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Section 30

The Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975State Act of Tamil Nadu · Act 1 of 1976

(1) The Government may make rules to carry Pawer tomake out the purposes of this Act. rules.\;

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;

1 (b) the holding of inquiries under this Act ;

(c) the distribution and allocation of work to estate officers and transfer of any proceeding pending before an estate officer to another estate officer;

(d) the procedure to be followed in taking possession of public premises;

(e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;

(f) the manner in which appeals may be preferred and the procedure to be followed in appeals; and

(g) any other matter which has to be or may be prescribed.

(3) (u) All rules made under this Act shall be published in the Tamil Nadu Government Gazette andi unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they published. - 125-10 -34 I 530 ~ubl ic Premises (Eviction oj" [I916 : T.N. Act i Unauthorised Occupants)

(4) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session, in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both H~uses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Repeal, 21. The Tamil Nadu Public remises (Eviction of 27 of 1960), is hereby repealed.

!P Unauthorised Occupants) Act, 1960 (Tamil Nadu Act validation. 22. Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Tamil Nadu Public Premises (Eviction of Unauthoiised Occupants) Act, 1960 (Tamil Nadu Act 27 of 1960) (hereafter in this section referred to as the 1960 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act and accordingly,--

(a) no suit or other legal proceeding shall be maiatained or continued in any court for the refund of any rent or damages or costs recovered under the 1960 Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and

(b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1960 Act merely on the ground that the said Act has been declared to be unconstitutional and void, I 211TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Tamil Nadu Act 1 of 1976.

Short title and c o m m e n c e - ment.

Amendment of section 2.

An Act to amend the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. In section 2 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, in clause (e),—

(1) in sub-clause (1), in item (ii), the word “and” occurring at the end shall be omitted;

(2) in sub-clause (2), the word “and” shall be added at the end;

(3) after sub-clause (2), the following sub-clause shall be added, namely:— “(3) any premises belonging to a wakf, registered with the Tamil Nadu Wakf Board;” The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 26th November 2010 and is hereby published for general information:— ACT No. 33 OF 2010.

(By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department.

Where this provision sits

ActThe Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975
Section30
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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