The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, Act 29 of 1949
The State of Tamil Nadu enacted The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, Act 29 of 1949, effective from 1 January 1949, to control essential articles and allow the State Government to requisition or acquire property for purposes including supply, distribution and availability at fair prices. The law has been amended, and Tamil Nadu Act 10 of 1979 made it permanent; the supplied document identifies appended amendments 3 of 1958 and 10 of 1979.
What the law governs
The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 applies throughout the State of Tamil Nadu. It gives the State Government powers to regulate essential articles and to requisition or acquire movable and immovable property in specified circumstances.
The State Government may make notified orders dealing with matters such as:
- Prices at which essential articles may be bought or sold.
- Storage, distribution, transport, disposal, acquisition, use or consumption.
- Licences, permits and related fees.
- Withholding essential articles from sale.
- Sale of stocks at fair prices to specified persons or classes of persons.
- Commercial or financial transactions relating to essential articles.
- Stock declarations, business records, inspections and information.
- Processing of essential articles and control of existing undertakings.
Who may be affected
The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 may affect traders, businesses, stockholders and people involved in supplying, distributing, transporting or processing essential articles. It may also affect owners, occupiers and people possessing property that the State Government proposes to requisition or acquire.
Before requisitioning or acquiring property, the State Government may require information about it. The owner, occupier or person in possession may also be directed not to dispose of the property, structurally alter a building, or remove movable property without permission for the period stated in the order.
Property protections and acquisition
The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 provides that:
- Property used for religious worship cannot be requisitioned.
- Buildings used solely for residential purposes should not ordinarily be requisitioned.
- Requisitioned property may later be acquired by notice to the owner or, where ownership is unclear or disputed, by publication in the Tamil Nadu Government Gazette.
- On acquisition, the property vests absolutely in the State Government free from encumbrances.
Compensation and review
The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 requires compensation for property requisitioned or acquired. Compensation may be settled by agreement. If there is no agreement, the State Government must appoint the District Judge or Subordinate Judge with jurisdiction as arbitrator.
For movable property, the arbitrator considers market value. An appeal against the arbitrator's award lies to the High Court where the value in dispute on appeal is two thousand rupees or more.
The supplied copy was furnished by PRS Legislative Research for information and has not been independently verified. It advises readers to consult the relevant State department, latest government publication or gazette notification for authoritative text.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can the State Government requisition a house used only as a residence?
The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 says that buildings used solely for residential purposes should not ordinarily be requisitioned. It does not state an absolute prohibition.
Can property used for religious worship be requisitioned?
No. The Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 expressly provides that property used for religious worship cannot be requisitioned.
Will an owner receive compensation if property is requisitioned or acquired?
Yes. Compensation must be paid, either under an agreement or through an award by an appointed District Judge or Subordinate Judge where no agreement is reached.
Can a requisitioned property later become government property?
Yes. The State Government may subsequently acquire requisitioned property by serving or publishing the required notice. The property then vests in the State Government free from encumbrances.
