REMOVAL OF ENCROACHMENTS ON LANDS OR BUILDINGS BELONGING TO RELIGIOUS INSTITUTIONS RULES

REMOVAL OF ENCROACHMENTS ON LANDS OR BUILDINGS BELONGING TO RELIGIOUS INSTITUTIONS RULES

PREAMBLE

In exercise of the powers conferred by sub-section (2) of section 116 read with sub-section (3) of section 79, sub-section (3) of section 80 and sub-section (3) of section 81 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), the Governor of Tamil Nadu hereby makes the following rules, namely:--

1. Title and applications.--

These rules may be called the Removal of Encroachments on Lands or Buildings belonging to Religious Institutions Rules.

2. Definitions.--

In these rules, unless the context otherwise requires,--

(a) "Act" means the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959);

¹(b) "encroached" means a person, who occupies unauthorisedly any land or building belonging to any religious institution wherever it is situated or any sacred tank, spring or water-course wherever it is situated and belonging to a religious institution, or any space within or outside the prakarams, mandapams, Courtyards or corridors of the religious institutions.

3. Form and service of notice.--

(1) Every notice under sections 78(2), 79(3), 80(2) and 81(3) shall be in Forms A to D in the Schedule to these rules and shall be served on the encroacher, lessee, licensee or mortgage, as the case may be, by registered post with acknowledgement due. A copy of the notice shall be communicated to the trustees of the institution also.

¹(2) In case of any refusal or evasion to receive the notice sent for service in the manner specified in sub-rule (1,) the notice shall be affixed on the front door or any conspicuous place of the residence of the person to whom the notice was sent. If the person has changed his residence, the notice shall be sent to the changed address, if it is known or a copy of the notice shall be affixed on the front door or other conspicuous place of the last known residence. In addition to the affixture of such notice in the manner specified above, such notice shall also be published by affixture in a conspicuous place of the property which forms part of these proceedings so as to complete the service. Such affixture shall be deemed to be sufficient notice to the persons concerned specified in sub-rule (1).

4. Contents of notice under sections 78 (3) and 80 (3).--

(1) The notice under sections 78(3) and 80(3) of the Act shall provide 30 days time for the show cause and 15 days time for making an order under sections 78(2) and 80(2) of the Act. ¹[The Joint Commissioner or Deputy Commissioner, as the case may be], may grant such further time as he deems fit.

(2) The notice shall specify the land, or space or building or the other details covered by the encroachment proposed to be removed as specified under section 78(2) of the Act and state the boundaries, with survey numbers, if any, extent and such other relevant particulars as may be necessary to identify the land.

5. Enquiries.--

The provisions of the rules issued under section 116(2)(iii) shall apply to the conduct of enquiries under section 78(4) to 81(3) of the Act and the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) and the Civil Rules of Practice and Circular Orders shall apply, as far as practicable, to appearance of pleaders and to affidavits, production of documents, examination of witnesses, taking of oral evidence, proof by affidavits, filing of exhibits, issue of Commissions, return of documents not admitted in evidence and other connected matters.

6. Issue of orders on removal of encroachments.--

Every order of the ¹[Deputy Commissioner, the Joint Commissioner] and the Commissioner regarding removal of encroachments, or termination of lease, licence, mortgage with possession, etc. shall be communicated to the trustee of the institution and the encroacher, lessee, licensee or mortgagee, as the case may be, by registered post with acknowledgement due. A copy of the order shall also be published on the notice board or any conspicuous place of the institution to which the property belongs and in any daily newspaper in the regional language having wide circulation in the locality. ³[In addition to the affixture of such orders in the manner specified above, such orders shall also be published by affixture in a conspicuous place of the property which forms part of these proceedings so as to complete the service].