Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Tamilnadu - Section

Section 27 in The Tamil Nadu Acquisition of Hoardings Act, 1985

27. Power to make rules.

(1)The Government may make rules for carrying out the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a)the procedure to be followed in arbitration proceedings and appeals under this Act;
(b)the principles to be followed in apportioning the cost of the proceedings before the arbitrator and an appeal under the Act;
(c)the manner of service of notices and orders;
(d)any other matter which has to be, or may be, prescribed.
(3)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.
(4)Every rule under this Act shall, as soon as possible after it is made, be placed on the table of [the Legislative Assembly] [Substituted for 'both Houses of the Legislature' by the Tamil Nadu Adaptation of Laws Order, 1987.], and if, before the expiry of the session in which it is so placed or the next session, [the Legislative Assembly agrees] [Substituted for 'both Houses agree' by Tamil Nadu Adaptation of Laws Order, 1987.] in making any modification in any such rule or [the Legislative Assembly agrees] [Substituted for 'both Houses agree' by Tamil Nadu Adaptation of Laws Order, 1987.] that the rule should not be made, the rule 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.The Schedule[See Section 5]Principles for Determining the Amount
(1)In respect of every hoarding, the amount to be paid shall be the market value of such hoarding as on the date of the commencement of this Act.
(2)In the case of any lease or licence in respect of the place where the hoarding has been erected or in respect of the hoarding itself, the persons interested shall be paid an amount equal to the income that would have been derived by them during the unexpired period of lease or licence, if the provisions of this Act had not come into force:Provided that where any such lease or licence has expired on or before the date of the commencement of this Act, the persons interested shall be paid an amount equal to the income that would have been derived by them for a period of one month if the provisions of this Act had not come into force:Provided further that in the case of any hoarding which has been erected on any land without the consent of the owner and the hoarding is in existence on the date of the commencement of this Act and where any lease or licence has been entered into in respect of such hoarding, no amount shall be paid to any person interested in such lease or licence, whether the period of lease or licence has expired or not.Explanation 1. - For the purposes of the second proviso, a "hoarding" shall be deemed to have been erected without the consent of the owner, if the consent of the owner though obtained initially, has not been expressly obtained in writing for the renewal of the lease or licence.Explanation 2. - For the purposes of the second proviso, "owner" includes any person deriving rights through him.