The Tamil Nadu Land Consolidation (for Special Projects) Act, 2023
Tamil Nadu Land Consolidation (for Special Projects) Act, 2023
1. Short title and commencement
- (1) This Act may be called the Tamil Nadu Land Consolidation (for Special Projects) Act, 2023.
- (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,—
- (a) "Collector" means the Collector of a district and includes any officer specially appointed by the Government to perform the functions of the Collector under this Act;
- (b) "competent authority" means any officer, committee or authority specified by the Government, by notification, to exercise the powers and perform the functions of a competent authority under this Act;
- (c) "Expert committee" means a committee constituted under sub-section
3. Application for consolidation of project land
- (1) A Project proponent may submit an application in the prescribed form, a proposal for consolidation of the project land, to the Government.
- (2) The proposal for consolidation of project land, shall contain,—
- (a) a hydrological plan, in the prescribed form, along with a certificate that,—
- (i) the overall storage of water in the project land will not be reduced; and
- (ii) the carrying capacity of the channels, canals or any other arrangement for the flow of water will not be diminished in any manner both upstream and downstream of the project land;
- (b) land ownership plan, in the prescribed form, containing the details of ownership of the project land. (c
- (a) a hydrological plan, in the prescribed form, along with a certificate that,—
4. Notification of Special Project
Notification of Special Project.
4.
- (1) On receipt of an application under section 3, on consideration of the factors and conditions prescribed, if the Government are satisfied that the project will be of significance for the State, may notify the project as a Special project for the purposes of this Act and shall forward the application to the Collector of the district in which the project is to be implemented.
- (2) As soon as may be, on notification of the Special project,
5. Publication of land consolidation proposal
- (1) The Expert committee shall cause, publication of the land consolidation proposal of the Project proponent and conduct of public hearing by the convenor, after giving adequate publicity about the date, time and venue for the public hearing, in the manner as may be prescribed, to ascertain the views of the interested persons.
- (2) The convenor of the Expert committee shall also consult the quasi-government agency, if any, on whom the project land vests and also seek their concurrence to dispense with their land for the project.
6. Draft Land Consolidation Scheme
-1 6.
- (1) The Expert committee shall prepare a draft land consolidation scheme based on the proposal of project proponent, also incorporating the views of the interested persons, the concurrence or otherwise of the quasi-government agencies, if applicable and the views of the Committee and submit the same to the Collector for approval.
- (2) On approval, the Collector shall cause the same to be published in the District Gazette and in two leading daily newspapers of which one shall be in Tamil. Any interested person may within a period of thirty days from the date of publication of the draft Land Consolidation Scheme, submit their objections or suggestions in writing to the Collector:
7. Provided that the draft Land Consolidation Scheme shall not be published unless the lands of persons, if any, other than that of the project proponent are vested on the Government.
Final Land Consolidation Scheme
- (1) The Collector, shall, on expiry of thirty days from the date of publication of the draft Land Consolidation Scheme, send the draft Land Consolidation Scheme and objections and suggestions, if any received, together with his recommendation thereon to the competent authority.
- (2) The competent authority shall, within two months from the date of receipt of the draft Land Consolidation Scheme, either approve or approve with such conditions, as it may deem fit, to be complied with by the Project proponent within a specified period.
- (3) On approval of the draft Land Consolidation Scheme by the competent authority under sub-section (2), it becomes final and the final Land Consolidation Scheme shall be published in the Tamil Nadu Government Gazette and in two leading daily newspapers of the area, of which one shall be in Tamil: Provided that the competent authority may cancel or modify the final Land Consolidation Scheme wholly or partly, if any of the conditions has not been complied with by the Project proponent:
8. Provided further that no such cancellation or modification shall be done unless an opportunity of being heard is given to the Project proponent.
Appeal -1 8.
- (1) Any person aggrieved by an order of the competent authority made under sub-section
- (2) of section 7 may, within thirty days from the date of publication of the final land Consolidation Scheme, appeal to the Government in such manner, as may be prescribed.
- (2) On receipt of an appeal under sub-section (1), the Government shall, within a period of two months, dispose of the appeal after giving the appellant an opportunity of being heard.
9. Power of Government to call for record
The Government may, either suo-motu or on application made by any person, at any time, for the purpose of satisfying themselves as to the legality or propriety of any order passed, scheme prepared or approved by the Collector, Expert committee or competent authority, call for and examine the record of any case pending before or disposed of by the competent authority and may pass such order in reference thereto, as they think fit:
10. Provided that no order or scheme shall be varied or reversed without giving the affected persons an opportunity of being heard.
Protection of water bodies Protection of water bodies.
10.
- (1) In cases where a river, stream or other waterway changes its course due to natural events and passes through a land owned by any person, the owner of the land, may make an application in the form and manner prescribed to the Collector, seeking grant of land at the disposal of the Government in exchange of the land owned by him.
- (2) The Collector shall, on verification of the revenue records and after causing a topographical survey, if there exists a prima facie case for proceeding in the matter, send a report along with the application, to the Government.
- (3) On receipt of the report from the Collector, the Government shall constitute
11. Officers and employees to be public servants
Every officer and employee acting under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
12. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any authority, officer or other employee for anything done or intended to be done in good faith under this Act.
13. Power to remove difficulties
If any difficulty arises in giving effect to any provision of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provision not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of removing the difficulty:
14. Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
Power to make rules
- (1) The Government may make rules for carrying out the purposes of this Act.
- (2) 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.
- (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 are so published.
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