The Tamil Nadu Acquisition of Hoardings Act, 1985

(1) This Act may be called the Tamil Nadu Acquisition of Hoardings Act, 1985. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force in such local area or areas and on such date as the Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (f) "local area" means such area as the Government may, by notification, declare to be a local area for the purposes of this Act; (g) "person interested" in relation to any hoarding includes... (h) "private place" means any place other than a public place; (i) "public place" means any place (including any road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access, or have a right to resort or over which they have a right to pass.

On the commencement of this Act in any local area, all hoardings in existence on the date of such commencement in such local area and the right, title and interests of any person in relation to such hoardings, shall stand transferred to and vest in the Government for a public purpose free from all encumbrances. (3) If any question arises whether any hoarding was in existence on the date of the commencement of this Act in any local area, the burden of proving such question shall lie on the person who claims to be a person interested in respect of such hoarding.

(1) For the vesting of the hoarding under section 3, every person interested shall be entitled to receive such amount as may be determined in the manner hereinafter set out, that is to say— (i) where the amount can be fixed by agreement, it shall be in accordance with such agreement;

(4) Where any person aggrieved by an award has preferred an appeal under section 8, eighty per cent, of the amount as determined by the award of the arbitrator shall be paid within a period of three months from the date of the award, and the balance amount, if any, due in accordance with the order of the Tribunal under section 8 shall be paid within a period of three months from the date of such order.

(1) Any person aggrieved by an award may prefer an appeal to the Tribunal. (2) The Government may constitute as many Tribunals as may be necessary for the purposes of this Act. (3) The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of a Subordinate Judge.

The Tribunal shall after— (i) giving the parties an opportunity of making their representations: (ii) making if necessary, such enquiry as it deems fit; and (iii) considering all the circumstances of the case,

No appeal under section 8 shall be preferred after the expiry of thirty days from the date on which the award appealed against was received by the appellant: Provided that the Tribunal may in its discretion allow further time not exceeding thirty days for preferring any such appeal if satisfied that the appellant had sufficient cause for not preferring appeal in time.

The arbitrator while holding arbitration proceedings under this Act shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document or other material object which is producible as evidence;

(1) Subject to the provisions of this section, and any rule that may be made under this Act, every notice made or issued under this Act shall... (i) by delivering or tendering it to that person, or (ii) if it cannot be so delivered or tendered by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such person is known to have last resided or carried on business or worked for gain; or failing service by these means, (iii) by post. (2) Any order or notice may be served, by publishing it in the Tamil Nadu Government Gazette, and where possible, by affixing a copy on any conspicuous part of the hoarding.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government, or any other officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the Government are, or an arbitrator or Authorised Officer is, empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Notwithstanding anything contained in the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or in any other law for the time being in force...

Whoever contravenes,— (a) any provision of this Act or any rule or order made under this Act, or (b) obstructs the lawful exercise of any power conferred by or under this Act, shall be punished with imprisonment for a term which may extend to three years or with fine, or with both.

(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) ... (b) the principles to be followed in apportioning the amount amongst persons interested; (c) the proceedings before the arbitrator and an appeal under section 8; (d) the manner of service of notices and orders; (e) any other matter which has to be, or may be, prescribed. (3) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and 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. (4) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature...

1. The amount shall be the market value of such hoarding as on the date of the commencement of this Act. 2. In the case of any lease or licence in respect of any place where the hoarding has been erected or in respect of the hoarding itself, if any person has been deprived of their right, such person shall be paid an amount equivalent to the income that would have been derived by them for a period of five years if this Act had not come into force.