Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978
No: 31 Dated: Jul, 25 1978
The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978
Tamil Nadu Act 31 of 1978
An Act to provide for acquisition of land for Harijan Welfare Schemes.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Declaration. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles laid down in Part IV and in particular Article 46 of the Constitution.
3. Definitions. - In this Act, unless the context otherwise requires,-
(a) "building" includes a house, out-house, stable, latrine, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other materials whatsoever;
(b) "corporation" means a company or corporation owned or controlled by the Government;
(c) "Court" means -
(i) in the City of [Chennai], the [Chennai] City Civil Court;
(ii) elsewhere, the Subordinate Judge's Court having jurisdiction, and if there is no such Subordinate Judge's Court, the District Court having jurisdiction;
(d) "Government" means the State Government;
(e) "land" includes building and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(f) "Harijans" means members of the Scheduled Castes and include Scheduled Tribes;
Explanation. - (1) "Scheduled Castes" means the castes, races or tribes or parts of, or groups within, castes, races or tribes specified in the Constitution (Scheduled Castes) Order, 1950, made by the President under Article 341 of the Constitution as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976).
(2) "Scheduled Tribes" means the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in the Constitution (Scheduled Tribes) Order, 1950 made by the President under Article 342 of the Constitution as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976);
(g) "Harijan Welfare Scheme" means any scheme for provision of house-sites for Harijans for constructing, extending or improving any dwelling-house for Harijans or for providing any burial or burning grounds for Harijans or for providing any pathway leading to such dwelling-house, burial or burning grounds, or for providing any other amenity for the benefit of Harijans;
(h) "owner" includes any person, who is receiving or is entitled to receive the rent of any land or building, whether on his own account or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the land or building were let to a tenant;
(i) "person interested" in relation to any land or building, includes any person claiming, or entitled to claim, an interest in the amount payable on account of the acquisition of that land or building under this Act;
(j) "prescribed.authority" means any authority or officer authorised by the Government in this regard, by notification.
4. Power to acquire land. - (1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section.
(2) Before publishing a notice under sub-section (1), the District Collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or any other person, who, in the opinion of the District Collector or the officer so authorised maybe interested in such land, to show cause why it should not be acquired.
(3) (a) The District Collector may, where he has himself called upon the owner or other person to show cause under sub-section (2), pass such orders as he may deem fit on the cause so shown;
(b) Where any officer authorised by the District Collector has called upon the owner or other person to show cause under subsection (2), the officer so authorised shall make a report to the District Collector containing his recommendations on the cause so shown for the decision of the District Collector. After considering such report, the District Collector may pass such orders as he may deem fit.
5. Land acquired to vest in Government free from all encumbrances. - When a notice under sub-section (1) of section 4 is published in the District Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published, vest absolutely in the Government free from all encumbrances.
6. Right to receive amount. - Every person having any interest in any land acquired under this Act shall be entitled to receive and be paid an amount as hereinafter provided.