The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949

The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 Act 29 of 1949 Keyword(s): Essential Article, Notified Order, Undertaking Amendments appended: 3 of 1958, 10 of 1979 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 74 Essential Articles Control [1949: T.N. Act XXIX and Requisitiot ling commerce therein and requisitioning of property 3 It is hereby enacted as follows :--- : i e [ n S t h a o n r d t t c it o t1 rn e* .- 1. (I) This Act may b.: cal1:d thc 2 6 i l * N * a du * l nent] Essenl is 1 Articles Control and Requisitioning mencer 8[ Act, 1949. (2) It ~xtcrrdst o thc wholc cf the 4[Statc of Tamil Nad u 1. 9 * * * * * * " (3) It sha*l l * c * c me into f * br * cz * a I t once 1T hese words were substituted for the words "Short title, extent, commencement and duration" by section 4 (i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1979 (Tamil Nadu Act 10 of 1979). a These words were substituted for the word "Madras" by the Tamil Nadu Adaptat~ono f Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. a The brackets and words "(Temporary Powers)" were omitted by section 4 (ii) of the Tamil Nadu Essential Articles Control and Rauisitioning (Temporary Powers) Amendment Act, 1979 (Tamil Nadu Act 10 of 1979). Q This expression was substituted for the t xpression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amend- ment) Order, 1969. GThis subeection was substituted for the original sub-section (3) as subsequently ame~dzdb y section 2 of the Tamil Nadu Essential Articles Control and Rqquisitioning(Temporary Powers) Re-enacting Act, 1956 (Tamil Nadu Act V11 ot ~9301. 3amiJ Nadu Act VI of 1956 was deemed to have come into force on the 26th January 1956. 6 The words, fig lres and letters "and shall remain in and inclusive of the 25th January 1979:' were omitted 4 (iii) of the Tamil Nxdu Essential Articles Control a tioning (Temporary Powers) Amendment Act, 1979 (Tarni 10 of 1979). The life of this Act had been extended fro to time by Tamil Nadu Acts IU[ of 1958, 2 of 1%3,4 of 1966, 1966,20 of 1967.1 of 1969 and 9 of 1974 ; and this Act was permanent by Tamil Nadu Act 10 of 1979. -- - :T N. Act XXIX] Essential Articles Control and 75 Bequisitioning I 2. In this Act, unless- there is ,anything repugnant Definitioro. ia the subject or context- (b) "notified order" means an order notified in the *Fort St. George Gbtettc- , (c) "undertaking" means any undertaking by way of any trade or busin~ssa nd includes thr occupation of handling, loading clr unloading goods in the course of *Now the Tarnil Ndu Government Gazette, 76 Bsential Articles Control and [1949: T. N. Ad ]EXIE kguisitionhg (b) for controlling the prices at which any essential article may be bought or sold ; (c) for prohibitirg or regulating by licences, permits, or otherwise the storag-, distribution,transport, disposal, acquisition, use or consumption of any essential article ; (d) for prohibiting the withholding from sale of any essential articlc. ordinarily kept for sale ; (e) for requiring any person holding stocks of an essential article to sell them at fair prices to spcified persons or class of persons or in specified circumst rtnces i (f) for regulating or prohibiting any class of commercial or financia.] transactions relating to any essen- tial artice, ,:hich in the opinion of the l[State] Govern- ment are, or if unregulated are likely to be, detrimental to the public interest ; (g) for collecting any information or statistics with a view to regulating or prohibiting any of the afore- said matters ; (h) for requiring pxsons engaged in the %[ suqply or distribution of, or trade or commerce in, any esiential article to declare their stocks of essential articles, to maintain and allow inspectic n of or produce for inspec- tion any books, account5 and records relating to theh business, and to furnish any other information relating thereto (0 for regulating tho praoessing of any -sentfat article I (j)f or exercising over the whole or any part of an eltisting undertafdng, such functions of control and subject to such conditions, as may be specified in the order 8 (k) for ally i including n par titular 1 vehicles, vessels aa.d authorized to make 8x1 1T his word was subst Adaptation of TAWS Order, 1950. a The word ''production' Madras Essential Articles C Powers) Amendment Act, 1 I - - : T. N. Act XXIX] ~rsentiaAi rticles dmtd a d 94 Requisitioning rson has reason to believe that a contra- der has been, is being or is about to be ant or issue of licences, permits or other ging of fees therefor. )1 tcl Government*i t is Powers of r.intaining, increasing requisitioning rticle or f ~arrra nging and acquisition. and availrbilit y at fair prices e] Government may, 5y n y proptrty, -1rable or ., such further orders as appear expedient in connexion with Provided that no property used fjr the purpose of religious worship shall be requisitioned under this section: Provided further that buildings solely used for resi- dential purposes shall not ordinarily be requisitioned. nmen t have requisitioned on (I), they may use or deal manner as may appear to them acquire it by serving on the wner is not read.ily traceable pute, by publishing in the notice stating that the l[State] to acquire it i n pursuance of cquisition is served. on the is published inthe *Fort St. c!), rge Gazette, under suoae~t:iion t hm , a t the beginn- ing of the day on which the notice is sc served or publis- hed, the property shall vest absolut.:ly inthe L[Statt] Government free from all encumbranczs and the period of requisition thereof shall end. 1This word was substituted for the word Provincid" by " the Adaptation of Laws Order, 1950. tainingr or increasingl tbe re omitted by section, 5 of Requisitioning (Temporary ras Act Xl[LT of 1952). w the TbmU Nadu Govemmctnt Gazette. I Reqisit wning * * * *I * I Payment 5. ' - nponsatia e[(l)] Whenever in pursuance of section 4, any $bovab le or immovable property] is requisitioned or acquired, there shall be paid compensation determined in the manner and in accordance with the principles herein- after set out, that is to say,- (a) where the amount of compensation can be fued by agreement, it shall be paid in accordance with such agreement.; (b) where no such agreement can be reached, the ?State] Government ahall appoint; .as arbitrator, the District Judge or Subordinate Judge having jurisdiction over the area 6[in which the movable property is requisi- tioned or acquired orJ in which the immovable property is situated, J3~plawtion.-Por the purpose of this 'clause, the expression "District Judps' includes a Judge of the Madras City Civil Court. (c) At the commencement of the prowdings before the arbitrator, the *[State] Government and the person to be ~c~mpensateshda U state what in their respec- tive opinions is a fair amount of compensation. '[(d) The ar bitrat or in making his award shall have regard- (i) intbe oaseof movable property, to its markrt 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 of applicable and to tho fact wh~therth e acquisition is of a permanent or temporary character : 1 This sub-section was omitted by section 3 (i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1953 (Tamil Nadu Act XVIU of 1950). 8 Sub-section (2) was re-numbered as subsection (1) by ibfd. 8Thtuc vords were substituted fgr the words "immuvabla pA,& rty" by section 3 (ii) (a), ibid. 'This word was substituted for the word "Provincial" b~ tb Adaptation of Ldws Order, 1950. 5These words were inserted by section 3 (ii) (b) of the i.alxlil Nadu Essential Articles Control and Req~Jsitioning( T ~ m p ~ r ~ ~ Powers) ~mendnentA ct, 1950 (Tamil Nadu Act XVUI of 195C). 6This dausa substituted for original clause (dl by swtbc 3 (ii) (c), ibtd, . ... # 1949 : T .N.A ct WUX] Essential ~ ri& t controi ?g and Requisit rbning Provided that where any property requisitioned is su hequent ly acquired, the arbitrator, in any proceedings in conncxion with such acquisition, shall, for the purposes of this clause, take in to considerat ion the market value of the property at thc date of the requisition as aforesaid and not at the date of its subsequent acquisition.2 (e) An appeal shall lie to the High Court against theaward of an arbitrator where the value of the sub- ject-matter in dispute in appeal is two thousand rupees and above. .Explanation.-I n the case of periodical payments the value of the su bject-matter in appeal shall be deemed to be five times the amount in disput : calculated for one year. (f) Save as provided in this sectionand in any rules made unaer this Act, nothing in any law for the time being in force relating to arbitration shall Lapply to arbitrations under this aection. '[(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 sptcified in the order such information in his possession relating to tha property as may be so specified 8 (b) direct that the owner, occupier or person in possesion of the property shall not, without the per- missionof the 2[State] Government, ~~SPOP o L f : i t Or where the ~opertyis a bmlding, structurally alter, it or where the property is movable, resove it from the premises in which it is kept, until the expiry of such qeriod - as may be specified in the order. 6. (1) Wh~rea ny property requisitioned under this Release from Act is to be :eleased from such requisition the P[Stste] Government or any person generally or specially authcri- zed by them in this behalf, may, after such inquiry, if any, as they or he may in any case consider it necessary 1 Original sub-section (3) was re-numbered as sub-section (2) ' by section 3 (i) of the Tamil Nadu bssmtial Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tail Nadu Act XVl[II of 1950). 2 This word was substituted for the word "Provincial" by &g Adaptation of Laws Order, 1950. 82 Essential Art ides Contr.o l [I949 : TON* Act X X n - . I I and Requisitioning S i . . -W-t ...,:km Y .L -' o m f o t d h i i f s i e A d c t b ; y a n t d k a c l o l m ap p p e o te in n t t m au en tb ts o m ri r t . y d u e n ,l d ic e e r n t c h e e s o p r r o p v e i r s m ion it s s L.e, A:- ' issued, regula~ionsm ade and diiections given uder any - - such ofder shall also continue in force until supersQd 0; modified by t he competent aut hot ity . , . I Explation.- In t his su b-sectio n, "Official Gszette" a means, end shall be dtemeci alwdys to have meat, the . . Gazette ~ZTndiat, b Fort St. George Gazette*or any District Gcs-tte published i3 the l[StRte -of Tamil N?.du$ . (2) The YStatc) Gover.nment may, if they consider it en*'edieots o to do,fro mlime to time, modify or annul any order,~ppointment,licenm,permil,re(~ulirlior:odrir eclion upeci fied in su b-seci ion (1). 10. Any order made u nder sect ic n 3, section 40r section *. 7 or continued under sect ion 9 shall have eflect notwit h- inconsislent thercwir h conlaincd in any . an this Act or in any instrument having-! oi any enadmcnt other than this .Act:*! Every aut hor it y or o fficer who ma kes any q su $nee of any of 1 he provisic ns of thi case 3f an order :of rr general nature affe pc blishhs uch orc er by a not i fica 1i o byru les m&deu nder this be opinion of such ~uthorityo nfor ming t he per sons whc m t Where the order is not of ~fficer serve the ord son concerned- nally by'delivering ce tc ndei~r g p. * @ 2 * i " s substituted for the Adaptation of il Nadu Adaptation ~f I * word* was substituted for the word on of Law8 Order, ,1950, . - .. . , where the per son cannot be found, by leaving copy of the crder. with some adult male his family or by affixing it to any part of the which he is known- to have last residtd or usine ss cr per sonally wor kt d for gain. sion of tllis Act empowers an action by notified order the, shall not apply in relation to ravenes any order made under Pet-a lties. [State] Govcrnmeilt : here the contravention is of an order I to an essential ar tide which contains an express n in this behalf, the C~urts hall make such, asons to be reccrd~din writing, it is ecticn should net bz made in respect e or, as the case may be, a part sf the property. L . .'.. :., , ,- Where any essential article is s~izcdu nder the a'.: .- ., , em of an order madc under this Act continued 31 -- -- ". I*.n "Provincial" by the * . 88 ErsentiuZ Articles Control and El949 ,. . - .- Bequisit ioning (b) onor after thc 1st October 1948 und I vision of the said Act or of the said Act as amended by Madras Act 1 of 1949, on the footing that the said Act or the said Act as so amended was in force at the relevant time, or - (c) under any provision ofth e said Act as appted to '[the State aforesaidj on the footing aforesaid, or . ij (d) uncle1 any provison of the said ~rdinance, ' shall be dekmmd to have barn incurred, awarded, or corn- • menced under th-. corresponding prosision of this Act. . ' bdrwnity for 21 (1) No suit, prosecution or other legal proceedin$ ' ' etc*r shall lie i n any Cuur t against any officer or servant,o f the".' . darfss[State] Government or any person acting under his. . mm ~adlrectiono r aiding or assisting him- m o f " # ' 1948. (a) fororo,r on account of, or in respect of, any sentence passed, or any s t ordered or dcne by him in exercise of any jurisdiction or power purporting to have , : been oonferred 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 3[the Pudukottai State] 4[under the Foreign . Jurisdiction Act, 19471, or -. - *., - i . (b) for carrying out any sentence passed b' y Ya ny -I? f.,ZV . ., *. . Court in exercise of any such jurisdiction or power as q suit or pt her legal proceeding shall lie agaihst Government for; or on account of, in ny acr, matter *ort hing.whatsoevm, pur&~iag n d() n: in pursuance of or under the's& "ct AC as amended as aforesaid or the said'"&t: .. to I[the State aforesaid]. "l%esg words wen substituted for the w aforesaid" by section 2 of, and the Schedule to, the . ; . :ti04 of Laws Order, 1954. , 'This wcrd was substituted for the word , 66 Adap'tation of Law$ Ordeh 1950. words were substituted f& the war a~al!eS tates': by section 2 of, and-t s-Adaptationo ? Laws Order, 1954. by section 4 of, and t ~alinga nd ~ & ~ ~ d i ~ ~ .-.. . - " 762 &sential A rticlrs Control and [I958 :T . N. A& Requi@ioning (Temporary Powers) Arnejull)zm at '[TAMIL NADUJ ACT No. lT[ OF 1958? ' [THE' [TAMILN AUIIE] SSI~NTIAALR -TIC!LECSO NTROALN D REQUISITIONIN("GTE MPORARY POWERS) AMEND&ISNATC T, 1958.1 [Received the uxset~to f the Presiderrt on the 20rA March 1958 ; Jirst publisizetl itz the Fort St. Qcorge Gazette Extraordinary, on the ?l,lrl Mnrclt 1958 (('ilcrit~a1, 1880).] An Act further to amend the '[Tamil Ys411.l Essential Articles Control and lbquisitiouing (Tcmy orary Powers) Act, 1949 and to e~tendt hat Act to tile transferred territory in tlrc :[State of Ta~uir 14:-rttu]. WHEREASit id ex~)rciientf urther to amellti the l[Tainil Nadu] Esseoi ill1 i\~-itc lcs Coiltrol and ~eouisitionilly (Temporary Powers) Act, 1949 ('[Tamil Nadu] Act XXIX of 1949). for [he purpose hereinafter appearing and to extcnd that A(:L the transkrrcd territol-y in the ff) 3[State of Tanlil Na:!a! ; BE it enacted in the Ninth Ycar of' the Rcpublic of - India as follows : . I Short title. 1. This kt in;ty hc c;;~llc?dth e "i['T;tnlil Nad~i]E ssential Articles Con! rvl and Requisitioning (?'e~~lpora:-yP owers) Amendment Act, 19%. " Amendment 2.1nsectio111,sub-section(3), of tlte l[TailrilNadu] of section 1 Essential Articles Control and Requisitioning (Temporary 9 Nadu Powers) Act, 1949 (JrTsmil Nadu] Act XXlX of 1949), Act] XXIX of 1949. for the words, fisures und letters "the 25t t~ January 195S5', the words, figures and letters " the 25th January 1963 ?' shall be substituted, ----- - -- - - - - - -- - - -- -. - --- - -- -- - - .- - - T;,-,e words were s~ibstitgtedf or the word Madra ysb" ' the " Tamil Nadu Adaptation cf Laws Order, 1969, a5 amended by lhe Tamil Nadu Adaptation ol' Laws (Second Amendment) Order, 1969. 2 For Statement of Objects: and Reasons, see Lort St. George Glrzette Extraordinary, dated r!lc 10th &larch I 958, Part I V-A, page 127. 3 This expression was siibstituted for thc cxpt.cssio~"~ State sf Madras" by the Tamil N;:du Ada~:ationo f Laws Order, 1969, as amended by the Tamil Nadu Adaptation OF Laws {Second Amend- ment) Order, 1969. 4 This expr(5ssion was substituted for the expression " Madra Act" by the Tamil Nad~A daptation of tacts Order, 1970, . d- c- 6fl - , (3) Tile repeal by sub-section (2) of the correspond- ing law shall not affect- . - - I . Articles Cotltrol and [ 1958: T.N. Act 11l ing (Tenlpotary Powers) Amendment Unless the context otherwise requires, the neral Ciauses Act, 1 891 (l[Tarnil Nadu] shall apply for the intorprccation of tht ended to, and in force in, the: transferred (6) For the purpose sf facilitating the application of the said Act in tile tran!:ferred territory, any court or other authority may construe :kc :.3:d Act with such alterations not affecticg the substance as may be necessary apt it to the matter beforc the court or .+ . I (7) Any reference i11 the said Act to a law which is not in force in the transferred territory shitll, in relation to that territory, be construed as a reference to the law, if any; in force in that territory corresponding to the law - referred to in the said Act. . I (8) Any reference in any law which continues to bc ' force in the transferred territory after the commence- ill ment of this Act to the corresponding law shall, in relation to that territory, be construed as a reference to the said ' Act or as the case lnay be, to an order duly made under the said Act. Explanation:--For the purpose of this section, the expression " transferred territory " shall mean the Kanya- kumari district and the Shencottah t aluk of the Tiruaelveii district, ' 4. The *?rdrasE ssential Articles Control and Roquisi- Repeal, tionirz (Temporary Powers) Amendment Ordinance, 1958 (Madras Ordinance If of 1958), is hereby repealed. *----.; 1 ~hesew ords were su5stilutcd for the word " Madras " by the . Tamil Nadu Adaptation of Laws Order, 1969, as a~nendedb y the du Adsptation of Lam (Second Amendmat) Ordtr, 1969. . , . . - a , '"'"7' 376 - &cnt!ai Articks Controt and 11979: T. N. Acl 16 Requisitioning (Temporary Powers) Amendment TAMIL NADU ACT NO. 10 OF 1979.* THE TAMIL NADU ESSENTIAL ARTICLES CONTROL AND REQUISITIONING (TEMPORARY POWERS) AMENDMENT ACT, 1979. [Received the assent of the President on the 21st March 1979, .first published in the Tamil Nadu Government Gazette Extraordinary on the 22nd March 1979 (Panguni 8, Kalayukti (2010-Tiruvalluvar Aandu)).] An Act further to amend the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949. BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows :- 1.This Act may be called the Tamil Nadu Essential short ti;le. Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1979. 2-4. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Tamil Nadu Essential Articles Control and Requisi- tioning (Temporary Powers) Act, 1949 (Tamil Nadu Act XXIX of 1949).] Construction of 5. Any reference to " Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act" in f ~ ~ ~ ~ ~ u any Act or in any rule, notification, proceeding, order, Essential Articles Control regulation, by law or other instrument made or issued and under such Act shall be construed as reference to "Tamil Requisitioning Nadu Essential Articles Control and Requisitioning Act". (Temporary Powers) Act". 1 Repeal. 6. The Tamil Nadu Essential Ar icles Control and Requisitioning(Temporary P0wers)Amendment Ordinance, 1979 (Tamil Nadu Ordinance 4 of 1979), is hereby repealed. I - W*' ' F ' o ' r Statement of Objects and Reasons, see Tamil Government Gazette Extraordinary, dated the 22~dF ebruary 1979, Part IV-Section 1, Page 3%