same session or in more than one session.
24. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them 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 Legislature.
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