TAMIL NADU ACQUISITION OF LAND FOR INDUSTRIAL PURPOSES ACT, 1997

Act No. 10 of 1999

21st May, 1999

An Act to provide for acquisition of land for industrial purposes in Tamil Nadu WHEREAS it is expedient to make special provisions for speedy acquisition of lands for industrial purposes in the State of Tamil Nadu and for matters connected therewith; BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-eighth Year of the Republic of India as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the Government may, by notification, appoint.

S.2 Definitions

In this Act, unless the context otherwise requires,--

(a) " Collector " means the Collector of a district, and includes any officer specifically appointed by the Government to perform the functions of the Collector under this Act;
(b) " Government" means the State Government;
(c) " industrial area " means any area declared by the Government by notification to be an industrial area;
(d) " industrial estate " means any site selected by the Government, where the Government builds factories and other buildings and makes them available for any industry;
(e) " industrial purpose " includes the starting of a new industry, expansion of an existing industry, the development of an industrial area and establishment and management of an industrial estate;
(f) " land " includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(g) " owner " includes any perso

S.3 Power to acquire land

(1) If, at any time, in the opinion of the Government, any land is required for any industrial purposes, or for any other purpose in furtherance of the objects of this Act, they may acquire such land by publishing in the Tamil Nadu Government Gazette a notice specifying the particular purpose for which such land is required.

(2) Before publishing a notice under sub-section (1), the Government shall, call upon the owner and any other person, who in the opinion of the Government may be interested in such land, to show cause within such time as may be specified in the notice, why the land should not be acquired. The Government shall also cause a public notice to be given in such manner as may be prescribed.

(3) The Government may pass an order under sub-section (1) after hearing and considering the cause, if any, shown by the owner or person interested.

S.4 Land acquired to vest in Government free from all encumbrances

(1) When a notice under sub-section (1) of section 3 is published in the Tamil Nadu Government Gazette, the land to which the said notice relates shall, on and from the date of such publication, vest absolutely in the Government free from all encumbrances:

Provided that if before actual possession of such land is taken by, or on behalf of the Government, it appears for the Government, that the land is no more required for the purpose of this Act, the Government, may, by notice published in the Tamil Nadu Government Gazette, withdraw the land from acquisition. On the publication of such notice the land shall revest with retrospective effect in the person from whom it was divested on the issue of order under sub-section (1) of section 3, subject to such encumbrances, if any, as may be subsisting at that time :

Provided further that the owner and other persons interested shall be entitled to payment of an amount as determined in accordance with the provisions of section

S.5 Use of land acquired

Where any land has been acquired under this Act, the Government may use or cause to be used such land for the purpose of this Act.

S.6 Right to receive amount

Every owner or person interested in any land acquired under this Act, shall be entitled to receive and be paid an amount as hereinafter provided.

S.7 Determination of amount

(1) Where any land is acquired by the Government under this Act, the Government shall pay an amount for such acquisition which shall be determined in accordance with the provisions of this section.

(2) Where the amount has been determined by agreement between the Government and the person to whom the amount has to be paid, it shall be paid in accordance with such agreement.

(3) Where no such agreement can be reached, the Government shall refer the case to the Collector for determination of the amount to be paid for such acquisition as also the person or persons to whom such amount shall be paid :

Provided that no amount exceeding such amount as the Government may, by general order, specify, to be paid for such acquisition shall be determined by the Collector without the previous approval of the Government (sic) officer as the Government may appoint in this behalf.

(4) Notwithstanding anything contained in sub-section (3), after the case is referred to th

S.8 Reference to Court

(1) Any person aggrieved by the decision of the Collector or the officer to whom the case was transferred, determining the amount may, within sixty days from the date of such decision, in so far as it affects him by application to the Collector or the officer to whom the case was transferred, require that the matter be referred by him for the determination of the Court as defined in the Land Acquisition Act, 1894(Central Act I of 1894) and when any such application is made, the provisions of Part III of the said Act shall mutatis mutandis apply to further proceedings in respect thereof.

(2) The decisions of the Court on such reference and subject only to such decision, the decision of the Collector determining the amount, shall be final.

S.9 Apportionment of amount

(1) Where several persons claim to be interested in the amount determined, the Collector shall determine the persons who, in his opinion, are entitled to receive' the amount and the amount payable to each of them.

(2) When the amount has been determined under section 7, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute for the decision of the Court.

S.10 Payment of amount

(1) Where the amount is determined by agreement, the Government shall pay such amount to the person or persons entitled thereto.

(2) Where the amount is determined by the Collector or by any other officer under the provisions of section 7, the Government shall tender payment of the amount determined to the persons entitled thereto according to such determination and shall pay to them unless prevented by someone or more of the contingencies mentioned in sub-section (3).

(3) If the persons entitled to amount according to the decision of the Collector do not consent to receive it, or if there be no person competent to alienate the land or if there be any disputes as to the title to receive the amount, the Government shall deposit the amount so determined in the Court:

Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided further that nothing herein contained shall affect the l

S.11 Investment of amount deposited in the Court

Where any amount has been deposited in Court under sub-section (3) of section 10, the Court may either of its own motion or on the application made by on behalf of any party interested or claiming to be interested in such amount, order the same to be invested in such Government or other securities approved by the Government as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such amount has been deposited or as near thereto as may be.

S.12 Payments interest

When the amount is not paid or deposited on or before taking possession of the land, the Government shall pay the amount determined with interest thereon at the rate of tour per cent per annum from the time of so taking possession until it shall have been so paid or deposited.

S.13 Power of entry

Any officer of the Government, and person, either generally or specially authorised by the Government in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of--

(a) making any inspection, survey, measurement, valuation or enquiry or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and lines by placing marks and cutting trenches;
(e) doing any other thing necessary for the efficient administration of this Act

Provided that,--

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier or if there be no occupier, to the owner of the land or building;
(ii) sufficient opportunity shall in every instance be given to enable women

S.14 Service of notices, etc

(1) All notices, orders and other documents required by this Act or any rule made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule, be deemed to be duly served--

(a) Where the person to be served is a company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956 (Central Act I of 1956);
(b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either--
- (i) sent under a certificate of posting or by registered post, or
- (ii) left at the said place of business;
(c) where the person to be served is a statutory public body or a corporation or a society or other body, if the document is addressed to the Secretary, Treasurer or other head officer of that body, corporation or soci

S.15 Public notices how to be made known

Every public notice given under this Act or any rule made thereunder shall be in writing over the signature of the officer concerned and shall be widely made known in the locality to be affected, thereby affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local news paper, or by any two or more of these means, and by any other means that the officer may think fit.

S.16 Notices, etc., to fix reasonable time

Where any notice, order or other document issued or made under this Act or any rule made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

S.17 Penalty for obstruction

Any person who obstructs the entry of a person authorised under this Act to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

S.18 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 Government are or the Collector 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.

S.19 Collector, etc., to be public servants

The Collector and any person authorised to perform the functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

S.20 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, clone or intended to be done in pursuance of this Act or of any rule or order made thereunder.

(2) No suit or other legal proceeding shall lie against the Government or the Collector or any person authorised under this Act or any authority or officer subordinate to the Government or the Collector 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 of any rule or order made thereunder.

S.21 Land Acquisition Act not to apply

Save as otherwise provided in this Act, the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894) shall cease to apply to any land which is required for the purpose specified in sub-section (1) of section 3 and any such land shall be acquired by the Government only in accordance with the provisions of this Act.

S.22 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage, or contract or decree or order of a court or other authority.

S.23 Application of the Act to certain pending cases of acquisition

(1) The provisions of this Act shall apply also to any case or cases in which proceedings have been started, before the commencement of this Act, for the acquisition of any land for any public purpose or for company under the Land Acquisition Act, 1894 (Central Act I of 1894) (hereinafter in this section referred to as the said Act) intended for industrial purpose but no award has been made by the Collector under section 11 of the said Act before such commencement as if.

(i) the notification published under sub-section (1) of section 4 of the said Act, or
(ii) the declaration made under section 6 of the said Act, or
(iii) the notice given under sub-section (1) of section 9 of the said Act, were a notice to show-cause against the acquisition of the land served under sub-section (2) of section 3 of this Act.

(2) Nothing contained in sub-section (1) shall apply in relation to any land unless and until after the Government has published a no

S.24 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this 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 the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act,

S.25 Power to make rule

(1) The Government may make rules for carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate--

(a) all matter expressly required or allowed by this Act to be prescribed; and
(b) the manner of authentication of orders and other instruments of the Collector,

S.26 Rules, notifications and orders to be placed before the Legislative Assembly

(1) (a) All rules made under this Act shall be published in the Tamil Nadu Government 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.

(b) All notifications issued under this Act, shall unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

(2) Every rule or order made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or order or notification or the Legislative Assembly decides that the rule or order or notification should not be made or issued, the rule or order or notification shall thereafter have effect only in such modified form or be of no effect, as the case may