The Tamil Nadu Acquisition of Hoardings Act, 1985
The Tamil Nadu Acquisition of Hoardings Act, 1985, Act 39 of 1985, was enacted by the Tamil Nadu Legislature, received the President's assent on 31 July 1985 and was published by the Tamil Nadu Government in the Tamil Nadu Government Gazette on 2 August 1985. It provides for government acquisition of existing hoardings in notified local areas, payment to interested persons, and restrictions on the erection of hoardings by persons other than the Government or an authorised authority.
What the Act governs
The Tamil Nadu Acquisition of Hoardings Act, 1985 addresses the haphazard growth of hoardings, which the Act links to traffic hazards and accidents. Its stated purpose is to ensure that hoardings are erected only in convenient and selected places by the Government or authorities authorised by the Government.
The Act applies in a local area from the date appointed for that area by notification. It covers hoardings in public and private places. A public place includes a road, street, way or landing place to which the public has access, a right to resort or a right to pass.
Acquisition and payment
When the Act commences in a local area:
- Hoardings already in existence in that area, together with the rights, title and interests connected with them, transfer to and vest in the Government for a public purpose.
- The transfer is free from encumbrances.
- A person claiming an interest must prove that the hoarding existed on the commencement date if that fact is disputed.
- Every interested person is entitled to an amount for the vesting of the hoarding.
- The amount may be fixed by agreement. The Schedule refers to the market value of the hoarding on the commencement date as a principle for determining the amount.
Disputes and appeals
An interested person may challenge an award before a Tribunal. The Government may establish Tribunals, each consisting of one judicial officer not below the rank of Subordinate Judge.
Key appeal provisions include:
- An appeal must normally be filed within thirty days after the appellant receives the award.
- The Tribunal may allow up to a further thirty days where sufficient cause for delay is shown.
- When an appeal is filed, eighty per cent of the amount determined by the arbitrator must be paid within two months from the award.
- Any balance due under the Tribunal's order must be paid within three months from that order.
Who may be affected
Property owners, occupiers, advertising businesses, licence holders and others claiming an interest in a hoarding may be affected when their area is brought under the Act. The Act also restricts civil court jurisdiction over matters assigned to the Government, an arbitrator or an Authorised Officer, and provides penalties for contraventions, obstruction and unauthorised erection of hoardings.
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Common questions
Does the Act automatically acquire every hoarding in Tamil Nadu?
The Act provides for acquisition when it commences in a particular local area on a date appointed by notification. Hoardings existing in that area on that date vest in the Government.
Will an owner or other interested person receive payment for an acquired hoarding?
Yes. Every interested person is entitled to an amount, which may be fixed by agreement or determined through the process provided by the Act.
Can I appeal the amount awarded for my hoarding?
Yes. An aggrieved person may appeal to the Tribunal within thirty days of receiving the award. The Tribunal may allow up to thirty additional days if sufficient cause is shown.
Can a private person erect a new hoarding after the Act applies locally?
The Act is intended to allow hoardings to be erected only by the Government or authorities authorised by the Government. It provides penalties for contravention of its restrictions.
