The Tamil Nadu Land Encroachment Act, 1905

This Act may be cited as "The Tamil Nadu Land Encroachment Act, 1905." It extends to the whole of the State of Tamil Nadu.

In this Act, unless the context otherwise requires, the expression "transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.

(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks, and all back waters, canals and water-courses and all standing and flowing water, and all lands, wherever situated, save in so far as the same are the property- (a) of any zamindar, poligar, mittadar, shrotriemdar or inamdar or any person claiming through or holding under any of them, or (b) of any person paying shist, kattubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or (c) of any person holding under ryotwari tenure, including that of a janmi in the Gudalur taluk of the Nilgiris district or in the transferred territory or in any way subject to the payment of land-revenue direct to Government, or (d) of any other registered holder of land in proprietory right, or (e) of any other person holding land under grant from the Government otherwise than by way of licence, and, as to lands, save also in so far as they are temple site or owned as house-site or backyard, are and are hereby declared to be the property of Government except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land-owners, and to all customary rights legally subsisting. (2) All public roads and streets vested in any local authority shall, for the purposes of this Act, be deemed to be the property of Government. Explanation.-In this section "high water mark" means the highest point reached by ordinary spring-tides at any season of the year.

Any person who shall unauthorizedly occupy in any area other than the transferred territory any land which is the property of Government, shall be liable to pay by way of assessment- (i) if the land so occupied forms an assessed survey number or part thereof, the full assessment of such number for the whole period of his occupation or a part thereof proportionate to the area occupied, as the case may be, provided that, for special reasons, the Collector or subject to his control, the Tahsildar or Deputy Tahsildar may impose the full assessment of such number or any lesser sum irrespective of the area occupied; (ii) if the land so occupied be unassessed, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar quality in the neighbourhood, or at the highest dry or wet rate of the village, as the case may be, or when no such rates exist in such manner as may be prescribed in rules or orders under section 8 : Provided that payment of assessment under this section shall not confer any right of occupancy. Explanation.-For the purposes of this section occupation for an incomplete portion of a fasli may be deemed to be occupation for a whole fasli.

Any person who shall unauthorizedly occupy in the transferred territory any land which is the property of Government shall be liable to pay by way of assessment,- (a) if the land so occupied forms an assessed survey number or part thereof, such assessment for the whole period of his occupation, as may be imposed by the Collector or subject to his control, by the Tahsildar or Deputy Tahsildar, in accordance with such rate as may be prescribed; (b) if the land so occupied be unassessed, such prohibitory assessment for the whole period of his occupation,

The decision as to the rate or amount of assessment payable under section 3 or section 3-A shall be recorded in writing and shall not be questioned in any civil court.

Any person in any area other than the transferred territory liable to pay assessment under section 3 shall also be liable at the discretion of the Collector, or subject to his control, the Tahsildar or Deputy Tahsildar to pay in addition by way of penalty- (i) if the land be assessed land, a sum not exceeding five rupees or, when ten times the assessment payable for one year under section 3 exceeds five rupees, a sum not exceeding ten times such assessment, provided that no penalty shall ordinarily be imposed in respect of the unauthorized occupation of such land for any period not exceeding one year; (ii) if the land be unassessed, a sum not exceeding ten rupees, or when twenty times the assessment payable for one year under section 3 exceeds ten rupees, a sum not exceeding twenty times such assessment.

Any person in the transferred territory liable to pay assessment under section 3-A shall also be liable at the discretion of the Collector or subject to his control, the Tahsildar or Deputy Tahsildar, to pay in addition by way of penalty, whether the land be assessed or unassessed, a sum not exceeding fifty rupees.

Before taking proceedings under section 6 or section 6-A, the Collector, or Tahsildar or Deputy Tahsildar or Revenue Inspector, shall cause to be served in the manner provided in section 7 on the person reputed to be in unauthorized occupation of land being the property of Government, a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under section 5 or section 6-A: Provided that where the notice under this section is caused to be served by the Revenue Inspector he shall require the person reputed to be in unauthorized occupation of the land to show cause against such notice to the Tahsildar or Deputy Tahsildar having jurisdiction and shall also make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Tahsildar or Deputy Tahsildar having jurisdiction.

(1) Any person unauthorizedly occupying any land for which he is liable to pay assessment under section 3 or section 3-A may be summarily evicted by the Collector, or subject to his control, by the Tahsildar or Deputy Tahsildar or any other officer authorized by the State Government in this behalf (hereinafter referred to as the 'authorized officer'), and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the Collector or subject to his control by the Tahsildar or Deputy Tahsildar or authorized officer and any property so forfeited shall be disposed of as the Collector or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer may direct. (2) An eviction under this section shall be made in the following manner, namely:- By serving a notice in the manner provided in section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector or the Tahsildar or Deputy Tahsildar or the authorized officer may deem reasonable after receipt of the said notice to vacate the land, and, if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector or the Tahsildar or Deputy Tahsildar or authorized officer shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar or Deputy Tahsildar or authorized officer for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district for the like period: Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under sections 183, 186 or 188 of the Indian Penal Code in respect of the same facts. (3) Any authorized officer taking proceedings under this section shall make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar having jurisdiction.

Before taking proceedings under section 6 the Collector or Tahsildar, or Deputy Tahsildar or Revenue Inspector or any authorized officer or any officer of the Highways Department not below the rank of a Section Officer and not being an authorized officer as the case may be shall cause to be served on the person reputed to be in unauthorized occupation of land being the property of Government a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under section 6. Such notice shall be served in the manner prescribed in section 25 of the Tamil Nadu Revenue Recovery Act, 1864, or in such other manner as the State Government by rules or orders under section 8 may direct: Provided that no such notice shall be necessary in the case of any person unauthorizedly occupying any land, if he has been previously evicted from such land under section 6 or if he has previously vacated such land voluntarily after the receipt of a notice under section 5-B or under this section: Provided further that where the notice under this section is caused to be served by any Revenue Inspector or any officer of the Highways Department not below the rank of a Section Officer and not being an authorized officer, he shall require the person reputed to be in unauthorized occupation of the land to show cause against such notice to the Collector, Tahsildar or Deputy Tahsildar having jurisdiction and shall also make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar having jurisdiction.

(1) The State Government may make rules— (a) regulating the rates of assessment leviable under section 3 or section 3-A; (b) regulating the imposition of penalties under section 6 or section 5-A; (c) declaring that any particular land or class of lands which are the property of Government shall not be open to occupation; (d) regulating the service of notices under this Act and prescribing the form of such notices; (e) specifying the particulars to be contained in the report under the proviso to section 5-B, under sub-section (3) of section 6 and under the second proviso to section 7; (f) regulating the procedure to be followed in appeals and revisions under this Act; and (g) for the purpose of carrying into effect the provisions of this Act. (2) All rules and orders made under this section shall be published in the Fort St. George 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. (3) Every rule and every order made under this section shall, as soon as possible after it is made, 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 order or both Houses agree that the rule or order should not be made, the rule or order 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 order.

The amount of assessment and penalty imposed or levied under this Act on any person unauthorizedly occupying any land shall be deemed to be land-revenue and may be recovered from him as arrears of land-revenue under the provisions of the Tamil Nadu Revenue Recovery Act, 1864, or the Madras City Land-Revenue (Amendment) Act, 1867, as the case may be.

An appeal shall lie (a) to the Collector from any decision or order passed by a Tahsildar or Deputy Tahsildar or an authorized officer under this Act, and (b) to the District Collector from any decision or order of a Collector passed otherwise than on appeal, and (c) to the Board of Revenue from any decision or order of a District Collector passed otherwise than on appeal.

(1) Any decision or order passed under this Act may be revised either suo motu or on application- (a) by the District Collector, if such decision or order was passed by an authorized officer or a Deputy Tahsildar, Tahsildar or Collector; (b) by the Board of Revenue, if such decision or order was passed by any officer; (c) by the State Government, if such decision or order was passed by the Board of Revenue. (2) The power conferred by sub-section (1) shall not be exercised except on the ground that the officer or authority whose decision or order is sought to be revised appears to have exercised a jurisdiction not vested in him or it by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of his or its jurisdiction illegally or with material irregularity. (3) No decision or order shall be passed under sub-section (1) prejudicial to any person without giving such person a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consideration, before such decision or order is passed.

Pending the disposal of any appeal or application or proceedings for revision under this Act, the Collector, the District Collector, the Board of Revenue, or the State Government, as the case may be, may by order, and subject to such conditions as may be specified therein, stay the execution of the decision or order appealed against or sought to be revised.

(1) No appeal shall be preferred under section 10 after the expiration of thirty days from the date on which the decision or order appealed against was received by the appellant. (2) No application for revision shall be preferred under sub-section (1) of section 10-A after the expiration of thirty days from the date on which the decision or order sought to be revised was received by the applicant. (3) In computing the period of thirty days referred to in sub-sections (1) and (2), the time required to obtain a copy of the decision or order appealed against or sought to be revised shall be excluded. (4) Notwithstanding anything contained in sub-sections (1) and (2), the officer or authority concerned or the State Government may admit an appeal or application preferred after the period specified therein, if such officer or authority or Government is or are satisfied that the appellant or applicant had sufficient cause for not preferring the appeal or application within that period.

Every petition of appeal or application for revision under this Act shall be accompanied by the decision or order appealed against or sought to be revised or by an authenticated copy of the same.

Nothing in this Act contained shall be construed as exempting any person unauthorizedly occupying land from liability to be proceeded against under any other law for the time being in force: Provided that if any penalty has been levied from any person under section 5 or section 6-A of this Act, no similar penalty shall be levied from him under any other law in respect of such occupation.

Nothing contained in this Act shall be held to prevent persons deeming themselves aggrieved by any proceedings under this Act except as herein before provided, from applying to the civil courts for redress; provided that the civil courts shall not take cognizance of any suit instituted by such person for any such cause of action unless such suit is instituted within six months from the time at which the cause of action arose. The cause of action shall be deemed to have arisen- (a) in respect of any assessment or penalty, on the date on which such assessment or penalty was levied; (b) in respect of eviction or forfeiture, on the date of eviction or forfeiture. For section 14 of the principal Act, the following section shall be substituted, namely:— "14. Any order passed or proceeding taken by any officer or authority or the Government under this Act shall not be liable to be questioned in any court, in any suit or appeal, nor shall any injunction be granted in respect of any action taken or to be taken by such officer or authority or Government in pursuance of any power conferred by or under this Act. In the application of any rule, by-law, regulation or notification, made or issued under the principal Act, any reference to the Board of Revenue, unless the context otherwise requires, be deemed to be a reference to the Commissioner of Land Administration."

Every proceeding taken by a Collector for the recovery of any sum of money by way of penal or prohibitory assessment or charge from any person who has unauthorizedly occupied any land hereby declared to be the property of Government shall, if such sum has been recovered prior to the passing of this Act, be deemed to have been lawfully taken, provided that this section shall not apply to any suits pending when this Act comes into force in a Court of First Instance or in a Court of Appeal or affect the validity and operation of any decree or order already passed by a court of competent jurisdiction.

Nothing in this Act, save as provided in section 15-A, shall apply to any lands, claimed by right of escheat, or reversion until such lands have been reduced into possession by the State Government.

Where a lease of land which is the property of the Government expires or is terminated by the Government or any other authority competent in that behalf, the lessee or any other person remaining in possession of the land after such expiry or termination, or...

To The Officer in charge of the Civil Jail at Whereas A.B. of has resisted (or obstructed) C.D. in removing E.F. (or himself, that is, the said A.B.) from certain land in the village of in the taluk, and whereas it is necessary in order to prevent the continuance of such obstruction (or resistance) to commit the said A.B. to close custody, you are hereby required under the provisions of section 6 of the Tamil Nadu Land Encroachment Act, 1905, to receive the said A.B. into the jail under your charge and there to keep him in safe custody for days Dated this day of [Signature of Collector / Tahsildar / Deputy Tahsildar / Authorized Officer.]