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Tamil Nadu Gazette · Government of Tamil Nadu

ACT No. 38 OF 2019 - the Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019.

Published 05 December 2019

Type
Extraordinary
Gazette no.
451
Part
Part IV
Extraordinary Type
Tamil Nadu Acts and Ordinances
Section
Section 2
Identifier
in.gazette.tamilnadu.2019-12-05.Extraordinary_451_Part-IV_Section-2
Languages
English, Tamil
Published at
Original source ↗

©

GOVERNMENT OF TAMIL NADU

2019

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 1.60 Paise.

TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY

No. 451] CHENNAI, THURSDAY, DECEMBER 5, 2019 Karthigai 19, Vikari, Thiruvalluvar Aandu–2050

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received

the assent of the President on the 2nd December 2019 and is

hereby published for general information:—

ACT No. 38 OF 2019.

An Act to revive the operation of the Tamil Nadu Acquisition

of Land for Harijan Welfare Schemes Act, 1978, the Tamil Nadu

Acquisition of Land for Industrial Purposes Act, 1997 and the Tamil

Nadu Highways Act, 2001.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventieth Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Land Acquisition

commencement.

Laws (Revival of Operation, Amendment and Validation) Act, 2019.

(2) It shall be deemed to have come into force on the 26th day of

September 2013.

PART – I.

Tamil Nadu Act

Revival of 31 of 1978.

operation of

Tamil Nadu Act

31 of 1978.

2. (1) All the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as the 1978 Act), except the provisions relating to the determination of compensation, shall stand revived with effect on and from the 26th day of September 2013.

(2) All rules, notifi cations, notices, orders,directions issued or any other proceedings initiated under the 1978 Act, except those relating to determination of compensation, which were in force immediately before the 26th day of September 2013 shall, for all purposes, be deemed to have been revived on and from the 26th day of September 2013.

[ 241 ]

242 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Central Act

30 of 2013.

(3) The provisions relating to the determination of compensation as specifi ed in the First Schedule, rehabilitation and resettlement as specifi ed in the Second Schedule and infrastructure amenities as specifi ed in the Third Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 1978 Act.

Central Act

Central Act 30 of 2013

30 of 2013.

not to apply.

3. Save as otherwise provided in this Act, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall cease to apply to any land which is required for the purpose specifi ed in sub-section (1) of section 4 of the 1978 Act and any such land shall be acquired by the Government only in accordance with the provisions of the 1978 Act.

Omission of

4. Section 20 of the 1978 Act shall be omitted.

section 20 of

1978 Act.

Validation. 5. Notwithstanding anything contained in any judgment, decree or order of any court, the provisions of the 1978 Act, except the provisions relating to determination of compensation, shall be deemed to have been in force in all material times during the period commencing on the 26th day of September 2013 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, and anything done or any action taken under the 1978 Act, except those relating to determination of compensation shall be deemed to have been validly done or taken under the 1978 Act.

PART – II.

Revival of

Tamil Nadu Act operation of

10 of 1999.

Tamil Nadu Act

10 of 1999.

6. (1) All the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter referred to as the 1999 Act), except the provisions relating to the determination of compensation, shall stand revived with effect on and from the 26th day of September 2013.

` (2) All rules, notifi cations, notices, orders, directions issued or any other proceedings initiated under the 1999 Act, except those relating to determination of compensation, which were in force immediately before the 26th day of September 2013 shall, for all purposes, be deemed to have been revived on and from the 26th day of September 2013.

Central Act

30 of 2013.

(3) The provisions relating to the determination of compensation as specifi ed in the First Schedule, rehabilitation and resettlement as specifi ed in the Second Schedule and infrastructure amenities as specifi ed in the Third Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 1999 Act.

Central Act

Central Act 30 of 2013

30 of 2013.

not to apply.

7. Save as otherwise provided in this Act, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall cease to apply to any land which is required for the purpose specifi ed in sub-section (1) of section 3 of the 1999 Act and any such land shall be acquired by the Government only in accordance with the provisions of the 1999 Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 243

8. Section 21 of the 1999 Act shall be omitted. Omission of

section 21 of

1999 Act.

Validation.

9. Notwithstanding anything contained in any judgment, decree or order of any court, the provisions of the 1999 Act, except the provisions relating to determination of compensation, shall be deemed to have been in force in all material times during the period commencing on the 26th day of September 2013 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, and anything done or any action taken under the 1999 Act, except those relating to determination of compensation shall be deemed to have been validly done or taken under the 1999 Act.

PART – III.

Tamil Nadu Act

Revival of 34 of 2002.

operation of

Tamil Nadu Act

34 of 2002.

10. (1) All the provisions of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as the 2002 Act), except the provisions relating to the determination of compensation, shall stand revived with eff ect on and from the 26th day of September 2013.

(2) All rules, notifi cations, notices, orders, directions issued or any other proceedings initiated under the 2002 Act, except those relating to determination of compensation, which were in force immediately before the 26th day of September 2013 shall, for all purposes, be deemed to have been revived on and from the 26th day of September 2013.

Central Act

30 of 2013.

(3) The provisions relating to the determination of compensation as specifi ed in the First Schedule, rehabilitation and resettlement as specifi ed in the Second Schedule and infrastructure amenities as specifi ed in the Third Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 2002 Act.

Central Act

Central Act 30 of 2013.

30 of 2013

not to apply.

11. Save as otherwise provided in this Act, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall cease to apply to any land which is required for the purpose specifi ed in sub-section (1) of section 15 of the 2002 Act and any such land shall be acquired by the Government only in accordance with the provisions of the 2002 Act.

12. Section 68 of the 2002 Act shall be omitted. Omission of

section 68 of

2002 Act.

Validation.

13. Notwithstanding anything contained in any judgment, decree or order of any court, the provisions of the 2002 Act, except the provisions relating to determination of compensation, shall be deemed to have been in force in all material times during the period commencing on the 26th day of September 2013 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, and anything done or any action taken under the 2002 Act, except those relating to determination of compensation shall be deemed to have been validly done or taken under the 2002 Act.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (FAC) Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Cite this issue. Tamil Nadu Gazette, Government of Tamil Nadu, 05 December 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.tamilnadu.2019-12-05.Extraordinary_451_Part-IV_Section-2/. Archive identifier in.gazette.tamilnadu.2019-12-05.Extraordinary_451_Part-IV_Section-2.