Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
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713
1978 : T.N. Act %] Urban LgnH - .
(Ceiling and Regulation)
.
.. -
- - ...--
THE TAMIL NADU URBAN LAND (CBTLTNG AND
REGULATION) ACT, 1978.
I ARRANGEMENT OF SECTIONS.
CHAPTER I.
PRE&I~~INARY.
I CHAPTER 11.
CHAPTER 111.
4. P i r s o 3 ~
not~ntitledto hold vacant land in excess of the ceiling limit.
5. Ceiling limit.
6. Transfer of vacant land.
7. Persons holding vacant land in excess of ceiling limit to file state-
ment.
8. Filing of statement in cases where vrcant land held by a Person
is situated within the jurisdiction of two or more competent
authorities. . . .
9, Preparation of draft statement as regards vacant land hcld in cxctss
of cciling limit.
10. Final statement.
11. Acquisition of vacant land in excess of ceiling limit.
12. Payment of amount for vacant land acquired.
13. Constitution of Urban Land Tribunal and appeal to Urban Land-
Tribual.
14. Disputes regarding the right to receive the amount.
15. Revision by High Court.
16. Mcde of payment of amount.
SETXONS.
18. Power to enter upon any vacant land. I
I
19. Penalty for concealment, etc., of particulars of vacant land.
20. Chapter not to apply to czrtain vacant lands.
21. Power to exempt.
I
22. Excess vzcant 1ar.d r.01 to be treated las excess in certain
cases.
23. Retention of vacant land under certain circumstances.
24. Disposal of vacart land acquired under the Act,
25. Special provision regarding dispocal of vacant lands in favour
of certain persons.
I
I
REGULATION OF USE OF URBAN PROPIIRTY.
26. Definition.
27. Statement to be made before the registering authority in
oertain cases.
28. Regulation of construction of building with dwellin~units.
29. Demolition and stoppage of buildings i n certain cases and
appeal.
CHAPTER V.
I
- I
CHAPTER VI.
MISCELLANEOUS.
31. Powers of oompetent authority. I
32. Jurisdiotion cf competent ~uthoritiesand Tribunals in opecia]
cases.
33. Appeal.
34. Revision by State Government.
33. Bar of juriqdiction.
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SECTIONS.
36. Power of State Government to issue orders and directions to
the competent authority.
37. Returns and reports.
38. Delegation of powers.
39. Offences and punishments.
40. Offences by companies.
41. Indemnity.
42. Cognizance of offences.
43. Act to override other laws,
44. Court fees.
45. Certain officers to be public servants.
46. Correction of clerical errors.
47. Power to make rules.
48. Inclusion of any adjoining area in Schedule I.
49. Power to amend Schedule 111.
50. Power to remove difficulties.
51. Repeal and Saving.
SCHEDULE I.
SCHEDULE 11.
SCHEDULE 111.
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I
716 Urban Land 11978; T. N. Act 24
(Ceiling and Regulution)
CHAPTER I. I
Short title.
extent and 1, (1) This Act may be called the Tamil Nadu
c~mmencement.Urban Land (Ceil~ngand Regulation) Act, 1978.
(2) This Act extends to the whole of the State
of Tamil Nadu.
(3) (a) This Act, except sections 14, 15, sub-section
(3) of section 20 an3 sections 27 and 48, shall be
deemed to havz come into force on the 3rd day of
August 1976.
(b) Sections 14, 15, sub-section (3) of section 20
and sections 27 and 48 shall come into force c n the I
CHAPTER 11.
71'3
DEF~N~TIONS.
3. In this Act, unless the context otherwise requires,- Definitions.
(p) " vacant land " means land, not being land mainly
used for the purpose of agriculture, in an urban agglo-
meration, but does not include-
(i) land on which construction of a building is
not permissible under the building regulations in force
in the area in which such land is situated ;
(ii) in an area where there are building regulations,-
(a) the land occupied by any building construc-
ted before, or under construction on the commencement
of this Act with the approval of the appropriate authority
and the land appurtenant to such building ;
(b) the land where any building is proposed to be
constructed in respect of which the building plan has been
approved by the appropriate authority before the com-
mencement of this Act and the land appurtenant to
such building ;
(iii) in an area where there are no building re-
gulations, the land occupied by any building constructed
before or under construction on the commencement of
this Act and the land appurtenant to such building; and
(iv) the land which is exclusively used as pathway
by one or more families subject to such limits and con.
ditions as may be prescribed :
Provided that where any person ordinarily keeps
his cattle, other than for the purpose of dairy farming or
for the purpose of breeding of livestock, on any land
situated in a village within an urban agglomeration (des-
cribed as a village in the revenue records), then, so much
extent of the land as has been ordinarily used for the keeping
of such cattle immediately before such commencement
shall not be deemed to be vacant land for the purposes
of this clause.
CHAPTER 111.
7. (1) Every person holding vacant land in excess of the Persons holding
ceiling limit at the commencement ef this Act shall, within vacant land
such period as may be prescribed, file a statement before i:i~l;z:
the competent authority having jurisdiction specifying the ,o file state-
location, extent and such other particulars as may be ment.
prescribed of all vacant lands and of any urban or other
land on which there is a building, whether or not with a
dwelling unit therein in any urban agglomeration held by
him (including the na.ture of his right, title or interest
therein) and also specifying the vacant lands within the
ceiling limit which he desires to retain.
(2) If the competent authority is of opinion that any
person holds at the commencement of this Act, vacant
land in excess of the ceiling limit, then, notwithstanding
anything contained in sub-section (11, it may serve a notice
upon such person requiring him to file, within such period
a s may be specified in the notice, the statement referred
to in sub-section (1) and the person on whom such notice
is served shall be bound to comply with such notice.
(3) The competent authority may, if it is satisfied
that it is necessary so to do, extend the date for filing the
statement under this section by such further pericd or
periods, as it may think fit :
Final state- 10. (1) After the disposal of the objections, if any,
mat. received under sub-section ( 5 ) of section 9, the competent
authority shall make the necessa.ry alterations in the draft
statement in accordance with the orders passed on the
objections aforesaid and shall determine the vacant land
held by the person concerned in excess of the ceiling limit
and cause a copy of the statement as so altered to be
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11. (1) As soon as may bc after the service of the final Acquisition 01
statement under section 10 on the person concerned, khe vacant land in
competent authority shall cause a notification giving the corn po it.
particulafs of the vacant land held by such perscn in
excess of the ceiling limit and stating that-
(4) ~ u r i the
n ~ pe~iodcommencing on the date of
publication of the notification under sub-section (1) and
ending with the date specified in the declaration made
under sub-section (3)-
la. (1) Where any vacant land is dezmed t o have been payment of
acquired by the State Govzrnment under sub-section amount for
(3) of section 11, the State Government shall pay to the :z;;?pd
person or persons having any interest therein,-
(a) in a case where there is any income from
such vacant land, an amount equal t o ten times the net
average annual income actually derived from such land
duling the period of five consecutive ycars immediately
preceding the date of publication of the notification
issued under sub-section (1) of section 11:
Provided that where in respect of such vacant
land the amount calculated under this clause is less
than the amount calculated under clause (b) the
person or persons having interest in the vacant lend shall
be p ~ i dthe higher amount calculated under clause (b);
(b) in a case where no income is derived from
such vacant land, an amount ca.lculated at a rate-
?
(1 not exceeding fifty rupees per square metre in
the case o vacant land situated in an urban agglomera-
tion falling within category I specified in Schedule I;
(ii) not exceeding twenty-five rupees per square
metre in the case of vac+t land situated i n a n urban
rtgglomeration falling within category 11 Specified in
that Schedule; and
(iii) not exceeding fifteen rupees per square
metre in the case of vacant land situated in an urban
agglomeration falling within category 111 specified in that
Schedule.
(2) The net average a l n ~ a income
l referred to in
clause (a) of sub-section (1). shall be calculated in the
manner and in accordance ~ l t theh principles set out
Schedule 11.
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434 Urban Eand ti978 : T.N. Act 'dA
(Ceiling and Regulation)
I
(3) For the purpose of clause (b) of sub-section (I),
the State Government shall-
I
(a) divide, by notification in the Tamil Nadu
Government Gazette, every urban agglomeration situated
within the State into different zones, having regard to the
location and the general use of the land situated in an
urban agglomeration, the utility of the land in that urban
agglomeration for the orderly urban development thereof
and such other relevant factors as the circumstances of
the case may require ; and
I
(b) fix, subject to the maximum rates specified
in that clause, the rate per square metre qf vacant land
in each zone, having regard to the availab~lityof vacant
land in the zone, the existing use of vacant land in the
zone and such other relevant factors as the circumstances
of the case may require.
(4) Different rates may be fked under clause (b)
of sub-section ( 3 ) for vacant lands situated in different
zones within each urban agglomeration.
(5) Notwithstanding anything contained in sub-
section (1) where any vacant land which is deemed to have
been acquired under sub-section (3) of section I 1 is held
by any person under a grant, lease or other tenure from
the Central Government or any State Government and-
(i) the terms of such grant, lease or other tenure
do not provide for payment of any amount to such person
on the termination of such grant, lease or other tenure
and the resumption of such land by the Central Govern-
ment or the State Government, as the case may be ; or
(ii) the terms of such grant, lease or other tenure
provide for payment of any amount to such person on
such termination and resumption, then,-
(a) in a case falling under clause (i), no amount
shall be payable in respect of such vacant land under sub-
section (1) ; and
(b) in a case falling under clause (ii), the amount
payable in respect of such vacant land shall be the amount 1
payable to him under the terms of such grant, lease or I
. .--.
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i9j's : T.N. 8ct Urban Land $33
(Ceiling and Regulution)
1
penalty for 19. (1) If the competent authonty, in the course of
concealment, any proceedings under this Act, is satisfied that any
etc., of person has concealed the particulars of any vacant land
vacant land. of or of any other land on which there is a building, whether
particulars
or not with a dwelling unit therein, held by him or fur-
nished inaccurate particulars of such land or of the user
thereof, it may, after giving such person an opportunity
of being heard in the matter, by order in writing, direct
that, without prejudice to any other penalty to which
he may be liable under this Act, such person shall pay,
by way of penalty, a sum which shall not be less than,
but which shall not exceed twice, the amount payable
under this Act in respect of the vacant land or of such
other land or both, as the case may be, in respect of which
the particulars have been concealed or in respect of which
inaccurate particulars as aforesaid have been furnished.
440 UrbanLand
(Ceiling and Regulation)
I LIm : T. N. *a 24
- (ii) club ;
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1978 : T.N. Act 241 Urban Land 741
(Ceiling and Regulation)
.
1978 : T.N Act 241 TJrban Land
(Ceiling and Regulation)
743
I
Provided that no order under this clause shall be
made unless the reasons for doing so are recorded in
writing.
(c) Where any person holds vacant land in excess
of the ceiling limit and where in respect of such excess land
the State Government or the Central Government or any
company or corporation owned or controlled by the
Central or State Government or any educational or
medical institution has entered into an agreement before
the commencement of this Act for sale of such excess
vacant land or part thereof and the State Govern-
ment either on its own motion or otherwise is satisfied
that such agreement is for the benefit of the State
Government or the Central Government or such company
or corporation or institution, as the case may be, and
that the transaction is bona Jide, the State Government
Retention of
I
23. (1) Notwithstanding anything contained in any
vacant land of the foregoing provisions of this Chapter, where any
under wrtain person has demolished wholly or partly before the com-
circumstances.
mencement of this Act, or demolishes wholly or partly
after such commencement, any building on any land held
by him or any such building is destroyed or demolished
wholly or partly either before or after such commencement,
solely or partly due to natural causes and beyond the
control of human agency and as a consequence thereof,
in each such case, the land on which such building has
been constructed becomes vacant land and the aggregate
of the extent of such land and the extent of any other
vacant land held by him exceeds the ceiling limit, then,
he shal1,within such time as may be prescribed file a state-
ment before the competent authority having jurisdiction
specifying the location, value and such other particulars
as may be prescribed, of all the vacant lands held by
him.
a
(2) Where, on receipt of a st tement under sub-
section (I) and after such inquiry as the competent
authority may deem fit to make, the competent authority
is satisfied that the land which has become vacant land
is required by the holder for the purpose of redevelop-
ment in accordance with the master plan, such authority
may, subject to such conditions and restrictions as it
may deem fit to impose, permit the holder to retain such
land in excess of the ceiling limit for such purpose and
where the competent authority is not so satisfied and does
not so permit, the provisions of sections 7 to 16 (both
inclusive) shall, so far as may be, apply to the statement
filed under sub-section (1) and to the vacant land held
by such person in excess of the ceiling limit.
i
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1948 : T. N. ~ c h]
t rirban and 749
(Ceiling and Regulation)
451 A- -
-7-- (T
I urband [lW$: *,H. Ad M
(Ceiling and Regulation) I
(4) The provisions of sub-section (5) of section 13
and of section 15 shall apply to or in relation to an
appeal preferred under sub-section (2) as they apply to
or in relation to an appeal preferred under sub-section (4)
of section 13.
i
(5) Save as provided in this ection, n:, court
shall entertain any suit, application or other proceeding
for injunction or other relief against the competent
authority to restrain it from taking any action or mak-
ing any order in pursuance of the provisions of this
section.
(6) Where no appeal has been preferred against an
order for the demolition or modification made by the
competent authority under sub-seciion (I), or where an
order for the demolition or modification made by the
competent authority under that sub-section has been
confirmed on appeal, whether with or without variation,
the person against whom the order has been made shall
comply with the order within the period specified there-
in, or as the case may be, within the period, if any,
fixed by the Tribunal or the High Court on appeal or
revision, as the case may be and on the failure of the
person to comply with the order within such period, the
competent authority may himself cause the construction
to which the order relates to be demolished or modified
and the expenses of such demolition or modification
shall be recoverable from such person as an arrear of
land revenue.
I
CHAPTER V.
TRANSFER
OF VACANT LANDS ACQUIREDUNDER THE
ACTTO THE CENTRAL
GOVERNMENT.
I CHAPTER VI.
1 31. The competent authority shall have all the powers Powezs d
of a Civil Court, while trying a suit under the Code of Compofcnt
Civil Procedure, 1908 (Central Act V of 1908) in respect Au!hority.
of the following matters, namely :-
I -
(a) summoning and enforcing the attendance of any
person and examining him on oath ;
(b) requiring the discovery and production of any
document ;
Bar of
I
35. Save as otherwise provided in this Act, no order
jurisdiction* passed or proceeding taken by any officer or authority
under this Act shall be called in question in any court,
in any suit or application and no injunction shall be granted
by any court in respect of any action taken or t o be taken
by such officer or authority in pursuance of any power
conferred by or under this Act.
Powcr of 36. The State Government may issue such orders and
State Goyern- directions of a general character as it may consider
merit to Issue necessary in respect of any matter relating to the powers
orders
ainctiom ::a and duties of the competent authority and thereupon the
the Corn- competent authority shall give edfect to such orders and
petent diractiom.
Authority.
d
~xp1anation.-For the purp ses of this section,-
(a) " company " means any body cprpora.te and
includes a firm or other association of individuals; ana
(b) '' director " in relation t o R firm, means 2
partner in the firm.
Indemnity.
I
41. No suit or other legal proceeding shall lie against
the State Government or any officer or authority of the
State Government in respect of anyth~ngwhich is in good
faith done 01 intended to be done by or under this Act.
51. (1) The Tamil Nadu Urban Land (Ceiling and R~p-pea!and
Regulation) Act, 1976 (President's Act 34 of 1976) (herein- Saving
after referred to as the said Act), is hereby repealed.
SCHEDULE I.
[See sections 3 (n), 5, 12, 28 and 48.1 1
I.
CATEGORY i
Madras Urban Agglomeration,
(1) Madras Corporation.
(2) Tiruvottiyur Municipality.
(3) Alandur Municipality.
(4) Tambar am Municipality.
(5) Pallavaram Municipality.
(6) Madhavaram Township.
(7) Kathivakkam Township.
(8) Avadi Township.
(9) Ambattur Township. 1
(10) St. Thomas Mount-cum-Pallavaram Cantonment.
(11) Villivakkam Town Panchayat.
(12) Thiruvanmiyur Town Panchayat. I
(13) Kunrathur Town Panchayat.
(14) Anakaputhur Town Panchayat.
(15) Kodambakkam Town Panchayat,
(16) Pammal Town Panchayat.
(17) Saligramam Town Panchayat.
(18) Velacheri Town Panchayat .
(19) Virugambakkam Town Panchayat.
(20) Polal Town Panchayat.
(21) Thiruneermrvlai Town Panchayat.
(22) Chitlapakkam Town Panchayat.
(23) Perungalathur Town Panchayat.
(24) Naravarikuppam Town Panchayat.
(25) Nandambakkam Town Panchayat. I
(26) Maduravayal Town Panchayat.
(27) Kodungaiyur Town Panchayat.
(28) Oragadam Panchayat. I
(29) Erukkancheri Town Panchayat.
(30) Nerkundram Panchayat.
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(64) 94 Chettiaragaram.
(65) 96 Vanagaram.
(66) 97 Karambakkam.
(67) 98 Porur.
(68) 101 Valasaravakkam.
(69) 102 Ramapuram.
(70) 126 Cowl Bazaar.
(71) 135 Ullagaram.
(72) 138 Tharamani.
(73) 139 Kanagam.
(74) 142 Palavakkam.
(75) 145 Neelangarai.
(76) 150 Medavakkam.
(77) 151 Numangalam.
(78) 152 Kovilambakkam.
(79) 153 Kolathur.
(80) 157 Moovarasampattu.
(81) 161 Sembakkam.
(82) 164 Pulikkoradu.
(83) 165 Kadapperi.
(84) 166 Tambaram.
(85) 172 Thiruvanjeri.
(86) 174 Rajakilpakkam.
(87) 175 Gowrivakkam.
(88) 188 Jalladiampet.
CATEGORY11.
965
i H 8 : 9.N. Act 341 Urban Land
(Ceiling and Regulation)
Revenue villages in Salem taluk.
(19) 29 ReddiYur.
(20) 54 Alagapurampudur.
SCHEDULE 11.
[See section 12 (2).]
Principles for determination of the net average annual income.
1. The competent authority shall first determine the gross income
actually derived by the holder of the vacant land acquired during the
period of five consecutive years referred to in clause (a) of sub-section
(1) of section 12 including any income from any produce derived from
cultivation of the land during the said period.
Pi. For such determination the competent authority may-
(a) hold any local inquiry and obtain, if necessary, certified
copies of extracts from the property tax assessment books of the
municipal or other local authority concerned showing the rental value
of such land ;
(b) estimate the income from any produce from such land after
holding such local inquiry and taking such evidence as it thinks fit and
after giving an opportunity to the person concexned of being heard in
the matter.
3. The net average annual income referred to in clause (a) of sub-
section (1) of section 12 shall be sixty per cent of the average annual
gross income which shall be one-fifth of the gross income during the
five consecutive years as determined by the competent authority under
paragraph 1.
4. Forty per cent of the gross annual income referred to above
shall not be taken into consideration in determining the net average
annual income but shall be deducted in lieu of the expenditure which
the holder of the vacant land would normally incur for payment of any
tax to the municipal or other local authority and for collection and
other charges including cultivation charges.
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I SCHEDULE 111.
[See sections 3(g), 5(1) (iii), 5 (2) and 49.1
INDUSTRIAL
UNDBRTAKINGS.
Grafnmill products. 1
F I O U ~ milling (by
power machine).
Rice milling (by power machine). ' 1
Dal milling (by power machine).
Processing and grinding of cereals and grain manually.
Other grain milling and processing activities.
I
I
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f 94s : T. N. Act 241 Urban Land
(Ceiling and Regulation)
Manufacture of Cocoa, CAocolafe and sugar confectionerv ( including
Sweetmeats ).
Manufactu re of Cocaa products.
Manufacture af sugar confectionery.
I Manufacture of Sweetmeats.
I Manufacture of others.
I Mznufacture of hydrogenated oils, Vanaspathi, Ghee, etc.
Manufacture of other ediblo oils and fats, c.g., mustard oil,
groundnut oil, ti1 oil, etc. ( Inedible oils),
Tea processing.
Coffee curing, roasting and grinding.
Ccffee curing.
Coffee roasting, grinding, etc.
Manufacture of Jute Bags and other Jute textiles not elsewhere classiJied.
Knitting Mills.
Cotton knitting in mills.
Woollen knitting in mills.
Synthetic fibre knitting in mills.
Knitting other than in mills.
~ a i u f a c t u r of
e curtains, bed covers and furnishings.
Manufacture of mosquito nets.
Manufacture of others.
i
I Mmfacture of water-proof textiles such as oil cloth, Tarpaulin, etc.
Manufacture of Oil cloth.
Manufacture of Rubberised cloth.
Manufacture of Tarpaulin.
Manufacture of Artificial Leather.
Manufacture of others.
I I
~ M&nlsfacture of coir and coir products.
Manufacture of c?ir fibre and yarn.
Manufacture of coir mattings, carpets, etc.
I
Manufacture of ropes and twines.
Manuracture of coir products not elsewhere classifie:
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1978 : T.N. Act 241 3; Urban Land (Ceiling and Regulation) VS
i+fmufacture of wooden and cane boxes, crates, drums, barrels and other
wooden containers, Baskets and other rattan, bamboo, reed bamboo a&
willow.
Manufacture of wooden boxes, barrels, etc., except of plywood.
Manufacture of plywood chest for tea, etc.
Manufacture of baskets made from bamboo, cane reed aadagrass.
Manufacture of others.
1
Manufacture of cork and cork products.
~ Printing of Bank notes, currency notes, postage stamps, security passes, ctc.
Manufacture of Matches.
I
1
I
Manufacture of explosives and ammunition :and $re works.
Manufacture of Explosives (including industrial oxploivor).
Manufacture of Ammunition.
Manufacture of Safety fuses.
Manufacture of Fire works.
i i
Manufacture of others.
I
Manufacture of chemical products not elsewhere class$ed including ghofo-
chemicals ,sensitisedJilms and paper. I
1
Manufacture of Photo chemical materials, sensitised films and paper.
Manufacture of fine chemicals.
Manufacture of Sizing materials and textile chemicals auxiliaries.
Manufacture of Drug Intermediaries. I
I
Manufacture of Glue and gelatine. 1
Manufacture of Synthetic sweetners. 1
Manufacture of Shellac. I
Manufacture of Dyes stuff Intermediaries.
Manufacture of others.
I
I
Manufacture of Non-metallic mineral products.
Manufacture of S ~ ~ U C ~ BtOm
U ~ U goods,
I stone ware, stone dre~singand #to&
crushing.
Stone dressing and stone crushing.
Others.
Manufacture of earthern and laster statues and other productse
Manufacture of Ferro-alloys.
Making of Alloys,.
I 1
I
Wire drawings.
Rough castings.
Forgings.
Tool makiog.
Others.
Copper Manufacturing. 1 I
Melting and refining of Metal.
Rolling into basic form.
Wire Drawings. I
Manufacture of others. 1
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MS : T.N. ~ c a41
t UrbanLand
(Ceiling and Regulation)
Brass Manufacturing.
Making of brass and rolling into basic form.
Manufacture of rough castings.
Manufacture of others.
Aluminium Manufacturing.
Melting and refining of metal.
Rolling into basic form.
Wire drawings.
Manufacture of rough castings.
Manufacture of Forgings.
Manufacture of others.
Zinc manufacturing.
Melting and refining of metal.
Rolling into basic form.
Manufacture of others.
986 Urban h n d
(Ceiling and Regulation)
Manufacture of structural metal products.
Manufacture of furniture andjixtures andjixtures primarily of metal.
Manufacture of hand tools and general hardware.
Manufacture of Hand Tools.
Manufacture of Bolts and nuts.
Manufacture of Locks.
Manufacture of Metal Chains.
Manufacture of Agricultural hand tools and implements,
Manufacture of General hardware.
Manufacture of Parts and accessories.
Manufacture of Others.
I
Enamelling, japanrting, lacquering, galvlnising, plkting and polishing
of metal products.
~
I
I
Manufacture of metal utetlsils, cutlery arid kitchenware.
Manufacture of C~tlery. I
Manufacture of Utensils. - 1
- 1 - _ _
Manufacture of Pxessu~eCookers.
Manufacture of Kitchen gadgets.
Manufacture of Others.
Manufacture of Metal Products, except machinery and transport equipment
not elsewhere chssiJied like type founding.
Type founding.
Manufacture of Razor blades. I
Manufacture of springs.
Manufacture of Art Metalware.
Manufacture of Others.
1990 : p . ~ ~. c 241
t Urban Land 787 I
(Giling and Hegulatiolo)
Industrial Machinery for other t haa Food and ext tiles Industrie,~.
Manufacture of Ph~smaceulic~.lMachinery.
Manuf2.cture of Chemical Machinery.
Manufacture of Paper Machinery.
Manufacture of Mining Mzchinery.
Manufacture of Metallurgical Machinery.
125-10-50~
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Vrban Lnd [iH8 : 2. N. Act 24
(Ceiling and Regulation)
Manufacture of Others.
I
/ I I
~ i n t i n gof coins. I I I
I
Manufacture of sports and athletic goods and play equipment. I~
I ' Manufacture of children's play equipment.
Manufacture of musical instruments.
I
Manufacture of Stationery articles like fountain-pens, pencils, pens, pin-
cushions, tags, etc., not elsewhere classijied.
i I
Manufacture of Fountain-pens and ball pens. I
Manufacture of Pencils.
Manufacture of Flle covers. I
Manufacture of Stapling Machines, punches, etc.
Manufacture of Pins and clips.
Manufacture of Carbons and type-writer ribbons.
Manufacture of Rubber stamps.
Manufacture of Parts and accessories. I
Manufacture of others.
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TAMI'L N A D U
EXTR AORDIN A RY
, PUBLISHED B* A : ; T H ~ ~ ~ ~ *
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Part IV-Section 2,
-
g~neralinformation, :
ACT No. 26 OF 1989.
, P. JEYASINGH PETER,
Secr etary in Government, Law Department.
[ 71A
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-_C
The following Act of the Tamil Nadu Legislative Assembly r ce~vedthe ss:ent of
the President on the 12th AI gust 1994 and is hereby pub is%e(J tor _rei:eral
infcrmation :-
ACT
."*-
No. 48 OF 1994.
EA n Act Jz,rilitr. to ~ mfir!e ti e ~ a r n iNarlzr
l UiEair Lt nrl (Ce;f;ftgfind R ~ g ~ / ~ t i o r t )
Act 1975.
M. MUNIRAMAN,
Secretary to ~overnm?nt,
kaw Department.
*
..
<
T A M I L NADU
GOVERNMENT GAZETTE
EXTRAORDINARY pvhsnao ev ~ u t ~ 0 M t r
CONTENTS.
P. .gcs.
Act:
No. 40 of 19')6--Tamil Nadu Urban Land (Ceiling
and Regdatim) Amendment .. 233-237
No. 41 of 1996-PIantations Labour (Tamil Nadu
Amendment) .. .. .. .. 239
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the President on the 15111 November 1996 and is hereby pubIish& for
general information :-
ACT No. 40 OF 1996.
I
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"(a) "appellate authoritf' meails the autilosity prescl ibed uj,ti es sub-sectioi~
(1) of section 33 ;";
(ii) after clause (k), the following clause Itad been inserted, n a ~ i ~ e :-
lg
"(kk) "Special Appellate Tribunal" mealis tl;e Special Appellate Tribunal
referred to in sub-section (!) of section 13-A;";
(?) after section 13, tne followilg section had been inserted, rlirn~cly:--
Provided that before consulting thechief Justice of India under this clause
the State Government may satisfy itself that the Administrative Member in
the Tamil Nadu Land Reforms Special Appellate Tribunal holding office as
such Member on the date c )f such consultation had dealt with urban land cei-
ling measures also during I is service in the State Government in m y capacity for
-a- period of not less than one year in the aggregate.
. ., .,.
(2) ' For the purposes of this Act, in regard to the Administrative Member
of tbe Special Appellate Tribunal, the provisions of clause (d) of sub-section (4) of
section 77-C of the Tamil Nadu '8LBnd Refoms (Fixation ol Ceiling
on Land) Act, 1961 (Tamil Nadu Act 58 of 1961) shall apply subject
to the m~dificationthat, for the w o d s " I d r e f ~ mmeasures" occurring thereill.
the words " urban' hnd ceiling m e a s m *' bad been substituted.
(3) ' The prpvisions of sections 77:~. 77-E &d 77-F of the Tamil N d
Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadp Act 58
of 1961), as amended from time t~ fiIwishall,, rnutatis mutandis, apply to
Qe
.. Special Appellate Tribunal in respect of the matters falling under this Act. ";
(3) in section 14, for su b-section (3), the following sub-section had been
substituted , svme1y:- . ,
"(3) Any person aggrieved by any decision of the court vnder su b-sectioc
(1 3 may, within ninety days of the date on whicb thedecision is communicatd
to him, prefer an appeal to the Sptdttl Appellate Tribvr al:
Provided that the Special Appellate Tribuna 1 may entertain an appeal aft c.
theexpiry of the said period of ninety days if it is satisfied 1hat the appellant w : ~ ,
prevented by sufficient cause from filing the appeal in time.";
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(4) in section 1 5, inclrding the marginal beading, for the words " High
Court " in two places where they occup, the .icrds "Sptcial AppellateTribunal "
llad bee11 subsiituteci ;
(5) after section 15, the following sections bad been inserted , namely:-
+ "1 5-A. Tribunals P nder Article 323- B of tbe aonstitution fcr urban land
ceilin matters.--lt 1s hereby declare that ';the compctellt a~thorityreiel red to I U
clause d) ot section 3, the Ttibunel referred t c in clavsc (m) of scetio~l 3. the
court I efer~ed to in section 14, the appellate autbority referred tc in claus~ (a)
of section 3, thestate Government referred t o in section 34 -4 the Specla1
4ppellate Tribunal referred to ill clause (Irk) of section 3 shall be tllt hierarchy
ofTribunals for purposes of clause (33 (a) of Article 323Bof the Constitrtion, for
adjudication or trial of any dispute or complaint with respect to urban land
ceiling matters arising under this Act.
I
Provided that every application t o the Special Appellate Tribunal for the
exacise oft he powers under this section shall be mad e within such period as
may be presoribed:
Prwided fi.1 ther that tl;e SpecLl AppeUste Tribunal may admit an appli-
cation inad e sfter the expiration of the prescriber' period it it is ~a?isf
ied that
tke apoFcast a o a prevented by suffLc'entcame f? cm ma king the applreaticn in
time:
Provicfed also that thiz section shall not applytc anJ proweding of the courf ,
t hz Tribunal, i n resqecr of which. appeal u d a suh-secticn (3) ot secticn 1f ,
01.
lies tc tbe S p e c ~ Appellate
or revisicn t i c e . , ~ C T ~ O I'- 5 ~e~:~)ectively, ~l 2r1-
111:TI?!. .
(2) No order prejudicial to any person shall be passed under sub-section (1):
sw:l~ (Icrs0.i ~ I ; Li been given an opportunity of making his represenQtions."
111~1ass .
( 6 ) in scction 29, in sub-section (6). for the words ''High Court", the words
" rcial Appellate Tribunal" had been substituted ; ,
(7) io section 3 3, in sub-section (1), the expression "(hemfter in this s&tion
' f .rre . to as tlie appellate authority)" had been omitted ;
(8) for section. 35, the following -ions had been substituted, namely:--
-
BIM TAMiL NADU GOVERNMENT GALETTE EXTRAORDINARY
c -
Provided that the, exemption under section 132 of the Code of Civil Procedure,
1908 (Cenuql Act V of 1908) shall be applicable to any requisition for attendance
under this section.
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35C.J,%mltyfw con@a~entiosoS O P ~ Wof Special Appellate Trihual, etc.--
Any peson who -ivill'tllly Wls to coinP-y ~ r n o r i s ,s ~ a p t , c l k q # i m M
or oFdm b u d or made by the Special Appellate Tribunal, the State Gowmmsnt.
the appellate authority, the co* the 'I'ribkal, or the competent authority, s h a ~
be punishable with imprisonment fog a terq which ma)! emad to six months or
with fine which may ex'end b two thoumnc) rupees or with bath.
Tamil Nadu procsedlngs are based had arisen after the said date, shall stand transferred
tand Rd'S to the Tamil Naciu Land Reforms Special Appellate TribunaI with effect from
spocfal Appcl- the said date.
tate Trlbrmal.
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(3) All wl it petitions fincluding any 1x7 itions a n d procceciirigs relct iiig
Ihcreto), colliieciec iviiii, or xisiog O L L of~ p~.uc~c(:illg>LII~~O:, Ac! ;:i,d
p~ill~il)(:l
pellding in t Ilc Hig'h Court i mmediztely before t 1~ s:.ic! d zte, shr.11; t a;d transferred
t o the Tamil Nadu Land Reforms Special Appellete Tribunsl, with effect from
111~ said date :l.nd t l ~ ea i d writ pctiticms, petitions and procd.ings shall be deemed
F o bc stio m ~ t ur3b isioll petitions under section 15-Bof the principal Act and the
Taunil N:\du Land Reforills Special Appellate Tribunal sllall pass appropriate
orders accordii~gly .
(3) All writ-appeals (including any petitions and proceedings relating t h e
to), connected with. or arising out of procedi:lgs, under, the principal Act and
pending in the High Court imn~edi?&eIybefore the sseid date, shall be heard and
diswsed of by the High Cmrt, &s if this Act had not been passed.
A. K. RAIAN,
Secrotmy to G o v m e n t ,
Law Depastmant.
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-- . _ --- - ---_____-
The following Act of the Tamil Nadu Logislativ=Assembly received the assent
of the Governor on the 16th June 1999 and is hereby published for general
information : -
ACT No. 20 OF 1999.
An Act to repeal the Tamil Nadu Urban Land (Ceiling and Regulation)
Act, 1978.
BE it enacted by the Legislative Assembly of the Stzte of Tamil Nadu in the
Fiftieth Year of the Republic of India as follows :-
1. (1) This Act may be called the Tamil Nadx Urban Land (Cziling and Short t h e and
Regulation) Repeal Act, 1999. commence-
ment.
(2) It shall come into force at once.
2. The Tamil Nadu Urbaa Land (Ceiling and Regulztion) Act, 1978 (here- Repeal of
4 of 1978. inafter referred to as the principal Act), is hereby repealed. Tamil Nadu
Act 24 of 1978.
3. (1) The repsal of the principal Act shall not affect-- Savings.
(a) the vesting of any vacant land under sub-section (3) of section 11,
possession of which has been taken over by the State Government or any psrsoq duly
authorised by the Stat- Governrne~ltin this behalf or by the competent authority ;
(b) the validity of any order grantingexemption under sub -section (1) of
section 21 or any action taken thereunder.
(2) Where--
(a) any land is deemed to have vested in the Stafe averqment under
sub-section (3) of section 11 of the principal Act but possession of whlch has not
been taken over by tlie State Government or any person duly authorised by the
State Government in this behalf or by the competent authority ; and
(b) any amount has been paid by the State Government with respect
to such land,
then, such land shall not be restored unless the amount paid, if any,
has been refunded to the State Government.
e d be made under Abatement of
4.. All proceedings relating to any order made or ~ ~ r p 3 r t to
the principal Act pending immediately before the comaencement of this Act, before legd
any court, tribunal or any authority shall abate : proceedings;
Provided that this section shall not apply to the proceedings relating to sections
13, 13, 14, 15, 15-B and I6 of the principal Act in sc far as such proceedings are
relatable to the land, possession of which has been taken over by the State a v e r n -
ment or any person duly authorised by the State Government in this behalf or by
the competent authority.
K. PARTHASARATHY,
Secretary to &vernment,