The Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949

What the Act governs

The Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949 extends throughout the State of Tamil Nadu. It covers property used for educational purposes by a school, college or other institution managed by an individual, body or local authority.

The law concerns temporary government control, use, compensation, rent and return of that property. It can therefore affect educational institution managers, property owners, occupants, local authorities and other persons claiming rights in the property.

Government powers

Under the Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949, the State Government may:

• Take control of movable or immovable property used for educational purposes.
• Use or deal with the property for an educational purpose.
• Permit another person, body or local authority to use it, subject to rent, other payments and conditions specified by the Government.
• Require the permitted user to belong to the same religious denomination, if any, as the person or body from whom control was taken.
• Authorise inspection of immovable property and movable property kept there.
• Require information about the property.
• Temporarily prevent disposal, structural alteration or removal without government permission.
• Remove a person who remains in possession contrary to a takeover order, using the procedure described in the Act.

Duration of control

Government control normally ends after the academic year immediately following the academic year in which the property was taken over, unless it is relinquished earlier. The State Government may continue control for one further academic year by a written order published in the prescribed manner.

Tamil Nadu Act 46 of 1975 added a further power to continue control for up to three more academic years. This requires recorded reasons, a recommendation from the prescribed authority and publication in the prescribed manner. The amendment was deemed to have come into force on 8 September 1975.

Payments, appeals and return

For movable property, compensation and the person entitled to receive it are determined in the prescribed manner. For immovable property, rent is fixed by the District Collector, with government grants taken into account where applicable.

A person aggrieved by specified District Collector decisions may appeal within sixty days of communication. When control is relinquished, the Government may identify the person who should receive possession and publish a notice in the Tamil Nadu Government Gazette. The Act also authorises rules on compensation, damage, appeal procedure, court fees and costs.