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:—
1.
(1) This Act may be called the Tamil Nadu Land Acquisition
Laws (Revival of Operation, Amendment and Validation) Act, 2019.
Short title and
commencement.
(2) It shall be deemed to have come into force on the 26th day of
September 2013.
PART – I.
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 eff ect on and from the 26th day of September
2013.
Revival of
operation of
Tamil Nadu Act
31 of 1978.
(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.
No. 451]
CHENNAI, THURSDAY, DECEMBER 5, 2019
Karthigai 19, Vikari, Thiruvalluvar Aandu–2050
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2019
[Price: Rs. 1.60 Paise.
Part IV—Section 2
Tamil Nadu Acts and Ordinances
[ 241 ]
242
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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
30 of 2013.
Central Act
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.
Central Act
30 of 2013.
Omission of
section 20 of
1978 Act.
4.
Section 20 of the 1978 Act shall be omitted.
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
operation of
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 eff ect on and from the 26th day of September 2013.
Tamil Nadu Act
10 of 1999.
(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.
`
(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
30 of 2013.
Central Act
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.
Central Act
30 of 2013.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
243
8. Section 21 of the 1999 Act shall be omitted.
Omission of
section 21 of
1999 Act.
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.
Validation.
PART – III.
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.
Revival of
operation of
Tamil Nadu Act
34 of 2002.
(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
30 of 2013.
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.
Central Act
30 of 2013
not to apply.
12. Section 68 of the 2002 Act shall be omitted.
Omission of
section 68 of
2002 Act.
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.
Validation.
(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