IV-2—Ex. (76)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Rs. 2.40 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 76]

CHENNAI, TUESDAY FEBRUARY 18, 2025

Maasi 6, Kurothi, Thiruvalluvar Aandu-2056

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[27]

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the President on the 4th February 2025 and is hereby

published for general information:—

ACT No. 8 OF 2025.

An Act to provide, in the interest of the general public, for the transfer

and vesting of the Chikkaiah Naicker College, Erode, in Government and for

matters connected therewith or incidental thereto.

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

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

(1) This Act may be called the Chikkaiah Naicker College, Erode

(Transfer and Vesting) Act, 2022.

Short title and

commencement.

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

notification, appoint.

In this Act, unless the context otherwise requires,—

Definitions.

(a) “appointed day” means the date on which this Act comes into force;

(b) “college” means Chikkaiah Naicker College, Erode affiliated to

Bharathiar University with land and buildings as specified in the Schedule;

section 6;

(d) “Government” means the State Government;

(e) “person interested” includes all persons claiming or entitled to claim

an interest in compensation to be made on account of the vesting of the college in

the Government under this Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Transfer and

vesting of

college.

3. On and from the appointed day, the college and the right, title and interest

of the persons interested, shall stand transferred to, and vest absolutely in, the

Government.

Effect of vesting.

4. (1) All properties of the college which have vested in the Government

under section 3 shall, by virtue of such vesting, be freed and discharged from any

trust, obligation, mortgage, charge, lien or any other encumbrance affecting them,

and any attachment, injunction or decree or order of any court restricting the use

of such properties in any manner or appointing any receiver in respect of the whole

or any part of such properties shall be deemed to have been withdrawn.

(2) Where any recognition, affiliation, licence or other instrument in

relation to the college had been granted at any time before the appointed day, in

the name of a person interested, or in the name of the college, the Government

or any other authority, on and from such date, be deemed to be substituted in

such recognition, affiliation, licence or other instrument in the place of the person

interested, if any, referred to therein as if such recognition, affiliation, licence or

other instrument had been granted to it and shall hold such recognition, affiliation,

licence or such other instrument for the remainder of the period for which the

person interested if any would have held such licence or such other instrument.

(3) Every mortgagee of any property which has vested under this Act

with the Government and every person holding any charge, lien or other interest in

or in relation to any such property shall give in writing within sixty days of time from

the appointed day, an intimation to the Commissioner of such mortgage, charge,

lien or other interest.

(4) For the removal of doubts, it is hereby declared that the mortgage of

any property referred to in sub-section (3) or any other person holding any charge,

lien or other interest in, or in relation to, any such property shall be entitled to claim

in accordance with his rights and interests, payment of the mortgage money or

other dues, in whole or in part, out of the compensation amount to be paid under

this Act.

Transfer of

certain

employees.

5. (1) Every person, who immediately before the appointed day, is serving

in the college shall, on and from the said date, become an employee of the

Government.

(2) Every person referred to in sub-section (1) shall hold office under

the Government, subject to the conditions as applicable to him on the date of his

appointment, for the same tenure, at the same remuneration and upon the same

rights and privileges as to pension or gratuity, if any, and other matters as he would

have held the same on the appointed day as if this Act had not come into force.

(3) The seniority and promotion of the employees referred to in

sub-section (1) and the manner of filling up of arising vacancies of the college,

shall be such as the Government may, by order, specify in this behalf.

Appointment of

Commissioner

and Payment of

compensation.

6. (1) Every person interested in the college, whose land and properties

stand vested in the Government under this Act, shall be entitled to receive and

be paid compensation as hereinafter provided. Every such person shall make an

application to the Commissioner appointed under sub-section (2).

(2) For the purpose of determination of compensation payable to the

persons interested, the Government shall, by notification, appoint a Commissioner.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The Commissioner appointed under sub-section (2 shall

follow the provisions of sections 26, 27, 28 and 29 of the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 for the purpose of determination of market value of the land

and properties attached to the college and thereupon decide the compensation

payable to the persons interested.

Central Act 30 of

2013.

(4) The Commissioner shall value the movable properties such as

furniture, equipments, stores, apparatuses, appliances etc., and thereupon decide

the compensation payable to the persons interested.

(5) After arriving at the compensation amount for the immovable and

movable properties payable to the persons interested, the Commissioner shall

recommend the same to the Government for making payment.

7. (1) Where several persons claim to be interested in the compensation,

the Commissioner shall determine the persons who, in his opinion, are entitled to

receive the compensation amount and the compensation amount payable to each

of them.

Apportionment

of amount.

(2) When the compensation amount has been determined under

section 6, 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

Commissioner may refer such dispute for the decision of the court.

8. (1) Where the compensation amount is determined by agreement and

recommended by the Commissioner to the Government, the Government shall

pay such amount to the person or persons entitled thereto.

Payment of

amount.

(2) Where the compensation amount is determined by the Commissioner

under section 6, 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 one or more of the contingencies mentioned in sub-

section (3).

(3) If the persons entitled to the compensation amount, as determined

by the Commissioner do not consent to receive it, or if there be no person

competent to alienate the land and properties or if there be any dispute as to

the title to receive the compensation amount, the Government shall deposit the

compensation 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 compensation amount:

Provided further that nothing herein contained shall affect the liability of any

person, who may receive the whole or any part of any amount determined under

this Act, to pay the same to the person lawfully entitled thereto.

9. Where any amount has been deposited in court under sub-section (3) of

section 8, the court may either of its own motion or an application made by or 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 and properties in respect whereof such amount has

been deposited or as near thereto as may be.

Investment

of amount

deposited in

court.

10. Every person having a claim against the person interested shall prefer

such claim before the Commissioner within thirty days from the appointed day:

Claims to be

made to

Commissioner.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that if the Commissioner is satisfied that the claimant was prevented

by sufficient cause from preferring the claim within the said period of thirty days

he may entertain the claim within a further period of thirty days but not thereafter.

Admission or

rejection of

claims.

11. (1) On receipt of the claims, the Commissioner shall examine the same,

and after examination, if he is satisfied with the genuineness of the claim, he

shall fix a certain date on or before which every claimant shall file the proof of his

claim or be excluded from the benefit of recommendation to the Government for

disbursement.

(2) Not less than fourteen days’ notice of the date so fixed

shall be given by advertisement in one issue of the daily newspaper

in the English language and one issue of the daily newspaper in the

Tamil language as the Commissioner may consider suitable, and every such notice

shall call upon the claimant to file the proof of his claim with the Commissioner

within the date so fixed.

Disbursement

of money by

Commissioner

to claimants.

12. After admitting a claim under section 11, the Commissioner shall

recommend to the Government the amount of claim for payment. The amount due

in respect of such claim shall be paid to the person or persons to whom such sums

are due and on payment the liability of the person interested in respect of such

claim shall stand discharged.

Act to override

all other laws.

13. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force or in

any decree or order of any court, tribunal or other authority.

Explanation.— For the purpose of this section “law” includes any award,

agreement, settlement, instrument or contract of service.

Contracts to

cease to have

effect unless

ratified by

Government.

14. (1) Every contract entered into by the person interested, for any service,

sale or supply and in force immediately before the appointed day shall, on and

from the expiry of a period of one hundred and eighty days from the appointed

day, cease to have effect unless such contract is, before the expiry of that period,

ratified in writing by the Government and in ratifying such contract the Government

may make such alterations or modifications therein as it deems fit:

Provided that the Government shall not omit to ratify a contract, and shall not

make any alteration or modification in a contract, unless it is satisfied that such

contract is unduly onerous or has been entered into in bad faith or is detrimental

to the interest of the college.

(2) The Government shall not omit to ratify a contract, and, shall not

make any alteration or modification therein, except after giving to the parties to

the contract, a reasonable opportunity of being heard and except after recording

in writing, its reasons for refusal to ratify the contract or for making any alteration

or modification therein.

Penalties.

15. Any person who,—

(a) having in his possession, custody or control any property forming

part of the college, wrongfully withholds such property from the Government or

any person authorised by the Government, in this behalf; or

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) wrongfully obtains possession of, or retains, any property forming

part of the college or wilfully withholds or fails to furnish to the Government or any

person specified by the Government, any document relating to such college which

may be in his possession, custody or control or fails to deliver to the Government

or any person specified by the Government, any asset, book of accounts, register

or other documents in his custody relating to the college; or

college or prefers any claim under this Act which he knows or has reasonable

cause to believe to be false or grossly inaccurate, shall be punishable with

imprisonment for a term which may extend to two years, or with fine which may

extend to ten thousand rupees, or with both.

16. No suit, prosecution or other legal proceedings shall lie against the

Government or any officer of the Government for anything which is, in good faith,

done or intended to be done under this Act.

Protection

of action

taken in

good faith.

17. (1) The Government may, by notification, delegate all or any of the

powers exercisable by it under this Act, other than the power under section 18,

to any person or persons.

Delegation

of powers.

(2)

Whenever

any

delegation

power

made

under

sub-section (1), the person to whom such power has been delegated, shall act

under the direction, control and supervision of the Government.

18. If any difficulty arises in giving effect to the provisions of this Act, the

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

make such provisions not inconsistent with the provisions of this Act as appear to

it to be necessary or expedient for removing the difficulty:

Power to remove

difficulties.

Provided that no such order shall be made after the expiry of two years from

the appointed day.

19. (1) All notifications issued under this Act shall, unless they are expressed

to come into force on a particular day, shall come into force on the date on which

they are so published.

Commencement

of notification

and placing on

the table of the

Legislative

Assembly.

(2) Every notification or order issued under this Act shall, as soon as possible,

after it is 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 notification, or order, or the

Legislative Assembly decides that the notification, or order should not be issued,

the 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 notification or order.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE SCHEDULE.

[See section 2(b)]

Details of Land and Buildings

Taluk

Erode

Town

Erode

Survey Numbers

266, 267, 268, 269 and 272

Total Area

52 Acres

Boundaries

East - Road Survey Nos.253, 255, 265

West - Survey Nos.270, 271, 681

South - Survey Nos.273, 274, 483, 484

North - V.No.35 Erode

Structures

11 - Ground Floor Buildings; and

3 - Ground Floor + First Floor Buildings

(By order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU