Section 20 in Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
20. Chapter not to apply to certain vacant lands.
(1)Subject to the provisions of sub-sections (2) and (3) nothing in this Chapter shall apply to any vacant land held by-(i)the Central Government or any State Government, or any local authority or any corporation established by or under a Central or Provincial or State Act or any Government company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956):(ii)any military, naval, or air force institution;(iii)any bank;Explanation. - In this clause, "bank" means any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949) and includes-(a)the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);(b)the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);(c)a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);(d)a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);(e)the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948 (Central Act 15 of 1948), the Life Insurance Corporation of India, established under the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956), the Unit Trust of India, established under the Unit Trust of India Act, 1963 (Central Act 52 of 1963), the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964), the Industrial Credit and Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the State Government may, by notification in the Tamil Nadu Government Gazette, specify in this behalf;(iv)any public charitable or religious trust (including wakf) and required and used for any public charitable or religious purposes;Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust.Explanation. - For the purposes of this clause,-(1)"public charitable or religious trust", means a trust for a public purpose of charitable or religious or of an educational nature and includes-(i)any charitable or educational institution of a public nature; and(ii)any temple, math, mosque, church or other place by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship;(2)"charitable purpose" includes relief of the poor, medical relief and the advancement of any other object of general public utility, not involving the carrying on of any activity for profit;(v)any co-operative society, being a land mortgage bank or a housing co-operative society, registered or deemed to be registered under any law relating to co-operative societies for the time being in force:Provided that the exemption under this clause, in relation to a land mortgage bank, shall not apply to any vacant land held by it otherwise than in satisfaction of its dues;(vi)any such educational, cultural, technical or scientific,-(i)institution; or(ii)club;not being a Corporation established by or under a Central or Provincial or State Act referred to in clause (i) or a society referred to in clause (vii) as may be approved for the purposes of this clause by the State Government by general or special order, on application made to it in this behalf by such institution or club or otherwise:Provided that no approval under this clause shall be accorded by the State Government unless the State Government is satisfied that it is necessary so to do having regard to the nature and scope of the activities of the institution or club concerned, the extent of the vacant land required bona fide for the purposes of such institution or club and other relevant factors;(vii)any society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or under any other corresponding law for the time being in force and used for any non-profit and non-commercial purpose;(viii)a foreign State for the purposes of its diplomatic and consular missions or for such other official purposes as may be approved by the State Government or for the residence of the members of the said missions;(ix)the United Nations and its specialized agencies for any official purpose or for the residence of the members of their staff;(x)any international organisation for any official purpose or for the residence of the members of the staff of such organisation:Provided that the exemption under this clause shall apply only if there is an agreement between the Government of India and such international organisation that such land shall be so exempted.(2)The provisions of sub-section (1) shall not be construed as granting any exemption in favour of any person, other than an authority, institution or organisation specified in sub-section (1), who possesses any vacant land which is owned by such authority, institution of organisation or who owns any vacant land which is in the possession of such authority, institution or organisation:Provided that where any vacant land which is in the possession of such authority, institution or organisation, but owned by any other person is, declared as excess vacant land under this Chapter, such authority, institution or organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government on the same terms and conditions subject to which it possessed such land immediately before such declarations.Explanation. - For the purposes of this sub-section, the expression "to possess vacant land" means to possess such land either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.(3)[ Notwithstanding anything contained in any law for the time being in force,-(a)no public charitable or religious trust (including wakf) referred to in clause (iv) of sub-section (1) holding any vacant land in excess of the extent of land which excess land such trust would not have been entitled to hold but for the exemption under this section shall transfer any such excess land or part thereof by way of sale, mortgage, gift, lease or otherwise and any transfer of such excess land or part thereof in contravention of the provisions of this clause shall be null and void;(b)if, at any time, the land held by such public charitable or religious trust (including wakf) referred to in clause (iv) of sub-section (1) ceases to be required and used for any public charitable or religious purposes, the provisions of this Act shall, with immediate effect, apply to such land and accordingly any vacant land in excess of the extent of land which excess land such trust would not have been entitled to hold but for the exemption under the said clause (iv), shall be acquired by the Government in accordance with the provisions of this Chapter:Provided that the expression "commencement of this Act" in this Chapter shall be construed as the date on which the land ceases to be required and used for any public charitable or religious purposes.] [This sub-section was substituted for the following original sub-section by section 2 of the Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1979 (Tamil Nadu Act 14 of 1979), which was deemed to have come into force on the 17th May, 1978.]
