Section 1948
: T.N. Act XIV] Aided Institutions (Prohibition of Transfers of Property)
1948 : T.N. Act XIV] Aided Institutions (Prohibition of Transfers of Property)
(b) if the land, or the land on which the building stands, did not belong to the Governmen
k direct the manager to repay in full the grant made by k dir
k e G e Government, or at their option, direct the Collector to take possession of the land and of the building, if any, standing thereon, in which case, the Government
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shall pay to the manager any amount spent by him or his predecessors-in-title from the funds of the institution for the purpose of acquiring the land and constructing or acquiring the building, if any, thereon.
(a) The manager of the institution in respect of which such an order is passed, not being a local authority, may, on the ground that the amount repayable- or payable by or to him has been wrongly fixed in the order, apply to the District Judge having jurisdiction over the area in which the property in question is situated or if the property is situated in the nresidency-town, to the Principal Judge of the Madras City Civil Court, for fixing such amount correctly in accordance with the provisions of section 3 (2) or (4), as the case may be.
(h) Such applical!on shall be nlade withjn ;ixly Jays from the date on which the nrdcr is cow municatcd to r h!: manager.
Thc Di\lricL or City Civil Court Judge shall
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building to
i vest in Gowmment absolutely on powsion being
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taken.
Recovery of
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sums due . u under Act.
Aided Institutions [I948 : T.N. Act XIV (Prohibition of Transfers of Property)
(1) When, in pursuance of--an order under section 4, the Collector takes possession of any laud or building by himself or throu~hanotber, it shall vest absolutely ia the l(Government) free from all encumbrances other than those existing at the commencement of this Act or created with the permission of the Government after such cornnlencement.
If the Collector or any person authorized by him in this behalf is opposed or impeded in taking possession of any land or building under this Act, he shall, if he is a Magistrate, enforce the surrender of sucb land or building to himself; and, if he is not a Magistrate, he shall apply to a Magistrate, or within the presidency-town, to the Conlrnissioner of Police, and such Magistrate or Commissioner shall enforce the surrender of the land or building to the CoIlctor.
Whoever opposes or inlp~des the Collector or any person authorized by him in taking possession of any land or building under this Act shall be punishable with imprisonment which may extend to six months or with fine which ntay extend to five thousand rupees or with both.
Any land or building \\?hich vests in the 1(Gover11ment) undcr sub-section (1) shall be used by the Government, so far cis may be, only for purposes similar to those for which it was being used before such vcsti ng.
Any sum rcyuircd to be rcpnid or paid to the Governmcnt in pursuance of scGtion 3, 4 or 5 may, without prc;jiidice to any mode of recovery provided in any otllor law for the time being in force, be recovered from thc properties of the institution or from the manager thereof as if it were an arrear of land revenue due from such institution or manager,
ui This word was substituted for the word " Crown by the Adaptation Order of 1950.
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l[7-A. (I) No -land or building referred to in Court not to section ? (1) shall be liable to be attached, sold, or made ~~~$t~U1 ~ubjecto a charge by any court whether in exemtion the PCof a decree or order of seeking such relief from ,permission of Government to do so Qnd files such permission in Court,
If any such land or building is attached or sold, or a charge IS created thereon by any court without the permission of #he Government having been obtained and fil~ asaforesaid or if any condi-
(1) The Gmmment may,
(a) the court-fees payable on the applications referred to in section 5, sub-section (2) ;
(b) the procedure to be followed in respect of such applications ;
(c) the payment of the costs incurred by the
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parties, in connexion with such applications.