TAMIL NADU PROTECTION OF TANKS AND EVICTION OF ENCROACHMENT ACT, 2007
(1) If the officer specified in sub-section (2) of Section 6 is of opinion that any person has encroached upon any land within the boundaries of the tank and that the encroacher should be evicted, the officer shall issue a notice in the manner as may be prescribed, calling upon the person concerned to remove the encroachment before a date specified in the notice.
(2) Where, within the period specified in the notice under sub-section (1), the encroacher has not removed the encroachment and has not vacated the land within the boundaries of the tank, the officer referred to in sub-section (2) of Section 6 shall remove the encroachment and take possession of the land within the boundaries of the tank encroached upon, by taking such police assistance as may be necessary. Any police officer whose help is required for this purpose shall render necessary help to that officer.
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If any difficulty arises in giving effect to the provisions of the Act, the Government may by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulties:
Provided that no order shall be made after the expiry of a period of two years from the date of commencement of this Act.
The Government may, in the public interest, alienate any part of the tank poramboke land which is under the control of Public Works Department without interfering with storage capacity and water quality.
(1) This Act may be called the 1[Tamil Nadu] Public Buildings (Licensing) Act, 1965.
(2) It extends to the whole of the 2[State of Tamil Nadu].
(3) It shall come into force on such date as the Government may, by notification, appoint.
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1 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 Substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
In this Act, unless the context otherwise requires,--
1[(1) building means any structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever, the floor area of which is not less than one hundred square metres;]
(2) "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 or in relation to such class of public buildings as may be specified in the notification;
(3) "engineer" means any person possessing such engineering qualifications as may be prescribed;
(4) "existing public building" means any building used as a public building on the date of the commencement of this Act;
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(1) Save as otherwise provided in this Act, on and after the date of the commencement of this Act, no building, not being an existing public building, shall be used as a public building without a licence and except in accordance with the terms and conditions specified therein.
(2) Save as otherwise provided in this Act, on and after the date of the expiry of a period of one year from the date of the commencement of this Act, no existing public building shall be used as a public building without a licence and except in accordance with the terms and conditions specified therein.
(1) Any owner, who intends to use any building (not being an existing public building) as a public building, shall make an application in writing to the competent authority for a licence therefor.
(2) Any owner, who intends to continue to use an existing public building as a public building, shall before the date of the expiry of a period of six months from the date of the commencement of this Act, make an application in writing to the competent authority for a licence therefor.
(3) Every application under sub-section (1) or sub-section (2) shall be in the prescribed form and shall contain the following particulars, namely:--
(i) the name and address of the owner of the building or the existing public building, as the case may be;
(ii) the situation
(1) Where an application under sub-section (1) or sub-section (2) of section 4 is not accompanied by a certificate of structural soundness mentioned in sub-section (4) of section 4, the competent authority may obtain the opinion of such engineer, as the Government may specify in this behalf, in regard to the structural soundness of the building mentioned in the application, and such engineer shall give his opinion in the prescribed form as expeditiously as possible.
(2) Before passing orders on an application under sub-section (1) or sub-section (2) of section 4, the competent authority may inspect the building mentioned in the application for the purpose of satisfying itself that the building is structurally sound and that necessary precautions have been taken for the safety of the public having access to such building.
(1) On the basis of the certificate of structural soundness accompanying the application under sub-section (1) or sub-section (2) of section 4, or on the basis of the opinion obtained from the engineer under sub-section (1) of section 5 or on the basis of the inspection made under sub-section (2) of section 5, if the competent authority is satisfied --
(a) that the building or the existing public building, as the case may be, may safely be used for the purpose specified in the application;
(b) that the building or the existing public building, as the case may be, is structurally sound, it shall, by written order, grant the licence and if the competent authority is not so satisfied, it shall, by written order, refuse to grant the licence.
(2) (a) In the case of a building, not being an existing
(1) A licence shall be renewed, from time to time, and an application for the renewal of a licence shall be made not less than three months before the date of the expiry of the period of such licence.
(2) The provisions of this Act shall, as far as may be, apply for the renewal of a licence as they apply for the grant of a licence on an application under sub-section (1) of section 4.
(1) If any addition or alteration is made to any public building before the date of the expiry of the period of the licence in respect of that public building, or if such addition or alteration is made in respect of any portion of a building connected with that public building, such public building shall not continue to be used as a public building until a fresh application has been made and a fresh licence has been granted under this Act:
Provided that works of necessary repair which do not affect the position or dimensions of the building aforesaid or any room therein shall not be deemed an alteration or addition for the purposes of this sub-section:
Provided further that the competent authority may, in its discretion, allow the continuance of the use of the public building as a public building for such period not exceeding three month
(1) Any person aggrieved by an order of the competent authority refusing to grant or to renew a licence or cancelling or suspending a licence, or in the case referred to in clause (ii) of sub-section (1) or of sub-section (2) of section 7, the applicant concerned, may, within such time as may be prescribed, appeal to such authority as the Government may specify in this behalf:
Provided that such authority may, in its discretion, allow further time not exceeding one month for the filing of any such appeal, if it is satisfied that the appellant had sufficient cause for not filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.
(3) The
*(1) The Board of Revenue* may, either on its own motion or on application made by the owner of any building which is to be used, or which is already used, as a public building call for and examine the records of any proceeding under this Act to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the Board of Revenue* that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly :
Provided that the Board of Revenue* shall not pass any order under this sub-section prejudicial to any party unless he has had a reasonable opportunity of making his representations.
(2) The Board of Revenue* may stay the operation of any such decision or order pending th
For the purpose of ascertaining the structural soundness of any building in respect of which a licence is required under this Act, or for carrying out any other purpose under this Act, the competent authority, any engineer mentioned in sub-section (1) of section 5, the appellate authority mentioned in section 11 and the revisional authority mentioned in section 13, may, at all reasonable times, enter such building with such assistance, if any, as it or he thinks fit.
(1) If the appellate authority mentioned in section 11, in any case pending before it or if the competent authority, in any other case, is satisfied upon inspection of a public building or otherwise --
(i) that the said building is in a ruinous state; or
(ii) that there is reason to apprehend imminent danger to life or property; or
(iii) that there is no licence, such authority shall, without prejudice to any other action taken under this Act, by written order, prohibit forthwith the use of the public building as a public building.
(2) If the owner contravenes the order under sub-section (1), it shall be lawful for the authority mentioned in that sub-section to take such steps and use such force as may be necessary to prohibit the further use of suc
(1) If any person contravenes or attempts to contravene or abets the contravention of the provisions of section 3, or of section 9, or an order passed under section 15, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(2) If any person wilfully obstructs any officer or authority from entering any building or public building in the exercise of any power conferred on him or it by or under this Act, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees or with both.
(1) If the person committing an offence under this Act is a company, every person who, at the time of the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivan
No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by an officer duly authorised by the Government in this behalf.
No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
If the Government are of opinion that it would not be in the public interest to apply all or any of the provisions of this Act, to any class of public buildings, they may, by notification, exempt such class of public buildings from all or any of the provisions of this Act or any rules made thereunder subject to such conditions and restrictions as the Government may impose.
Every authority and every officer duly authorised to discharge any duties imposed on it or him by or 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).
No Civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by any authority or officer mentioned in this Act.
(1) Any order passed or decision taken by any authority or officer in respect of matters to be determined for the purposes of this Act, shall, subject only to review, appeal or revision, if any, provided under this Act, be final.
(2) No such order or decision shall be liable to be questioned in any Court of law.
(1) No suit, or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2) (a) No suit, prosecution, or other proceeding shall lie against any authority or officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.
(b) No authority or officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties, or the discharge of the functions imposed by or under this Act.
(3) No suit, prosecution, or other proceeding shall be instituted against any authority or officer or servant of the
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for --
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the procedure to be followed by any authority or officer having jurisdiction under this Act, when exercising the powers under this Act; and
(c) the fees to be paid in respect of applications and appeals under this Act.
(3) (a) All rules made under this Act shall be published in the Fort St. George Gazette* and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.
(1) 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 to be necessary for the purpose of removing the difficulty.
(2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of 1[the Legislative Assembly] and if, before the expiry of the session in which it is so placed or the next session, 2[the Legislative Assembly agrees] in making any modification in any such order or 2[the Legislative Assembly agrees] that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice or the validity of anything previously done under that order.
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(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Act, law, custom, usage or contract.
(2) Save as otherwise provided in sub-section (1), the provisions of this Act shall be in addition to, and not in derogation of, any other Act.
(1) Where any authority or officer appointed or having jurisdiction under any other Act or law, is empowered to inspect any building in the discharge of its or his functions under that Act or law, and where at any time such authority or officer is satisfied, after inspecting any public building as defined in this Act, that it is not structurally sound, it or he shall make a report in the prescribed form to the competent authority having jurisdiction over the area in which the public building is situated.
(2) Upon receipt of a report under sub-section (1), the competent authority shall take such action under this Act as it deems fit.
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