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TAMIL NADU ACQUISITION OF LAND FOR HARIJAN WELFARE SCHEME RULES, 1979
TAMIL NADU ACQUISITION OF LAND FOR HARIJAN WELFARE SCHEME RULES, 1979
CONTENTS
1. Short tile.
2. Definition.
3. Procedure for Acquiring Land.
4. Determination of Market Value of the land.
5. Procedure for determining the amount.
6. Appeal against order of amount determined.
7. Register for instalment payments
8. Second appeal.
NO.SRO A/255(b)/79
In exercise of the power conferred by section 23 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978 (Tamil Nadu Act 31 of 1978), the Governor of Tamil Nadu hereby makes the following rules:
RULES
1. Short title – These rules may be called the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979.
2. Definition – In these rules, unless the context otherwise requires.
(a) “Act” means the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978)
(b) ‘Form’ means a Form appended to these rules;
(c) ‘Section’ means a section of the Act.
3. Procedure for Acquiring Land – (i) The District Collector or the Officer authorized by him in this behalf shall serve a show cause notice in Form I under sub-section (2) of section 4 individually on the owner or on all persons interested in the land to be acquired. If the owner or any other person interested in the land resides elsewhere than where the land is situated, the show-cause notice shall be sent by registered post (Acknowledgement Due) to the last Known address of the owner or any other person interested.
(ii) The District Collector, if after passing such orders as required by sub-sections (2) and (3) of section 4 is satisfied that it is necessary to acquire the land, notice in Form II to that effect shall be published in the District Gazette.
4. Determination of Market Value of the land – The market Value of the land under sub-section (1) of section 7 shall be determined in one or more of the following methods:-
(i) The price for similar land or portion of the same land in recent years after due allowance being made for lapse of time, advantage of situation or any other possible differences between the land sold and that proposed to be acquired;
(ii) The price for similar lands in the Vicinity in recent years;
(iii) The annual income from the land which may be capitalized for a certain number of years of purchase the number of years being determined on the nature of the land, the State of the money market and other relevant circumstances;
(iv) The value of the land shall be subject to full assessment including the value of trees, buildings, or crops standing thereon in the normal condition in which it would have come into the market at the time of publication of the notice under sub-section (1) of section 4.
5. Procedure for determining the amount – (i) Immediately after the publication of the notice under sub-section (1) of section 4 of the Act in the District Gazette by the District Collector, the Prescribed authority shall serve a notice in Form III to the owner and to all persons interested to appear before him on a day to be specified which shall not be earlier than fifteen days after the publication of notice under sub-section (1) of section 4 of the Act for inquiry. The notice shall also be displayed at prominent places or near the land under acquisition.
(ii) On the day specified or on any other day to which the enquiry is to be adjourned, the prescribed authority shall proceed to inquire into the objections which the owner or any person or persons interested may raise in regard to the extent, value of the land and the nature of interest of the different claimants to the land and shall determine by order which shall be in Form IV under his hand of (a) the true owner of the land; (b) market value of the land and solatium; and (c) the apportionment of the amount payable among all the persons known or believed to be interested in the land of whom or of whose claims he has information, whether or not they have appeared before him. The prescribed authority shall specifically the particulars of apportionment wherever necessary.
6. Appeal against order of amount determined – Any person, who does not agree to the amount determined by the prescribed authority under sub-section (3) of section 7 of the Act, may prefer an appeal to the Court within a period of six weeks from the date of receipt of the copy of the order of the prescribed authority.
7. Register for instalment payments – A register showing the payment of amount in instalment referred to in clause (ii) of sub-section (1) of section II shall be maintained in Form V.
8. Second appeal – Where the amount, as determined by the prescribed authority by order under sub-section (3) of Section 7, exceeds rupees fifty thousand, a second appeal shall lie to the High Court from any decision of the Court under the Act.
