Keyword(s):
Landlord, Person Interested, Premises, Property, Tenant
An Act to provide for the requisitioning and acquisition
of immovable property for the purposes of the 3[State
of Tamil Nadu].
WHBRBASit is expedient toprovide for the requisitioning
and acquisition of immovable property for the purposes of
the “State of Tamil Nadu].
BEit enacted in the Seventh Year of the Republic of
India as follows:–
- 6() This Act may be called the I[Tamil Nadu] 4[sh,n titI= .I Requisitioning and Acquisition of Immovable Property Act, 1956, — .- ——-.– –I- 5 IThese words tverc3 substituted for tlie word C’Ma’dr~”by the Tamil Nadu Adaptation or ~awsOrder, 19G9, as amended by the Tamil Nadu Adaptation oiE Laws (Second Amendment) Order, 1969. %ForStatement of Objects anii Reasons, see Fort St. George Gazette, Part IV-A, Extraordinary, dated the 14th December 1956, page 264. This Act was extended to: the added territories by section! 3 of, and the First Scl~eduletd, the Tamil Nadu (Added Terri- tories) Extension d :Laws (NO: 2) Act, I%1 (Tamil Nadu Act 39 of 1961) repealing the corresp’onding law in force in those territoriies. a This expression was substituted for tEe expressioa “State. – of Madras ” by the Tdl Nadu Adaptatioa of Laws Ordkr, 1969, as amended by the Tamil Nadu Adaptation of’ Law (Second Amendment) Order, 1×94. 4 nese words were substitptqd:>forthe ~vords”Sliort title . ‘.j jl ., a .- ,Z 3, . ‘ and duratibfiw. by .. t’, 2.1. on 2′(a) oct&&; Tamil Nadu Requisition- &.,,LA &$ti .J $,”s’ $3 2 (b), ibid;, .
ing snd:&cc@isitioo of Idvable,Plroperty (Amendment) Act,
sd,Th,brack9ts .akd ,figure “:(I)? were,omitted by.,sec\io&
1977:(PiesiQeht’s Act 6 of lflpiLPz-.I[( 2)
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~ofini~ions. 2. In this Act, unless the context otherwise requires,–
(a) “award” means any award of an arbitrator made
under section 8;
(b)”competsnt zuthority” means any person or autho-
rity authorised by the Government, by notification, to per-
formthefunctions of the competenta~ithorityunder this Act
for such area as may be specified in the notification;
(c) 66Gernmet” means the State Government;
(d)”landlord” means any person who for the time
being is receiving,or is entitled to receive, the rent of any
property, whether on his own account, or on account or on
behalf or for the beneiit, of any other personor as 8 trustee,
pardian or receiver for any other person, or who would so
the rent or be emiiltd to recchc tho rcilt iithe pro-
perty were let to a tens nt;
(e) the exprbssion ‘-person interestedv’ in relation to
any porperty, include; all persons claiming. or entitled to
claim, an interest in the cornpeasati0:2 paynmle ota account
of the requisitioning cc ikcquisition oI’ th:rt property under
this Act; (0cgpremises” means any 4-y:’~” 12or prCI ofa build-
ing and include3-
(i) the garden, rounds and out-houscs, if any, apper-
taining to such bui.ding or part of a huildiilg;
(ii) any fittings afIixed to such building or part of a
building for the more Sencficial enjoyment thereof;
(g) pro pert!^” means immovable property of every
kind and includes ally rights in or over srlch property;
(h) “tenant” me;\ns any persou by whom or on
whose account rent is payable for any porperty and
includes such sub-tcfl:mts and other pelsons as have
derived title under the renant under aiip law for tho time
being in force.
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who may be in possession
rower to 3. (1) Where the conqbetent authority is of opinion that
requisition any property is needed or likely to bc needed for any public
immovable purpose, being a purpose ofthe State, and that the propesty
propertywshould be requisitioned, the competent authority-
(a) shall call ~pouthe owner or any 0th~~ person
In sub-sectiod (2) of section 1, tbe words “for spbriod of
twenty years” were sustitufcd for the words “for a period of
ten years ” by section 2 of the Tamil Nadu Requisitioning and
Acquisition of Immovable Property (Amendment) A&, 1966
(Tamil Nad. 4.t 24. of 1%6)1 *b-scction (2) itself was
omitted by sectLon 2 (c) of the Tatnil Nadu %uisitioning and
A&, 1377
Acquisition of Jmniovui)li~Property (,4
(President’s Act 6 of l~ ‘a>i9%: T.N. Act XLII] Requlsilionitzg and Acquisftion G71
of ImmovabZc Property. . .
writing (specifying therein the purpose of the requisition) t
show cause, within fif’teen days of.the date of the service
of such notice on him, why the property should not be
requisitioned; and * -r
(b) may, by ofder, direct &at neither the owner of
the property nor any other person shall, without permission
of the competent authority, dispose of,or stmcturally alter,
the propertyor let it out to 7 tenant unti1 the expiry of such
period, not oxceeding two months, as may’be specified
in the order.
(2) If, after considering the cause, if any,
shown by any person interested in the property or in
possession thereof, the competent authority is satisfied
that it is necessary or expedient so to 6.0,it may, by order
in writing, requisition the property and may make such
further orders as appear tomitto be necessary or expedient in
connoxion with the requisitioning:
Provided that no property or part thereof-
(a) which is bonafide used by the owner thereor
as the residence of himself or his family, or
(b) which is exclusively used either for religious
worship by the public or as a school, hospital, public
library or an orphanage or for the purpose of accommoda-
tion of persons connected with the management of such
place of worship or such school. hospitrl librapy or
orphanage, shall be requisitioned:
Provided further that where the requisitioned property
consistsof premises which are being used as a tesidence by
a tenant for not less than two months immediately preced-
ing the date of the service of notice under sub-section (I),
the competent authority shall provide such tenant with
alternative accommodation which, in itsopinion is suitable.
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- (1) Where any property has been requisitioned Power to take
under section 3, the competent authority may, by notice possession of
requisiti,oned
in writing, order the owner as well as any other person property.
who may be in possession of the proprty to surrender
or deliver possession thereof tothe competent authority or
any person duly authorised by it in this behalf within thirty
days of the service of the notice.
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