Section 8 in Tamil Nadu Land Encroachment Act, 1905
8. Power to make rules.
- [(1)] [The original section 8 was renumbered as sub-section (1) of that section by section 5 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).] The [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may make rules or orders either generally or in any particular instance-(a)regulating the rates of assessment leviable under section 3 [or section 3-A] [These words, figure and letter were inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).];(b)regulating the imposition of penalties under section 5 [or section 5-A] [These words, figure and letter were inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).];(c)declaring that any particular land or class of lands which are [the property of Government] [The words 'Crown property' were substituted for the words 'the property of Government' by the Adaptation Order of 1937 and the words 'the property of Government' were substituted for 'Crown property' by the Adaptation (Amendment) Order of 1950.] shall not be open to occupation;(d)regulating the service of notices under this Act [and prescribing the form of such notices] [Added by section 5 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).];(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;] [These clauses were added by the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).](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.[xxx] [The sentence 'Such general rules or orders shall be made only after previous publication' was omitted by the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).](2)[ All rules and orders made under this section shall be published in the [Fort St. George Gazette] [These sub-sections were added by the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).] and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they (sic) 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 [the Legislative Assembly] [Substituted for the words 'both Houses of the Legislature' by the Tamil Nadu Adaptation of Laws Order, 1987, which was deemed to have come into force on the 1st November 1986.] and if before the expiry of the session in which it is so placed or the next session, [the Legislative Assembly agrees] [These words were substituted for the words 'both Houses agree' by the Tamil Nadu Adaptation of Laws Order, 1987, which was deemed to have come into force on the 1st November 1986.] in making any modification in any such rule or order or [the Legislative Assembly agrees] [These words were substituted for the words 'both Houses agree' by the Tamil Nadu Adaptation of Laws Order, 1987, which was deemed to have come into force on the 1st November 1986.] 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.
