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The Tamil Nadu Aided Institutions (Prohibition of Transfers of Property) Act, 1948 Act 14 of 1948 Keyword(s):
Institution, Manager, Transfer, Land and Building 1948 :T.N. Act Aided Institutions - 10s (Prohibition of Transfers oj' Property) '[TAMIL NADU] ACT No. XIV OF 19482.
'(TAMIL NADU) AIDED I N S ~ N S (PRO.
a HIBITION OF TRANSFERS OF PROPERT*) Am,
1948.1 (Received the assent of the Governor-General on the 7th June 1948 ; Jirst published in the Fort St.
George Gazette on the 15th June 1948.)
+ An Act to prohibit transfers of certain lands and buildiags by managers of educational and other institutions in the 3[State of Tamil Nadu].
WHEREAS it is exped'ent to prohibit transfers by managers of educational and other institutions in tho '[Pate of Tamil 'Nadu], of lands and buildings acquired with the aid of Government grants, or from the Government ; It is hereby enacted as follows :-
1. (I) This Act may be called the l[Tamil Nadu] al~ort t i t l e~ Aided Institutions (Prohibition of Transfers of Property) Act, 1948. lltcnlr 1 These words were substituted for the word "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Orda, 1969, For Statement of Objects and Reasons, see Fort St. Gar@ Gazette, dated the 13th January 1948, Part IV-A, pages 4142.
This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) -ion of Laws Act,. 1960 (Tamil Nadu Act 23 of 1960), repealing the corrcsponding law In force in t k t territory.
This Act was extended to the merged territory of Pudukkottai by section 2 of the Tamil Nadu Aided Institutiops ( P r o h i m of Transfers of Property) (Extension to Pudukkottai)iAct, 1961 (Tamil Nadu Act 54 of 1961), repea!ing the corresponding law in fac~ in that territory.
8 This expression was substituted for the expbs i 1 Madras" by tho Tamil Nadu Adaptation of h w s which was deemed to have come into force on the th 'f : T. N. Act XIV
(3) It shall come into force at once.
2. In this Act, unless there is anything repugnant in the subject or context-
(1) " Government " means the 2(State) Govern-
(2) " institution " means--
(a) any college, school or other place in the '[State of Tamil Nadu] which is intended for an educational purpose and includes libraries, playgrounds, hostels and quarters for the residence of teachers and servants ;
(b) any hospital, dispensary or nursing home in the 3(State) and includes quarters for the residence of doctors, nurses and servants ;
(c) any other institution or &[class of institutions] in the 3(State) notified by the Government in the Fort St. George Gnzette ;
(3) " manager " means the owner, trustee or other person who has power to transfer any land or building belonging to an institution, and includes a local authority ;
- -- a This word was substituted for the word " Provincial " by the Adaptation Order of 1950.
a This word was substituted for the word *' Provinca " by ibK
(4) " transfer "includes safe, exchange, mor- ,."(charge), lease or gift.
(b) any land or building has been transfct*tc)tl by the Governmen4 for usewor the purposes of III~)' institution, then, notwithstanding anything to the contrary i 11 r c I kY other law for the time being in force or in the dectl ( 1 1 transfer or other document relating to the land or builtl ing, it shall not be transferred without the, permias ilpll of the Government under sub-section (2) ; nor shall I I I(' land or building be used except for the purposes of r 111:
institution or purposes similar thereto 01 be kept vacrt I 1 f without being used for any purpose, without the 1-11 I mission of the Government.
(2) The Government may, in their discretion, I8 Y order, permit the transfer of any such land or buil(l1fr1~ if-
(i) the transfer is made in furtherance of t J 1 1 , purposes of the institution or of similar purposes apprr 1 ved by the Government, and the assets resulting fro111 the transfer are to be wholly utilized in ft~rtherancc ( 1 1 the said purposes ;
-- 1 Tbir word was inserted by section 3 of the Madms Aided lnctC , cionr (Prohibition of Transfers of P~.operty) Amendment Act 950 (Madras Act XXXIII of 1950).
:Now tho Co?rolldated Fund of the S'ate Oovcrnmcnt.
1 \'I' " 'I "'C p " >$&?y9.h.y$ "* .;q * , Aihd Znstirwim 12948: T.N. Act XIV (Prohibition of Trarsfet-s of Property' + or of the current market value of the land or building referred to in sub-section (I), clause (b), or of both, as the case may be ;
I (iii) the transfer is made for any other valid f . reason,-provided repayment is made to the Government in fuIl of the grant referred to in sub-section (I), clause (a), or of the current market value of the land or building referred to in sub-section (1), clause (b), or of both, as the case may be.
Explanation.-When granting permission 'under clause (i) or (ii) for the transfer of any land or building, the Government may impose such conditions as they deem fit to ensure that the assets resulting from the transfer are utilized wholly or in part, as the case may be, in furtherance of the purposes referred to in those clauses ; but a contravention of any such condition imposed on the transferor shall not invalidate the transfer.
(3) Lf any such land or building is transferred without such permission, the transfer shall be null and void.
Consequences of
4. If, in any case, the Government, after giving the breach of manager of the institution concerned a reasonable provisioos opportunity to make his representations in regard to of section 3 . the matter. are satisfied that the provisions of section 3, subsection ( I ) , have been contravened in respect of any land or building, they may, by order-
(a) if the land, or the land on which the building stands, belonged to the Government and was transferred by them for the purposes of the institution, direct the Collector to take possession of the land and of the build- * ing, if any, standing thereon, or at their option, direct the manager to pay to them in full the current market value of the land (together with that of the builalng where it was also transferred by them) and also the amount of the grant, if any, made by the Government for improving, altering or constructing the land or I bddixag;
I I .*A*. 1 . 1 I . I ' / 4 1948 : T.N. Act XIV] Aided Institutions (Prohibition of Transfers of Property)
(b) if the land, or the land on which the building stands, did not belong to the Governmen direct the manager to repay in full the grant made by k e Government, or at their option, direct the Collector to take possession of the land and of the building, if any, standing thereon, in which case, the Government shall pay to the manager any amount spent by him or his predecessors-in-title from the funds of the institution for the purpose of acquiring the land and constructing or acquiring the building, if any, thereon.
+ 5. (1) Every order passed by the Government under ER,~ section 3 (2) or 4 shall, subject to the provisions of sub- orders ultdet sections (2) and (3), be final and shall not be liable ~:2i:~ ' '' to be questioned in any Court of Law.
(2) (a) The manager of the institution in respect of which such an order is passed, not being a local authority, may, on the ground that the amount repayable- or payable by or to him has been wrongly fixed i n the order, apply to the District Judge having jurisdiction over the area in which the property in question is situated or if the property is situated in the nresidency-town, to the Principal Judge of the Madras City Civil Court, for fixing such amount correctly in accordance with the provisions of section 3 (2) or (4), as the case may be.
( h ) Such applical!on shall be nlade withjn ;ixly Jays from the date on which the nrdcr is c o w municatcd to r h!: manager.
(3) Thc Di\lricL or City Civil Court Judge shall clctcr~lline tllc amounl whicll i - p~.opcrly repayable o r l-v~yablc by or to the managcr in acclordat~cc fiith t hc provi\ion~ ot seclion 3 (2) or 4. a \ lhc casc n1:lV h3. and F U C ~ dr.:crnii?i1+ion \hall be f i ~ ~ a l anti shall 11ot hc Iii~l>lc 10 hc que\tioncd in any Crri~rt of Law.
building to vest in Gowmment absolutely on powsion being taken.
Recovery of sums due . under Act.
1084 Aided Institutions [I948 : T.N. Act XIV (Prohibition of Transfers of Property)
6. (1) When, in pursuance of--an order under section 4, the Collector takes possession of any laud or building by himself or throu~hanotber, it shall vest absolutely ia the l(Government) free from all encumbrances other than those existing at the commencement of this Act or created with the permission of the Government after such cornnlencement.
(2) If the Collector or any person authorized by him in this behalf is opposed or impeded in taking possession of any land or building under this Act, he shall, if he is a Magistrate, enforce the surrender of sucb land or building to himself; and, if he is not a Magistrate, he shall apply to a Magistrate, or within the presidency-town, to the Conlrnissioner of Police, and such Magistrate or Commissioner shall enforce the surrender of the land or building to the CoIlctor.
(3) Whoever opposes or inlp~des the Collector or any person authorized by him in taking possession of any land or building under this Act shall be punishable with imprisonment which may extend to six months or with fine which ntay extend to five thousand rupees or with both.
(4) Any land or building \\?hich vests in the 1(Gover11ment) undcr sub-section (1) shall be used by the Government, so far cis may be, only for purposes similar to those for which i t was being used before such vcsti ng.
7. Any sum rcyuircd to be rcpnid or paid to the Governmcnt in pursuance of scGtion 3, 4 or 5 may, without prc;jiidice to any mode of recovery provided in any otllor law for the time being in force, be recovered from thc properties of the institution or from the manager thereof as if it were an arrear of land revenue due from such institution or manager, u i This word was substituted for the word " Crown by the Adaptation Order of 1950.
. , '+ . "_ "_ *__l_______.(r*.*_..I__L l[7-A. (I) No -land or building referred to in Court not to section ? (1) shall be liable to be attached, sold, or made ~ ~ ~ $ t ~ U 1 ~ubject to a charge by any court whether in exemtion the PC-- of a decree or order of seeking such relief from ,permission of Government to do so Qnd files such permission in Court,
(3) If any such land or building is attached or sold, or a charge IS created thereon by any court without the permission of #he Government having been obtained and f i l ~ as aforesaid or if any condi-
8. (1) The Gmmment may, the Fort St. George Gazette, make rules not inconsistent with this Act for carrying into effect the purposes thereof;
(a) the court-fees payable on the applications referred to in section 5, sub-section (2) ;
(b) the procedure to be followed in respect of such applications ;
(c) the payment of the costs incurred by the parties, in connexion with such applications.
4 Tht section wae inserted by ~ t i o n 3 of tho Madras Aided Institutions Prohibition of Transfers of Prop,bty) Amendment Act. 1950 (dadru Act XXXllI o( 1950). !
I I