IV-2 Ex. (312)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2023

[Price: Rs. 2.40 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 312]

CHENNAI, THURSDAY, AUGUST 17, 2023

Aadi 32, Sobakiruthu, Thiruvalluvar Aandu–2054

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[107]

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 14th August 2023 and is hereby published for general

information:—

ACT No. 23 OF 2023.

An Act to consolidate lands for implementation of projects of significance

in the State and for the matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Seventy-fourth Year of the Republic of India as follows:—

(1) This Act may be called the Tamil Nadu Land Consolidation (for

Special Projects) Act, 2023.

Short title and

commence-

ment.

(2) It shall come into force on such date as the State Government may,

by notification, appoint.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) "Collector" means the Collector of a district and includes any officer

specially appointed by the Government to perform the functions of the Collector

under this Act;

(b) “competent authority" means any officer, committee or authority

specified by the Government, by notification, to exercise the powers and perform

the functions of a competent authority under this Act;

sub-section (2) of section 4;

(d) “Government" means the State Government;

Central Act

69 of 1980.

(e) "Government land" for the purpose of this Act, means lands owned

by or vested in the Government, but does not include any land under the purview

of the Forest (Conservation) Act, 1980.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f) "interested person" means any person ordinarily residing in a project

land or within a radius of ten Kilometers therefrom and includes any person beyond

such distance if he has an easement in or owns, any portion of the Project land;

(g) “land acquisition law" means the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

including any Act in the Fourth Schedule of that Act, 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;

Central Act 30 of

2013.

Tamil Nadu Act

31 of 1978.

Tamil Nadu Act

10 of 1999.

Tamil Nadu Act

34 of 2002.

(h) "project land" means the overall lands required for a project,

including,—

(i) the land owned by the Project proponent;

(ii) lands owned by any person other than the Government or a

quasi-Government agency, provided the Government have granted administrative

sanction for acquisition of such lands under a land acquisition law;

(iii) Government lands or quasi-Government lands interspersed

therein or abutting the lands referred to in sub-clauses (i) and (ii);

(i) "Project proponent" means any person proposing to implement a

project of infrastructural, industrial, commercial or agricultural in nature, which

requires an extent of not less than one hundred hectares;

(j) “quasi-Government agency" means and includes a local authority,

university, Government company, or a board or authority constituted under a

statute of the State legislature and is under the control of the Government;

(k)

"quasi-Government

land"

means

the

land

owned

quasi-Government agency;

(l) "Special project” means any project which requires not less than one

hundred hectares of land and notified as such by the Government.

Application for

consolidation

of project land.

3. (1) A Project proponent may submit an application in the prescribed form,

a proposal for consolidation of the project land, to the Government.

(2) The proposal for consolidation of project land, shall contain,—

(a) a hydrological plan, in the prescribed form, along with a

certificate that,—

(i) the overall storage of water in the project land will not be

reduced; and

(ii) the carrying capacity of the channels, canals or any other

arrangement for the flow of water will not be diminished in any manner both

upstream and downstream of the project land;

(b) land ownership plan, in the prescribed form, containing the

details of ownership of the project land.

usage of the project land.

Notification of

Special Project.

4. (1) On receipt of an application under section 3, on consideration of the

factors and conditions prescribed, if the Government are satisfied that the project

will be of significance for the State, may notify the project as a Special project for

the purposes of this Act and shall forward the application to the Collector of the

district in which the project is to be implemented.

(2) As soon as may be, on notification of the Special project, the

Government shall constitute an Expert committee consisting of five members,

namely:—

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) Superintending Engineer, Water Resources Department, having

jurisdiction over the project land-Chairperson;

(ii) Joint Director, Animal Husbandry and Veterinary Services,

having jurisdiction over the project land-Member;

(iii) an eminent person in the field of ecological conservation or

water management, nominated by the Government- Member;

(iv) an eminent academic in the field of civil engineering, hydrology,

ecology, environment, or allied subjects, nominated by the Government- Member;

and

(v) District Revenue Officer, who shall act as the convenor of the

committee.

(1) The Expert committee shall cause, publication of the land

consolidation proposal of the Project proponent and conduct of public hearing by

the convenor, after giving adequate publicity about the date, time and venue for

the public hearing, in the manner as may be prescribed, to ascertain the views of

the interested persons.

Publication

of land

consolidation

proposal.

(2) The convenor of the Expert committee shall also consult the

quasi-government agency, if any, on whom the project land vests and also seek

their concurrence to dispense with their land for the project.

(1) The Expert committee shall prepare a draft land consolidation

scheme based on the proposal of project proponent, also incorporating the views

of the interested persons, the concurrence or otherwise of the quasi-government

agencies, if applicable and the views of the Committee and submit the same to the

Collector for approval.

Draft Land

Consolidation

Scheme.

(2) On approval, the Collector shall cause the same to be published in

the District Gazette and in two leading daily newspapers of which one shall be

in Tamil. Any interested person may within a period of thirty days from the date

of publication of the draft Land Consolidation Scheme, submit their objections or

suggestions in writing to the Collector:

Provided that the draft Land Consolidation Scheme shall not be published

unless the lands of persons, if any, other than that of the project proponent are

vested on the Government.

(1) The Collector, shall, on expiry of thirty days from the date of publication

of the draft Land Consolidation Scheme, send the draft land Consolidation Scheme

and objections and suggestions, if any received, together with his recommendation

thereon to the competent authority.

Final Land

Consolidation

Scheme.

(2) The competent authority shall, within two months from the date of

receipt of the draft land Consolidation Scheme, either approve or approve with

such conditions, as it may deem fit, to be complied with by the Project proponent

within a specified period.

(3) On approval of the draft Land Consolidation Scheme by the

competent authority under sub-section (2), it becomes final and the final Land

Consolidation Scheme shall be published in the Tamil Nadu Government Gazette

and in two leading daily newspapers of the area, of which one shall be in Tamil:

Provided that the competent authority may cancel or modify the final Land

Consolidation Scheme wholly or partly, if any of the conditions has not been

complied with by the Project proponent:

Provided further that no such cancellation or modification shall be done

unless an opportunity of being heard is given to the Project proponent.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Appeal.

(1) Any person aggrieved by an order of the competent authority

made under sub-section (2) of section 7 may, within thirty days from the date of

publication of the final land Consolidation Scheme, appeal to the Government in

such manner, as may be prescribed.

(2) On receipt of an appeal under sub-section (1), the Government shall,

within a period of two months, dispose of the appeal after giving the appellant an

opportunity of being heard.

Power of

Government to

call for record.

9. The Government may, either suo-motu or on application made by any

person, at any time, for the purpose of satisfying themselves as to the legality or

propriety of any order passed, scheme prepared or approved by the Collector,

Expert committee or competent authority, call for and examine the record of any

case pending before or disposed of by the competent authority and may pass such

order in reference thereto, as they think fit:

Provided that no order or scheme shall be varied or reversed without giving

the affected persons an opportunity of being heard.

Protection of

water bodies.

10. (1) In cases where a river, stream or other waterway changes its course

due to natural events and passes through a land owned by any person, the owner

of the land, may make an application in the form and manner prescribed to the

Collector, seeking grant of land at the disposal of the Government in exchange of

the land owned by him.

(2) The Collector shall, on verification of the revenue records and after

causing a topographical survey, if there exists a prima facie case for proceeding in

the matter, send a report along with the application, to the Government.

(3) On receipt of the report from the Collector, the Government

shall constitute an Expert committee consisting of members as specified in

sub-section (2) of section 4, to examine the request of the applicant and make a

recommendation to the Government within a period of sixty days therefrom.

(4) The Government shall thereafter pass appropriate final orders based

on the recommendation of the Expert committee.

Officers and

employees

to be public

servants.

11. Every officer and employee acting under this Act shall be deemed to be

a public servant within the meaning of section 21 of the Indian Penal Code, 1860.

Central Act XLV

of 1860.

Protection of

action taken in

good faith.

12. No suit, prosecution or other legal proceeding shall lie against any

authority, officer or other employee for anything done or intended to be done in

good faith under this Act.

Power to remove

difficulties.

13. If any difficulty arises in giving effect to any provision of this Act, the

Government may, by an order published in the Tamil Nadu Government Gazette,

make such provision not inconsistent with the provisions of this Act, as may 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 commencement of this Act.

Power to make

rules.

14. (1) The Government may make rules for carrying out the purposes of

this Act.

(2) (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 so published.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every rule made or notification or order 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 Assembly makes any modification in any such

rule or notification or order, or the Assembly decides that the rule or notification or

order should not be made or issued, the rule or notification or 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 to the

validity of anything previously done under that rule or notification or order.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU