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Section 5State of Tamilnadu- Act Act

Section 5: Liability of person unauthorisedly occupying land to penalty after notice

Liability of person unauthorisedly occupying land to penalty after notice.

- [Any person in any area other than the transferred territory liable to pay assessment under section 3] [Substituted for the words and figure 'Any person liable to pay assessment under section 3' by of the Tamil Nadu Land Encroachment (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1996).] shall also be liable, at the discretion of the Collector, [or subject to his control, the Tahsildar or Deputy Tahsildar] [These words were inserted by section 2 of the Tamil Nadu Act VIII of 1914.], to pay in addition by way of penalty-

(i)

if the land be assessed land, a sum not exceeding five rupees or, when ten times the assessment payable for one year under section 3 exceeds five rupees, a sum not exceeding ten times such assessment:
Provided that no penalty shall ordinarily be imposed in respect of the unauthorized occupation of such land for any period not exceeding one year;

(ii)

if the land be unassessed, a sum not exceeding ten rupees, or when twenty times the assessment payable for one year under section 3 exceeds ten rupees, a sum not exceeding twenty times such assessment.

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