Tamil nadu act 025 of 1978 : Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978

Section 1. Short title

1. Short title.- This Act may be called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978.

Section 2. Declaration

2. Declaration.- It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles laid down in Part IV, and in particular clauses (b) and (c) of article 39, and article 46 of the Constitution.

Section 3. Definition

3. Definition.- In this Act, "principal Act" means the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), as subsequently modified.

Section 4

4. [The amendments made by this section have already been incorporated in the principal Act, namely, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961).]

Section 5. Certain provisions of Tamil Nadu Act 7 of 1974 not to have effect

5. Certain provisions of Tamil Nadu Act 7 of 1974 not to have effect.- (1) Notwithstanding anything contained in the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act 7 of 1974) (hereinafter in this section referred to as the 1972 Act) or in any judgment, decree or order of any court or other authority, sub-section (2) of section 3 of the 1972 Act shall be omitted and shall be deemed always to have been omitted and accordingly the modifications made to section 18 of the principal Act by the said sub-section (2),-

(a) shall be deemed never to have been made and the provisions of the said section 18 of the principal Act as they stood prior to the said modifications shall continue in force and shall be deemed always to have continued in force; and

(b) shall be deemed never to have had the effect of vesting in the State Government, the surplus lands specified in any notification published under sub-section (1) of the said section 18 of the principal Act on or after the 2nd May, 1962 and before the date of publication of this Act in the Tamil Nadu Government Gazette, from a date earlier to the date of the publication of the notification under the said sub-section (1) and shall be deemed always to have had the effect of vesting in the State Government such surplus lands, only with effect from the date of the publication of such notification.

(2) Anything done or any action taken under the principal Act in pursuance of the provisions of sub-section (2) of section 3 of the 1972 Act, shall be re-opened and determined in accordance with the provisions of the principal Act, as modified by this Act.

Section 6. Vesting of certain surplus lands and validation

6. Vesting of certain surplus lands and validation.- Notwithstanding anything contained in any judgment, decree, or order of any court or other authority,-

(a) where before the date of publication of this Act in the Tamil Nadu Government Gazette, a notification under sub-section (1) of section 18 of the principal Act has been published, the surplus land specified in such notification shall be deemed to have vested in the State Government, with effect from the date of such publication only, and accordingly the provisions of the principal Act, as modified by section 4 of this Act, shall for all purposes apply and be deemed always to have been applied in respect of such surplus lands so vested; and

(b) all acts done and proceedings taken by any officer or authority under the principal Act, on the basis that compensation in respect of surplus lands referred to in clause (a) shall be payable only according to the rates specified in Schedule III of the principal Act, as in force on the date of publication of the said notification, shall, for all purposes be deemed to be and to have always been validly done or taken in accordance with law, as if section 4 of this Act had been in force at all material times when such acts or proceedings were done or taken.