REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 13] NEW DHLHI, FRIDAY, MARCH 4, 1977 PHALGUNA 13, 1898
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 4th March, 1977/Phalguna 13, 1898 (Saka)
The following President's Act is published for general information. —
THE TAMIL NADU REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY (AMENDMENT) BILL, 1977 No. 6 OF 1977
Enacted by the Vice-President acting as President in the Twenty- eighth Year of the Republic of India. An Act further to amend the Tamil Nadu Requisitioning and Acqui- sition of Immovable Property Act, 1956.
41 of 1979.
In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976, the Vice-Presldent acting as President is pleased to enact as follows: —
1 This Act may be called the Tamil Nadu Requisitioning and Acqui- sition of Immovable Property (Amendment) Act, 1977
Short title
2. In section 1 of the Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 (hereinafter referred to as the principal Act).—
Amend- ment of section 1.
Tamil Nadu Act XLII of XLII
(a) in the marginal heading, for the words "Short title and duration.", the words "Short title" shall be substituted;
(b) in sub-section (1), the brackets and figure "(I)" shall be omitted;
( 7 7)
78 THE GAZETTE OF INDIA EXTRAORDINARY [PAH* H—(c) sub-section (2) shall be omitted.
3. In section 6 of the principal Act,—
Amend, ment °* •action •.
(a) after sub-section (1), the following sub-section shall bo In- serted, namely: —
"(1-A) 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 Acqui- sition of Immovable Property (Amendment) Act, 1977, on or before the expiry of a period of ten years from such com- mencement;
(it) 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 autho- rity under section 4,
unless such property is acquired under section 7 within the period of ten years aforesaid.";
(b) in sub-section (2), after the words "released from requisition", the words, brackets, figures and letter "under sub-section (1) or under sub-section (1-A)" shall be inserted.
4. In section 8 of the principal Act,—
Amend- ment of section I.
(a) in sub-section (2),—
(t) in the opening portion, for the words "The amount of compensation payable for the requisitioning of any property shall consist of—", the words, brackets, figures and letters "The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (-B), consist of—" shall be sut uted;
(ii) In the proviso to clause (a), for the words, brackets and figures "Tamil Nadu buildings (Lease and Rent Control) Act, 1949 (Tamil Nadu Act XXV of 1049)1', the words, brackets and figures 'Tamil Nadu Build'ngs (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960V shall be substituted,
(b) after sub-section (.-), the following sub-sections shall be inserted, namely —
"(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 wjth the pro- visions of s:ub-8ection (2B) ,—
(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
S"C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 79the Tamil Nadu Requisitioning and Acquisition of Immov- able Property (Amendment) Act, 1977—
(i) first with effect firom the date of such com-
mencement, and
(ti) 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 com- mencement for a period shorter than five years and the maximum period within which such property shall, in ac- cordance with the provisions of sub-section (1A) 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 ex- piry 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 out in sub-section (1), read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A)";
(c) for sub-section (3), the following sub-section shall be substituted, namely: —
"(5) The compensation payable for the acquisition of any property under section 7 shall be the price which the requisi- tioned property would have fetched in the opsn market, if it had remained in the same condition as it was at the time of requi- sitioning and been sold on the date of acquisition",
3. In the principal Act, for the words and letters "Fort St. George Gazette", wherever they occur, the words "Tamil Nadu. Government Gazette" shall be substituted
Change of name of Fort St. George Gazette Into Tamil Nadu Govern- ment Gazette.
B. D JATTI,
Vice President acting as President,
K. K. SUNDARAM, Secy, to the Govt. of India
8o THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SKC. 1}Reasons jor the enactment
The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 (Tamil Nadu Act XLII of 1956) is due to expire on the 6th March, 1977. The Government of Tamil Nadu consider it neces- sary to make this Act permanent as has been done in the case of the Requisitioning and Acquisition of Immovable Property Act 1952 (Central Act 30 of 1952).
2. In Union of India v. Kamalabm (AIR 1968 SC 377), the Supreme Court has held that clause (b) of sub-section (3) of section 8 of the Re- quisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 315 of 1952) as it then stood, did not satisfy the requirements of clause (2) of article 31 of the Constitution Clause (b) of sub-section (3) of saction 8 of Central Act 30 of 1952 was therefore omitted. The aforesaid decision of the Supreme Court would equally apply to clause (b) of sub-section (3) of section 8 of Tamil Nadu Act XLII of 1956 which corresponds to the provisions of clause (b) of sub-section (3) of section 8 of the said Central Act, as it originally stood It is, therefore, pro- posed to amend sub-section (3) of section 8 of the said Tamil Nadu Act on the lines of the amendment made in the Central Act
3. It is also proposed to incorporate in the said Tamil Nadu Act neces- sary provisions taking into account the amendments made by Central Act 1 of 1970 to Central Act 30 of 1952, providing for the release of the property which was requisitioned under the Tamil Nadu Act before the commencement of the proposed amendment Act, on or before the expiry of a period of ten years from ;;uch commencement and for the release of the property requisitioned under that Act after such commencement, on or before the expiry of the 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 of that Act unless such property is acquired under section 7 within the period of ten years aforesaid
4. Provisions for the quinquennial revision of the amount payable during the period of requisitioning are also proposed to be incorporated in the Tamil Nadu Act, following the provisions contained In Central Act 30 of 1952 as inserted by section 3(b) of Central Act 2 of 1975.
5 This opportunity has also been availed of to substitute the references to Fort St Gfnrqp Gaiettr ).v references to Tamil Nadu Government G&zettp and to make some other formal changes
fi This measure seeks to achieve the above obiects
7 The President issued a Proclamation on the 31st January, 1976 under article 356 of the Constitution m relation to the "State of Tamil Nadu declaring inter alia that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliam£nt Parliament has under article 357 (1) (a) of the Constitution, conferred on the Presi- dent the power= of the Legislature of the State of Tamil Nadu to make laws vide the Tamil Nadu State Legislature (Delegation of Powers) Act. 1&76 (41 of 1976).
8 It is not practicable to consult the Consultative Committee of Par- liament on Tamil Nadu Legislation since two-thirds of the members of the Committee nominated from the House of the People have demitted office consequent on the dissolution of the House.
N. J. KAMATH,
Secy, to the Govt. of India, Ministry of Works and Housing.