Checking Un-authorized Occupation, Government Land
An Act to provide measures for checking un-
authorized occupation of lands which are
Preamble. WHEREASit has been the practice to check the
unauthorized occupation of lands which are “the pro-
perty of Government] by the imposition of penal or
prohibitory assessment or charge, and whereas doubts
haye arisen as to how far such practice is authorized by
1These words were substituted for the word “Madras “by the
Tamil Nadu Adaptation of Laws Order, 1969, aa amended by the
Tamil Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969,
whioh came into foroe on the 14th January 1969.
For Statement of Objects and Reasone, see Port St. George G&s,
Part N,dated the 23rd December 1904,page 696, for Report of the
Select Committee, see ibid, dated the 27th Febmery 1906, pa@ 45;
for Proceedings in Counoil, see ibid. dated the 28th February 1906,
page 75 and dbid, dated the 18th April 1906, page 206.
This Aot was extended to the merged Stste of Pudulckottd by
seotion 3 of, and the Birst Schedule to, the Tamil Nadu Merged
States(Laws) Aot, 1949 (Tamil Nadu Aot XXXV of 1949).
Thia Aot was extended to the Ksnyakumaridietriot ard theshe;
fb0tt8h tduk of the !i’hnelwli distriot by seotion 4 of, and the
Second Sohedule to, the Tami!. Nadu (TransferredTerritory) Erten-
eion of Laws Act, 1960 (Tam11Nadu Aot 23 of 1960) repealing the
corresponding law in that territory.
This kot was extended to the added territories by seotion
12 of tho Tamil Nadu Land Enoroechment (hndment) Aot,
1966 (Tamil Nadu Act 26 of 1986)repealing the oorrespondinglaw
in those territories.
3Thewords “Crown propert?:’ were substituted for theword,
“the property of Government by the Adaptation Ordm of 1937
and the words “the’proparty of aovenunent” were substituted for
“9Crownproperty” by tho Adaptation (Amendment) Orderof 19601904 I T.N.Act If11
law and it is expedient to make statutory provision .
for checking such occupation; It is hereby enacted as ,
- This Act may be cited as “The lrJCami1 Nadu]
Land Encroachment Act, 1905.” It extends to the
whole of the 2[State of Tamil Nadu].
‘[I-A. In this Act, unless the context otherwise re- Definition.
quires, the expression ”transferred territory” mean8
the Kanyakumari district and the Shencottah taluk
of the Tirunelveli district.]
- (1)All public roads, streets, lanes and paths, Right of pro-
the bridges, ditches, dikes and fences, on or beside publicroade,
the same, the bed of the sea and of harbours and creeks cia. waters and
below high water mark, and of rivers, streams, nalas, lan&
lakes and tanks, and 4[all back waters, canals and
water-courses] and all standing and flowing water,
and al! lands, wherever situated, save ill so far as the
same are the property-
(a) of any zamindar, poligar, -mittadar,
shrotrienlclar or inamdar or any persoil claiming
through or holding under any of them, or
(b) of any person paying shist, knttubadi, jodi,
poruppu or quit-rent to any of the aforesaid persons, or
(c) of any person holding under ryotwari tenuru,
s[including that of a janmi in the Gudalur taluk of the
“l’hese words were substituted for the word 6G Madras “by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nedu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
2 This expression was substituted for the expt.ession “Presidency
of Madres” by the Tamil Nadu Adaptation of Laws Order, 1970,
whioh was deemed to have come into force on the 14th January
8 This eeotion waa inserted by section 4 of, and the Second Sche-
dule to, the Tamil Nadu (Transferred Territory) Extension of Ltmr
Act, 1960 (Tamil Nadu Act 23 of 1960.)
These words were substituted for the words “all canals and
water-courses” by ibid.
6 These words were substituted for the words “including that
of ejanmi in Malebar, or of a wargdar in South Kanare” by tho
Madras Adaptation of Laws Order, 1957.Land Encroachment 11905 :T.N. Aot 111
Nilgiris district] liarid in tne transferred territory] or
in any way subject to the payment of land-revenue
direot to Government, or
(d) of any other registered holder of land in
proprietory right, or
(e) of any other person holding land under
grant from ‘[the Government] otherwise than by
way of liaence,
and, asto lands, save also in so fa.r as they are
temple site or owned as house-site or baokyard,
axe and axe hereby declared to be ‘[the property
of Government] exoept as may be otherwise provided
by mylaw for the time being in force, subject Jways
to all rights of way and other publio rights and to the
natural and easement rights of other land-owners, and
to all customary rights legally subsisting.
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