The Tamil Nadu Educational Institutions (Temporary Control of Property) Amendment and Validation Act, 1975

(1) This Act may be called the Tamil Nadu Educational Institutions (Temporary Control of Property) Amendment and Validation Act, 1975. (2) It shall be deemed to have come into force on the 8th September 1975.

In this Act, unless there is anything repugnant in the subject or context,— (a) “educational institution” means any school, college or other institution for imparting education, which is managed by an individual, body or local authority; (b) “Government” means the State Government; (c) “person interested” in relation to any property control of which is taken over under this Act, includes any person claiming an interest in compensation to be paid on account of such taking over. The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949 (Tamil Nadu Act XLVIII of 1949).

(1) If in the opinion of the Government it is necessary or expedient so to do for the purpose of maintaining or running an educational institution without interruption or for the purpose of providing, or continuing to provide, educational facilities or for ensuring the proper management of an educational institution, they may, by order, take over the control of the property used for the purposes of such institution for such period as they may think fit. (2) Before making an order under sub-section (1), the Government shall give the person or body in management of the institution or the owner of the property a notice in writing to show cause against the proposed action and shall consider the explanation, if any, furnished by such person or body. (3) An order under sub-section (1) shall be published in the prescribed manner: Provided that failure to comply with the provisions of this sub-section shall not affect the validity of the order. (4) The Government may also make such further order as may appear to them to be necessary or expedient in connection with the taking over control of any property under this Act. (5) Where the control of any property, whether movable or immovable, is taken over under sub-section (1), the Government may— (i) use or deal with such property themselves for any educational purpose which they think fit, or (ii) by order, permit any other person or body including a local authority, to use or deal with such property for any such purpose, subject to the payment of such rent and other sums to the Government, and the observance of such conditions, as may be specified in the order: Provided that such person or body shall be of the same religious denomination if any, as that of the person or body from whom or from which control of the property was taken over. (6) The control over any property referred to in sub-section (1) shall, unless sooner relinquished, cease after the expiry of the academic year immediately following that in which the property is taken over: Provided that the State Government may, if in their opinion it is necessary so to do, by an order in writing published in the prescribed manner, direct that their control over such property shall continue for a further period not exceeding one academic year. (7) Notwithstanding anything contained in sub-section (6), the Government may, for reasons to be recorded in writing and on the recommendation of such authority as may be prescribed, by order published in the prescribed manner, direct that the control over such property shall continue for a further period not exceeding three academic years commencing from the date of the expiry of the academic year referred to in the proviso to sub-section (6). Where the control of any property of any educational institution, has been taken over by the State Government before the 8th September 1975 under section 3 of the principal Act, the State Government may issue an order continuing such control for a further period not exceeding three academic years under sub-section (7) of section 3 of the principal Act as amended by this Act and such order shall take effect from the date of the expiry of the academic year referred to in the proviso to sub-section (6) of section 3 of the principal Act.

(1) Where any immovable property is taken over under this Act, the Government shall pay to the person interested such rent as may be fixed by the District Collector of the district in which the property has been taken over: Provided that where the property has been acquired with the aid of a Government grant, the rent shall be fixed by the District collector after taking the amount of the grant into account in the prescribed manner. (2) Where there is any dispute as to the title to receive the rent aforesaid or as to the apportionment of the amount of the rent, the District Collector shall decide the dispute. (3) Every order passed by the District Collector under sub-section (1) or sub-section (2) shall, subject to the provisions of sub-sections (4) and (5), be final and not be liable to be questioned in any Court of Law. (4) Any person deeming himself aggrieved by an order of the District Collector under sub-section (1) or sub-section (2) may appeal against such order to the District Judge having jurisdiction over the area in which the immovable property is situated or if it is situated in the City of Madras, to the Principal Judge of the Madras City Civil Court. The appeal shall be preferred within sixty days of the date on which the order appealed against is served on or communicated to the person concerned. (5) Every order of the District or City Civil Judge on an appeal preferred to him under sub-section (4) shall be final and shall not be liable to be questioned in any Court of Law. Notwithstanding anything contained in the principal Act as amended by this Act or in any other law, if the control of any property of any educational institution, has been taken over by the State Government before the 8th September 1975 under section 3 of the principal Act, such control shall, unless sooner relinquished, remain and always be deemed to have remained with the State Government at all material times, as if an order under sub-section (7) of section 3 of the principal Act as amended by this Act continuing the control of the institution for a further period not exceeding three academic years had been issued by the State Government and remained in force at all material times and accordingly- (a) all acts or proceedings or things done or taken by the State Government or any authority or officer or servant of the State Government in connection with any property of the educational institution concerned shall for all purposes be deemed to be and to have always been done or taken in accordance with law; (b) no suit or other proceeding shall lie against the State Government or any authority or officer or servant of the State Government for the release of control of any property of such educational institution solely on the ground that the control of the State Government ceased to exist under section 3 of the principal Act as in force before the 8th September 1975 and no court shall enforce any decree or order directing the release of any such control.

Whenever any movable property is taken over under this Act, the compensation payable therefor and the person to whom it should be paid shall be determined in such manner as may be prescribed; and where the property concerned has been acquired with the aid of a Government grant, the rules may provide for the manner in which the amount of the grant shall be taken into account in fixing the compensation payable. (1) The Tamil Nadu Educational Institutions (Temporary Control of Property) Amendment and Validation Ordinance, 1975 (Tamil Nadu Ordinance 14 of 1975) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act, as if this Act had come into force on the 8th September 1975.

The authority prescribed in this behalf may, for the purpose of taking over any property under this Act or for determining the amount of rent or compensation payable under this Act, by order— (a) authorise any person to enter and inspect any immovable property specified in the order and the movable property therein liable to be taken over under this Act; (b) require any person to furnish to such authority as may be specified in the order, such information in his possession relating to the property, as may be so specified; (c) direct that until the expiry of such period as may be specified in the order, the person in possession of the property shall not, without the permission of the Government, dispose of it or in the case of a building, alter it structurally or, in the case of movable property, remove it from the premises in which it is kept.

Any person remaining in possession of any property in contravention of an order issued under section 3 may be summarily dispossessed of the property by any officer empowered by the Government in this behalf, and in the case of a building, if free access to it is not afforded to such officer, he may after giving reasonable warning and facility to withdraw to any woman not appearing in public according to the customs of the country, remove or open any lock or bolt or break open any door or do any other act necessary for effecting such dispossession.

(1) Where the control of any property taken over under section 3 is to be relinquished, the Government may, after making such inquiry, if any, as they may consider necessary, by order in writing specify the person to whom possession of the property shall be given. (2) The delivery of possession of any such property to the person specified in an order made under sub-section (1) shall be a full discharge of the Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of such property which any other person may be entitled, by due process of law, to enforce against the person to whom possession of the property is so delivered.

Where the possession of any property is to be delivered to the person entitled to possession thereof, the Government shall cause to be published in the Fort. St. George Gazette a notice: (a) specifying the property which is relinquished; (b) and shall cause a copy of the notice to be affixed to some conspicuous part of such property. Upon the notice referred to in sub-section (3) being published in the Fort. St. George Gazette, the property specified in such notice shall cease to be subject to the control of the Government and from the date of such publication shall be deemed to have been delivered to the person or persons entitled to possession thereof; and the Government shall not be liable for any rent, compensation or damages in respect of such property for any period after the said date.

Any person who contravenes any order made under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

The Government may, by notification in the Fort. St. George Gazette, direct that any powers and duties conferred or imposed on them by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and discharged by such officer or authority subordinate to the Government as may be specified in the order.

Save as otherwise expressly provided in this Act, no decision or order made in exercise of any power conferred by this Act shall be called in question in any court.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith taken under or done in pursuance of this Act, the rules made thereunder or of any order made thereunder.

(1) The Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed; (b) the assessment and payment of compensation for any damage caused to any immovable property taken over under this Act or for any damage caused to, or loss of, any movable property so taken over; (c) the court-fees payable, and the procedure to be followed, in respect of the appeals referred to in section 4, including the payment of the costs incurred by the parties in connection with such appeals.