The Chikkaiah Naicker College, Erode (Transfer and Vesting) Act, 2022
The Chikkaiah Naicker College, Erode (Transfer and Vesting) Act, 2022
1. Short title and commencement
- (1) This Act may be called the Chikkaiah Naicker College, Erode (Transfer and Vesting) Act, 2022.
- (2) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,— Definitions.
- (a) “appointed day” means the date on which this Act comes into force;
- (b) “college” means Chikkaiah Naicker College, Erode affiliated to Bharathiar University with land and buildings as specified in the Schedule;
- (c) “Commissioner” means the Commissioner appointed under section 6;
- (d) “Government” means the State Government;
- (e) “person interested” includes all persons claiming or entitled to claim an interest in compensation to be made
3. Transfer and vesting of college
On and from the appointed day, the college and the right, title and interest of the persons interested, shall stand transferred to, and vest absolutely in, the Government.
4. Effect of vesting
- (1) All properties of the college which have vested in the Government under section 3 shall, by virtue of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien or any
5. Transfer of certain employees
Transfer of certain employees. 5.
- (1) Every person, who immediately before the appointed day, is serving in the college shall, on and from the said date, become an employee of the Government.
- (2) Every
6. Appointment of Commissioner and Payment of compensation
- (1) Every person interested in the college, whose land and properties stand vested in the Government under this Act, shall be entitled to receive and be paid compensation as hereinafter provided. Every such person shall make an
7. Apportionment of amount
- (1) Where several persons claim to be interested in the compensation, the Commissioner shall determine the persons who, in his opinion, are entitled to receive the compensation amount and the compensation amount payable to each of them. (2
8. Payment of amount
- (1) Where the compensation amount is determined by agreement and recommended by the Commissioner to the Government, the Government shall pay such amount to the person or persons entitled thereto.
- (2) Where the compensation amount is determined by the Commissioner
9. Investment of amount deposited in court
Where any amount has been deposited in court under sub-section
- (3) of section 8, the court may either of its own motion or an application made by or on behalf of any party interested or
10. Claims to be made to Commissioner
Every person having a claim against the person interested shall prefer such claim before the Commissioner within thirty days from the appointed day: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days he may entertain the claim within a further period of thirty days but not thereafter.
11. Admission or rejection of claims
Admission or rejection of claims.
11.
- (1) On receipt of the claims, the Commissioner shall examine the same, and after examination, if he is satisfied with the genuineness of the claim, he
12. Disbursement of money by Commissioner to claimants
Disbursement of money by Commissioner to claimants. — After admitting a claim under section 11, the Commissioner shall recommend to the Government the amount of claim for payment. The amount due in respect of
13. Act to override all other laws
Act to override all other laws.
13. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any decree or order of any court, tribunal or
14. Contracts to cease to have effect unless ratified by Government
Contracts to cease to have effect unless ratified by Government.
14.
- (1) Every contract entered into by the person interested, for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the Government and in ratifying such contract the Government may make such alterations or modifications therein as it deems fit: Provided that the Government shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the college. (
15. Penalties
Penalties. 15. Any person who,—
- (a) having in his possession, custody or control any property forming part of the college, wrongfully withholds such property from the Government or any person authorised by the Government, in this behalf; or
- (b) wrongfully obtains possession of, or retains, any property forming part of
16. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government for anything which is, in good faith, done or intended to be done under this Act.
17. Delegation of powers
- (1) The Government may, by notification, delegate all or any of the powers exercisable by it under this Act, other than the power under section 18, to any person or persons. (2
18. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
19. Provided that no such order shall be made after the expiry of two years from the appointed day.
Commencement of notification and placing on the table of the Legislative Assembly
- (1) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, shall come into force on the date on which they are so published.
- (2) Every notification or order issued under this Act shall, as soon as possible, after it is issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in
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