The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949

(1) This Act may be called the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force at once.

In this Act, unless there is anything repugnant in the subject or context- (b) "notified order" means an order notified in the Tamil Nadu Government Gazette, (c) "undertaking" means any undertaking by way of any trade or business and includes the occupation of handling, loading or unloading goods in the course of commerce therein and requisitioning of property.

(1) If in the opinion of the State Government it is necessary or expedient for maintaining, increasing or securing the supply of any essential article or for arranging for its equitable distribution and availability at fair prices, the State Government may, by order, requisition any property, movable or immovable, and may make such further orders as appear to them to be necessary or expedient in connexion with the requisitioning : Provided that no property used for the purpose of religious worship shall be requisitioned under this section: Provided further that buildings solely used for residential purposes shall not ordinarily be requisitioned. (2) Where the State Government have requisitioned any property under sub-section (1), they may use or deal with the property in such manner as may appear to them to be expedient and may acquire it by serving on the owner, or where the owner is not readily traceable or the ownership is in dispute, by publishing in the Tamil Nadu Government Gazette, a notice stating that the State Government have decided to acquire it in pursuance of this section. (3) Where a notice of acquisition is served on the owner, or is published in the Tamil Nadu Government Gazette, under sub-section (2), then, at the beginning of the day on which the notice is so served or published, the property shall vest absolutely in the State Government free from all encumbrances and the period of requisition thereof shall end.

(1) Whenever in pursuance of section 4, any movable or immovable property is requisitioned or acquired, there shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say,- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement. ; (b) where no such agreement can be reached, the State Government shall appoint as arbitrator, the District Judge or Subordinate Judge having jurisdiction over the area in which the movable property is requisitioned or acquired or in which the immovable property is situated, Explanation.-For the purpose of this clause, the expression "District Judge" includes a Judge of the Madras City Civil Court. (c) At the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation. (d) The arbitrator in making his award shall have regard- (i) in the case of movable property, to its market value ; (ii) in the case of immovable property, to the provisions of sub-section (1) of the section 23 of the Land Acquisition Act, 1894, so far as the same can be made applicable and to the fact whether the acquisition is of a permanent or temporary character : Provided that where any property requisitioned is subsequently acquired, the arbitrator, in any proceedings in connexion with such acquisition, shall, for the purposes of this clause, take into consideration the market value of the property at the date of the requisition as aforesaid and not at the date of its subsequent acquisition. (e) An appeal shall lie to the High Court against the award of an arbitrator where the value of the subject-matter in dispute in appeal is Rs. 2,000 and above. Explanation.-In the case of periodical payments the value of the subject-matter in appeal shall be deemed to be five times the amount in dispute calculated for one year. (f) Save as provided in this section and in any rules made under this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. (2) The State Government may, with a view to requisitioning or acquiring any property under section 4, by order.- (a) 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 ; (b) direct that the owner, occupier or person in possession of the property shall not, without the permission of the State Government, dispose of it or where the property is a building, structurally alter it or where the property is movable, remove it from the premises in which it is kept, until the expiry of such period as may be specified in the order.

(1) Where any property requisitioned under this Act is to be released from such requisition the State Government or any person generally or specially authorized by them in this behalf, may, after such inquiry, if any, as they or he may in any case consider it necessary

(1) Any order made under the said Act or the said Act as amended by Madras Act I of 1949 and in force immediately before the commencement of this Act, shall continue in force and be deemed to be an order made under the corresponding provision of this Act, and all appointments made, licences or permits issued, regulations made and directions given under any such order shall also continue in force until superseded or modified by the competent authority. Explanation.- In this sub-section, "Official Gazette" means, and shall be deemed always to have meant, the Gazette of India, the Fort St. George Gazette or any District Gazette published in the State of Tamil Nadu. (2) The State Government may, if they consider it expedient so to do, from time to time, modify or annul any order, appointment, licence, permit, regulation or direction specified in sub-section (1).

Any order made under section 3, section 4 or section 7 or continued under section 9 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.

(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the State Government or any person acting under his direction or aiding or assisting him- (a) for, or on account of, or in respect of, any sentence passed, or any act ordered or done by him in exercise of any jurisdiction or power purporting to have been conferred on him by or under the said Act or the said Act as amended by Madras Act I of 1949 or the said Act as applied to the Pudukottai State under the Foreign Jurisdiction Act, 1947, or (b) for carrying out any sentence passed by any Court in exercise of any such jurisdiction or power as aforesaid. (2) No suit or other legal proceeding shall lie against the State Government for, or on account of, or in respect of, any act, matter or thing whatsoever, purporting to have been done in pursuance of or under the said Act or the said Act as amended as aforesaid or the said Act as applied to the State aforesaid.