Tamil Nadu act 058 of 1961 : The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

of 11961 : T.N. Act 5

,'^i' 1"

THE TAMIL NADU LAND REFORMS (FIXATION OF CEILING

ON LAID) ACT, 1961.

ARRANGEMENT OF SECTIONS.

CHAPTERI.

SECTIONS.

1. Short title and extat.

2. Act not to apply to lands Lid t:. oxiaing religious institution or religious

trust of public nature. 4 t

3-A. Certain special rfeWtiom,

3-Be Certain special definitions; 3-C. Certain special definitions. 3-D. Certain special definitions.

3-E. Certain special definitiom.

4. Act to override other laws, contract&, etc.

FIXATION OF CEmo ON LAND HOLDINOS4

5. Ceiling area.

6. Basis of calculation of the extent of land held by the f ~ n d c r of a public trust.

7. Ceiling on hol- land.

. 8, ,~b.-;thing of return by person holding land in excnr of 15 standard acres. .

9.' collection of information, - Y *

10. preparation nod publication of draft statement as regards land in oxass et;

the ceiling area

11. Auth0rizt.d officer to .J.oide question of title in certain cases.

12. PubHctttioa of h I statemsnt.

13. @xclusion of aadn land from calculation of &ling area.

1

16, .p-,on of ,land held, by pew mgagl:e to revert rndi&d&ih &tiw -s. ^{8 I, .L} --- 5^'.

-, .{it,. " , # $ i s 'F ' I ! @ * ! & . Y

of lana hcld.*by tenant,to revert to thelaadomer in certain -8. t i g t t 4 ~ - + , ' i J t r ? . + ~.i$fifX: ko t + i c 'c 8 . . - I > t . ! . j .-.< .. - i8. ' ~ @ & i t i a of surplus land. , " I! fl*?, .">',. , f^'

!P, I&A. Direction by Land' Cbnihis"si8~~r.' , : , - .!. -

i ^f " 1:

, 1843. Power of Gdrnment to modifk notification under section 18(i) consequent

on -i~01 uudm 6~:d01115. ^'<

b# , 184. p&er of ~ o v h m L a t to d l br modify notification under sektion 18(1) in certain -. i , ,

1843. Land not to have vested in certain cases.

18-E. Veging of land newly included;

18Fi Amount payable by persons in pcwsession of the property vested ir. the

Government.¹

CHAPTER IU.

> : 1 r 4 1 " , s 1 , r 6 ' , * cs-i oN NTURa AoQ-IoN A m wsmIcmoN ON CERTAIN TR*Ns*ms.

2

. -^.L_ & : :.

u n d ~e for& (&ation af [1961: TN. Act 58 Cei'ing on'zand)

SECTJONS.

M ~ ~ ~ f i a i ~ ~ to the Board fcr future acquisition. of land int~rs~ened or cotaiguous to any nufantatim*

31 ~ & i ~ i ~ ~ oi ~ ~ ~ d ' ~ ~ ~ ~ d in respect of land i11ters~e"ed a v n i " co~tiWous to any plantation. 3 ,.

iL Matters to be wMid$i'd by th: Land Board in grahting or refusing ~ e r d s s l ~ n

unde;ection 31. I , .

33. Canmllation of permission ganted under section 3l* ! ...

34. D~is ion of the Land Board to be 0 ) , ( b ! - 1 ., .

' 35.' Me&in@ of the Cahd Bohd* .. ( . 1^{. '1' ' &" . '9} i

P%!P ewer of^BOS~t~ rectify- I , bey fide" $stakes ~4 Cl5!i?al eE!TY:< . , 1 + \ J. 37, ~d of and m r d r ,ot to be invalidatsd by informdit~. * 1

* f: 'J , I , . , , f^jj kt '¹: 'P&d ,

! ,

*data Commdal undertaking to apply to Government for Per- ' I t $ 1 miss iod~ bold cxw land. - - 7 ' - , , * : , t 4

. CHApTeR V. (Omitted.) ' . " -^, , . * .t . ' 'i'iji ~i . : s .i:-;*; t ,

38.--49. I . (Onu'tf~d)* , , t ' 1 , , . : . f . C$U,FfER VI* ^... , , 1 f < f" i: , .{? . * ' . ' . <- , ' ,

AMOUNT, PAYABLE FOR LAND A w F D * 4 . . i ' '

. i * # ! 1 . + , . .

50. mtermioation 01 anwunt for Land acquired by the Govern* ex*. - ' ; ' , I 1

.age0 or chargsholder on surplus land.^; 51. Claim bf mortb^,J

. .

5~ a a i m of Limited owner on ~ ~ r B l u s land*

, ,

9, of reaintenanmbholder on S^UCP~~Sbid* *

. . , r ,. ' , - .,.3 Il(,i;:.'f??LC f .. ' 9. ~ ~ ~ n t payak la to mrtain tenants. I .

, . . . --r , I . ; .'

55. Mode of payment of amount.

3

I

k 1961 : T.N. Act 58) Reforms (Fixation of 961

- - . , a -, .' . . : i s 1 * e j

I , I

" COIiirg on- Land)

. :k; 3 + % - .

SECTIONS.

56. Survey of lands in the transferred territory.

57. Manner of eff~cting r jell j~ a, 1 s3ttlelnent,,

58. Appoi~ltment and [functions oS ,Slefllemeat Qfficers. s , .

58 A,, Ryotwari settlement to se'efted under,,'ramil NaPu Act ,30 of 1964 in

in certain cases.

CHAPTER VIII.

! ; ;i 4 iit'?',! CULTIVATING TENANT'S CEILING AREA.

, :,[.?i a?';+ " ! i .

59. (Omitted). * \ , , A , > # * * 1 ,:; ;,..".c,.

60. . Definition of cultivating tenaqt's ceiling 'a&; . A^* t. .LC *

604; 'certain definitions for t

. i + * - 1 4 * . i t + t i 3 ~ 9 # 4 . .@? , of iiih k~afiter.

61. Person h o l h i ~ &in@ %?&I di;srit .tbifurfi;ih :&k&iid $kin he

62. ' kthorised officer to ta sion of land in oxce&'~f"thU col&vatins tenant's ailing area. t i A' ^{6%$t>ta~,. b, I*;!} > ii*i- i **.:! <^(j r y,*( . . 63. Liability of the Government to pay rent. I i.; t ! ! : i : : : , $

C . 64. Authorized officer to distribute possession of land. . ; . i r i 7' ' '

65. Authorized officer empowered to summarily dispossess parsons in certain cases.

.$'I ..I

66. Amount payable to tenagfk iblfsrtaid &es.

4

76. Constitution of Land Tribunsls. 76-A. Transfer of appoals from om Land TribUm1 to another.

77. Jurisdiction and powers of Land Tribana1s.i

CHAPTER XI.

A P P E ~ AND REVISION. 78, Appeal ta Land Tribunal.

79. Appeal to the High Court.

80. Limitation Act to apply k, appeal under wtion 78 OF 79.

81. (Omitted).

82. rev is^^,: hy the Land Commissioner.

83. Kevision by High Court.

84. Power to stay.

. I . CHAPTER XII.

PENIUCP~~~ AND PROCEDURE.

85. Penalty for failure to furnish return.

86. Penalty for failure to furnish information under section 102.

87. Penalty for furnishing false roturn or informatioo. 88, Penalty for making fa&&$ declaration undor section 19. 8 8 4 . Pmalty for furnish'ig rttran sbowhg land subject to void tramfm a paditions under S O C ( ~ O ~ 22 a~ S I V ~ ~ U S isnd*

89. Penalty for acquisition by k%& Or poSSbSSOry mortmp in # X W B of the a m . ^{,I ',}

90. penalty for contravation of any hdu1 ordc

93. Penalty for cutting trccr oi'fo? romov~a any machi-, *e

92. Offences by C O ~ X ~ P & ~ . *, - . ,,;$iqA:h~ ,- i

93. ~ o g ~ ~ i o l ~ a n ~ of a n 4 ,'43,* t j

* . > y s , :

5

DISPOSAL Or LAND ACQUIRED BY TEIE 'GOVERNMENT UNDER THIS ACT.

SECTIONS, ^{{I '} - -- --

94. Disposal of land acquired by &e Government.

9 4 ~ . dul* in respect bf surplus lGd 'held 'by sugar f~-:-rv and acquired b~

- *&mirnrnent. 94-$?'&rtaid lands to be held as tenant by the Corporation.

3 . 9&~!%xed~tidn in rbspect of land ha18 by sugar hctory for research purposes, ). 3 $⁸

I

95. Conversion of one kind of land into another not to affect ceiling area in csrtaia cases.

96. Decrease in number of members Af family not to affect ceiling area.

97. . Appointment of Land Commissioner,^.

98. Power of Government to idue orders and directions 6 0 tho authorired officer, etc. - I . $

9 . ,Transfer of proceedings from ~ne~authorizecl officer to another.

l i . &t&m and reports. ; ~ 1 . 5 : : ~ .I .

1 Authorizud oflim empowered~.$o,obtain infomation &om Court, ate.

102 ~uthorized officur emPowerod :t&bbain information Erom m m .

103. Costs. f

104. * Power to enter upon land.

105. Indemnity.

106. Preparation of record of rights.

107. Bar of jurisdiction of civil courts,

108. Court-fees,

109. Dabgation of powers.

110. Powor to make rules. 1 (Omkted.)

112. Rules to be placed before the Legislature.

6

TAM RUj ACT NO. 58 OF 196L2 THE T TAMIL '#&dj LANDREFORMS (FIXATION OF

, , . - . . <, , C I ~ L X ~ G ON. , L w > ACT, 196 1. :, I

[Received the assent of the President on the 13th Apri

7

-. .a- . A - "' -,kFYZ,--.+-.. . LA,. - - - " * ..isw . 4 - .

1961 : T.N. Act 581 Land R e f w (Fixatioir 965 of Ceilihg'oh Land)

de for all these and

Rt p3lic -z f Tndia

* a , ~ % *

j l ' CHAPTER I. . 3 , - . r . : *

I *- . . p&Llhi'&k$+te?' '

1. (1) This Act may be call& 'the '[Tamil Nadu]

Larid Veforms (Fixation of Ceilinx on L ~ n d ) Act, 1961.

(2) It exte~~ds .to the whole ofthe 21State of Tamil Nadu] :

3[2. (1) Subj~ct o the provisions of sub-sections (2)

and (3) and of section 6 , nothing containtd in this Act shall apply to lands held,-

[ (i) by any religious institution, or Short title

and extent.

Act no: to

apply to lands h31d

by existing religious institution

o r religious (ii) by any religious trust of a public nature, t,, of which is in existence on the date of tbe commzncement public of this Act. nature .

-. -- - __

1 These words were substituted ,for the word " Maarb, by the Tamil Nadu Adaptation of Law$"'Order, 1969, as amended

by the Tamil Nadu Adaptation of'. laws (Second Amendment) Order, 1969.

2 This expression was substituted for the expression "state

of Madras " by th3 Tamil Nadu Adaptation of Laws Order, 1969,

as aanecded by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

8 This section was substituted for the following secrion 3 (1) oft he Tamil Nadu Land Reforms (Fixation of Ceiling 011 Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which wag

deemed to have come into force on the 1st March 1972 :-

6 6 2 . Act n,ot apply to lands held by rzligiour f rusts. - Subj ct

to the provisions of section 6. nothingcont2.in*.d in this ~ c t

shall apply to lands held by religious trusts of a public nstturL."

8

966 and Reform (Fixation 11961 : T.N. Act 58 of& iZing on Land)

(2) Notwithstanding anything contained in hub-

senion (1) no such religious institution or religious trust of a public nature as is referred to in sub-section (1) shall acquire by any means whatsoever any land after the date of the commencement of this A&

(3) Notwithstanding anything contained in this Act, for purposes of this section-

(a) where a public trust in existence on the date

cf the commencement of this Act, has been created both for a public purpose of a religious nature and for any other public purpose ; or

(5) where the income from a public tru" in existence on the date of the commencement of this Act is appropriated both for a public purpose of a religious nature and for any other public purpose, mch public trust shall be deemed to be a religious trust of a public nature].

Definitions. 3. In this Act, unless the context otherwise requires,-

(1) " agriculture " includes-- *** (a) horticult~re ; & L i

(b) the rsising of crops, grass or garden- produce ;\

(c) the use by an agriculturist of land h him, or part tlpreof, for grazing ; ,.-I A

(a) the <& of any land for the purp~s i i d :+L- of manwe Crops *: ' - -.

' , $ , 7 - ' (e) d a i r y j g r ~ n g ; pou1tiy~farming ;

(g) 1ive;tQtack breeding ;

(h) of trees ;

a g i ~ ~ ~ a l " sh ll be' constru .

(2) " agricultural company "

formed for the purpose of carrying has for its main.object the acquisit from agricultural land

comp:ny " meay any other company ;.

9

A

(5) " authorized officer " zneans any Gazetted Officer uthorized by the Government by notification to zxercise

he powers 'conferred on, and discharge the duties imposed

umn. the authorized officer under this Act for su ch area shall hive the same rnGning as in clauses (a) and (d )

res~ectively of section 2 of the [Tamil Nadu] Bhoodan

L - I

as may be specified in the notiiicatlon ,, ; . . -

(6) " Bhoodan Yajmna " and " Gramdan land "

i f<@a A& 1958 ('[Tamil Nadu] Act XV of 1958) ;

(7) " ceiling area " means the extent of land which

1. s person is entitled to hold under section 5 ; i

U (8)''' company " means a compaiiy as defined in section 3 ofkhe Companies Act, 1956-(Central Act I of

t

:or " m9ans a secured c &editor and includes

d&'wh;r has , o b t a ~ ~ ~ ~ ' ~ t t a c h m e n t o f 06 of a decree &-or .A ':,.

(10) ""&ftivating tenant "-^'I , ,*in&+&%% ' ' t , 4 - - ; > - - - *

968 Land Ref;otp &(Fixation [1%1 : .T.N. Act 58 ? I ,:I of ~t$~iligiant Land)

(b) the:;&iz: of such person, if tb heir contri-^b.6$

-L butes his own physical labour or that of any member cf :

bis family in the cultivation of such land, or

(c) a sub-tenant if he contributes his own physical labour or that of any member of his family in the cultivation of such land ;

but

(iii) does not include ;L mere interemediary or his heir ;

l[(11) " date of the commencement of this Act "

means th4 15th dav of February 1970.3 2[(12) "date of the publication of this Act" means &:

* th,- dm: of the publication of the Tamil Nadu Land 8 Reform (Reduction of Ceiling on Land) Act, 19'70, in 9 the *Fort St. George Gazette;] ^-I$

(14j "family" in relation to a person means tho^. person, the wife or husband, as the case may be, of such person and his or her-

(i) minor sons and unmarried daughters, and

(ii) minor grandsons and unmarried grand.

daughters in the male line, whose father and mother are dead.

This clause was substituted for the following clause by section

2 (1) (a) of the Tamil Nadu Land Rtforms (Reduction of Ceiling en Land) Act, (1970 Tamil Nadu Act 17 of 19?0), was deemed to haye come into force on the i5th Fe 1970 :-^*

"(11) "date of the commencement of this Act" means t dale on which the Madras Land Reforms (Fixation o Ceiling on Land) Biil, 1960 was published in the Fort George Guzette, nimely, the 6th day of April 1560"

2 This clause was substituted for the following clause by sectlon

2 (1) (b) of the Tamil Nadu Land R forms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was

deemed to have come into force on the 15th February 1970 :-

"(12) "d~~te of the publication of this Act" means the date of the publication of +his Act in the Fort St. George Gazette; "

The fallowing clause was omitted by section 3 (1) of the Tam Nadu Laud Reforms (Fixation of Ceiling on Land) Amendmen Act, 1971 (Tali1 Nadu Act 41 of 1971):-

"(1 3) "existing sugar factory" means any sugar facto

was m ex~stence on the gate of the commencement ,of th *Now th: Tamil Nadu Government Gazette.

--- ----- -- ---. -

11

F Explanation [I]-For (the wrp 2 ~ 2 of this clause*

,- - .,A 1961 : T,N. Act 581

"minor

sons or

-.

(i) between whom an&fthe other members of the family, a partition by means of a registered instru- ment has taken place; or

(ii) in respact of whose family properties a preliminary decree for partition has been passed :

t

i before the "notified date].

L

3[E~pIanation 11.--For the purpose of this clause-

(a) in the case of persbns governed by Hindu^:

Law, "unmarried daughters" and "unmarried grand- daughters" shall not include "unmkrried daughters" or

"unmarried grand-daughtersv-

(i) in whose favour any land has been volun- tarily transferred by either of whose parents or grand- parents on account of natural love and affection ; or

(ii) in whose favour a preliminary decree for partition has besn passed

before the notified date ;

The explanation to clause (14) was riumbered as Explanation I of that clmse by section 2(1) (c) (i) of the Tamil Nadu Land Reforms (Reduction of Ceiling ca Laze) a?+: 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into fol'ce on the 15t h Febru- ary 1970.

These words were srbstituted for the words "date of the com- mencement of this Act" by section 2 (1) (c) (i) of the Tamil Nadu

L a d Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come ~nto forge

on the 15th February 19:'O. This explanation was inserted by section (2) (1) (c) (ii) of the Tamil Nadu Land Refohs (Red eiling on Land)) Act, 1970 (Tamil Nadu Act 17 of 1970), deemed to have come

.nto form on the 15th February 19

I .

C

12

970 Land Reforms (Fixation 11961 : T.N. Act 58 of Ceiling on Land)

(b) in the case of persons governed by any law other than W d u Law, "minor sons", "unmarried daughters", "minor grand-sons", and "unmarried grmd- laug h t ~ ~ s", shall nct include "minor sons", ?sm-married daughters," ccmii~o r grand-sons " and ~ ~ ~ n m a r r ic d grand-daught er s ",-•

.J : "

(i) in whose favour any 1 talily tlansfeired bv either of whose parents a gran parents on ac~ount.:of natmal love and affection ; or * , P

(ii) in whose favour a p~eiminary decre fo: pa rtitibn has 6 t h passed bet ore the notific d date I ;

1 5) "folest land" inclu&s a ing trees or shrpbs;

< , - t .

(16) "full owner" means a person e a bs~lute prop~ktorship , I of land; i ' -

(17) "Government" means t I[( 1 8) *

(19) "to hold land" with its and cogilzte exprebsions means or to possess or enjoy land es possessoly mottgagee o terant or as intermedial y or in olle or more of those iss ;

- -- ._

" * *

l l h e following clause was omitt Tamil Nhdu Land Reforms (Fixation Amendment Act, 1972 (Tamil Nadu

deemed to have come into force on t -(la) ''hill area" means any local area s p d e d b colum of Schedule I and such other local area comprishz a hill as Government may. by noti6cation, from time to time, s ~ d j ' ; - - -

13

196X : T.N. Act 581 Land Reforms (Fixation 97 1 of Ceiling on Land) ^I

C (20) "inam land" in any me& in the State except the tramiferred territory-- *:

i

I

/' i ' (a) means any land the gant of which in illam

C' 5 has been made, confirmed or recognized by the Gove~n- e \

L

5 --* I . - -+ ~ i24-

- (i) any land in any lease-hold village ;

(21) "intermediary" means any person who, not

beirg an o-nmner or a possessoly moitgaget, has an . Interest in land, and is entitled, by rcason of such

intere~t, to possession thereof, but hns t r a n s f e d such possession LO others ;

(22) "land" means agricultural land, tht is to say, land which is used or capable of being used for agricul- tural . p u ~ oses 01 purposes .subservient thereto a&

includes ? orest land, pastu~ e land, plantation and tope, but does not include house-site or land used exclusively for non-agricultural puiposes ;

(23) "Land Board" means the 2[Tarnil Nzdu Land Board] const itu ,ed under section 24 ;

(24) "Land Commissioner" means the Land Com- missioner appointed under section 97 ;

1 These worGs were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amcilded by the Tamil Nadu Adaptation of Laws ,(Second Amendment) Order,

1969.

a This expression was substitutecl for the expression "Madras Land Board" by paragraph 3(1) of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 970, which was deernec! to have

come into force oil the 14t h January 1'969.

14

972 La, zd Re forms (Fixation

\ , [I961 : T.N. Act 58

of Ceiling on Land)

(25) "land oanel' means the owner of the land Iet for cultivation by a tenant and includes the heirs, a,signees, legal reprrsentatives of such owner or pe sons deriving iigl~ts throuih him; I

(26) "Land T~ibunal" means a Land Tribunal con tjtuted tmdcr section 76; 1

(27) "lease-hold village" means any village specified in eolutnn (4) of Schedule TI and such other village or p xi thereof as the Gover~llnent may, by notification

frcla time to time, specify;

(28) "limited owner" means any person entitled to a life es deriving

1961 : .T.NI Act 581 Land Refvms (Fixation 973

(35) " plantation " means any land used for growing all or any of the following, n2 rnely, cardamom, cinchona,. CO&, rubber or tea ;

(ii) math ;

I

*- ."

978 Land Re formy (Fixrtrurc ^I.-

-- - r t . !

: LC. . Land Reforms (Fixation 11961 : XN, Act 51 of Ceiling on h n d )

- h ---- "dl---- ' - - ...,-*--- (---- - . A- &-A .'?a,* *

- 982 Lank: RC f d . ( ~ i & t i o n 11961 : T.N. Act 58 of Ce iling on'land)

-- --- -.-Lb+.... - . - ,.. - - - . . L I . . .

984 U n d Refoims (Fixation 11961 : T.N. Act 5% of cet~ing on Land)

n

986 Land Reforms (Fixation [I961 : T.N. Act 58 of Ceiling on Land)

b

988 Land ~eforrns (Fixaric n (1961 r T.N. Act 58

F

190 f i t Land R$oof [I961 : T.N. Act"

'%** 4.

acres '' respectively by section 2 (2) (c) (iii) of the Tamil Kadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th Febru- ary 1970.^{9. #}

34

992 Lrmd Reform (Fixation of [I961 : T.N. Act 58 Ceiling on Land)

(b) A family consists of husband and bis wife. The husband is a member of an undivided Hindu family and his share in the laud held by the undivided Hindti family is

l[10 standard acres]. The wife has stridhana l a ~ d of '[lo

standard acres]. If the entire stridhana land of l[10

standard acres] held by the wife is inclucied within the l[1! standard acres] a110 wed under sub-section (1) of --.tion 5, then, an extent of '15 standard acres] of the share of the husband in the uizdivided Hindu family may be included to make up '[I5 standard awcs]. 1[5 standard acres] will be treated as surplus land and tlie wife is not entitled to hold any additional extent of stridhana land [section 5 (411.

$ But if the 2[10 standard acres] which is the share of the t husband in the undivided Hindu. family is included within -?

the 2[15 standard acres] allowed under sub-section (1) of 2 section 5, then an extent of Z [ 5 standard acres] of stri- .$ dhana land of the wife cor~ld also be included tc make tip i- .

q l S standard acres]. The wife may retain additional 2[5 s E standard acres] of stridhana land [section 5 (411. 3[There ; % will be no surplus land .] $

;9 *These figures and words were substituted for the figures and words " 25 standard acres", " 20 standard acres:", " 20 standard

acres ?', " 30 standard acres ", " 10 standard acres ". and " 30 stam

dard a.cres." and for the words " Fifteen standard acres " respective& by section 2 (2) (d ) (i) of the Tamil Nadu LandReforms (Reductioh of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17-of 1970), which

was deemed to have wme into force on the 15th February 1970.

d .

These figuresand words were substituted for the figuresin '' 25 standard acres ", " 30 standard acres ", " 5, standard a

" 30 standard acres " and " 5 stacdard acres " respectively by s 2 (2) (d) (ii) (a) of the Tamil Nadu Land .Reforms (Redu Ceiling on Land)&$, 1970 (Tamil Nadu Act 17 ofq>1970), whi deemed to have come into force on the 15th February k970, This sentence was susbstituted for the fcllowing sentence by se 2 (2) (d) (ii) (6) of thy Tamil Nadu Land Reform (Reduct Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), whi deemed to have come into force on the 15th February 1970 :-

'' Ten standard acres will be treated as surplus land ",

35

1961 : TONo Act 581 Land ~ & m s (Fixation of 993 Ceiling on &and)

(c) A Muslim jainily consists of the husband, his wife

and his two minor sons. The wife has 1[15 standard acres] of stridhana land and the minor sons have no pro pert y.The.

husband has 1[25 standard acre$]. If the entire extent of land w'hiclt the fapily i s entitrdd ,to hold unaer sub- section.(l) of section' 5 consists:of.@c land owned by t4e hcsbznd only, then, the wife can KoM additicnall[lO stan-

da~d acres] [section 5 (411. The.remhining 1[15 standard

r &8i)%ill-be tteated as surplus \ hd . . r .)j t ,,$>" J. "

(@ A ~hristiao family 'consi&, of the husband, his.

wife and his two -minor sons. Tke htE:sband and the minor sons hrve no property. The wife:has stridhana land bf

2[20:sta~dard axes]. . The familr-can .letah -1 5 strndard f aces$ The remaining PC5 standard. ades] wi f be treated1 as surplus l a d and the wife is' nibtientitled to hold any

additional extent of stridhana land [section 5 (411.

' (5) Notwithstanding anything con&ined in sub-

s&?~. (1) and, in, gy@-ae$ion .(?) ,a94 in Chapter . .V$I tge:to@$,e#ent $$be land ky$,d&~$l~.eemed tb be .held ,by

adyifamily stshall in tie case exceed 30 standard acres].

(6) Ia calculatirrg the extent of land held or deemed to be held by ar.y person, the extent of land which may revert to such person immediately after the death of any limited owner shall, during the lifetime of the limited owner, be excluded.

----^{, I} ---

lThese figures and words wcre substituted for the figures and words

" 30 standard acres ", " 50 standard acres ", " 10 standard acres "

and "40 standard acres " respectively by section 2 (2) (e) of the Tamil Nadu Land Reforms (Reduct ion of Ceiliag on Land) Act, 1 970 (Tamil

Nadu Act 17 of 1970), which was deemed to have come into force

on the 15h Fcbruary 1970. These figures and words were substituted for the figures and words 40 standard acres " " 30 standard acres " and " 10 standard acres"

respectively by sectibn 2 (2) (f) cf the Tamil Nadu Land Reforms (Reductionof Ceiling on Land) Act, 1,970 (Tamil Nadu Act 17 of 1970), which was deemed to have come'into force on the 15th February 1 970.

8 This expression was substituted for the expression " shall in no case exceed 40 standard acres " by scction 3( 2) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment

Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 1st March 1972. (The figures and words

" 40 standard acres " were earlier substituted for the figures and words

" 60 standard acres " by section 3(3) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Secdnd Amendment Act, 1972 (Tamil Nadu Act 20 of 1972), which was deemed to have come into force on the 1st March 1972.)

36

994 Land &form (tJxtztion of [ 1961 : TeN* Act 58 CeiIipg,'on 'ld C.' ,*d)

Basis of cal- 6, W h e ~ under ael&rms of a '[public trust] any interest

culation Of either in the land in:respect of which the ][public trust] is

the of land extent h ld created or in the idcdme from such land is reserved in

b the f outi- favour of the founder ~f such l[public trust], or of any other

der of a person, the authorized officer shall declare the extent of

l[public land which bears to tGe total extent of land in respect of

trust]. which the l[pu blic trust is created, the same proportion as such interest bears to t b. e total interest in such land or the income therefrom. The extent of the: land so declared shall, with effect from the date of such dec'laration, be deemed to be held by the founder or such other person and shall be taken into account in calculating the extent of land held by him. The extent so declared shall cease to be the l[publ;c trust] property ;rum th.3 date of such declara- tion but shall be subject to any other liability that mag be subsisting on such land :

Provided that the extent of such liability shall bear the⁸² same proportion to the entire liability as the extent so declar- ed bears to the total extent. 4

2

Ceiling on 7. On and from the date of the commencement of this

holding land* Act, no person shall, except as otherwise provided in this Act, but subject to the provisions of Chapter VIII, be entitled to hold land in excess of the ceiling are2 :

Provided that in calculating the total extent of land held by any person, any extent in excess of the ceiling area and not exceeding half an acre in the case of wet land and one

ncre in the case of dry land shall, irrespective of the assess-

menL of such land, be excluded. -

I These words were substituted for the word " trust " by section 3 (5) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), wliich was deemed to have come into,force on the 1st March 1972.. '.

I ?

---. - .-- - .. - --,.. "

37

1 . 1_ : - . , : 'j' f { . . .

1961.: T o N- ~ c t 581 Land ~efi@ J(Zi~at i~n of 99 5 Ceiling onf '&n'd)

8. (1) 2[3(Withib thirty days) frornthk%otified date], every Furnishing person, who\ on the date of the com~f3"cement ofthis Act, of return by Pawn hold- held or is deemed to have held, land *[i& excess of the ceiling

ing in land area] shall, in respect of all land hellfor deemed to have excess of been held by such person on such,-date, furoish to the standard authorized officer within whose jurisdiction the holding of acres].

such person or the major part thereof, is. situated, a retua

containing the following prticularsj mmely:--^I

(i) particulars of all the land ;

(ii) particulars -of the memMfjeis' 'bf the family and of the stridhsna land held by each 'fefiiile 'hembr 'of the faqib ;,;,;!, . A , . ? * , > + l l i ~ J . J 3 i j ~ 2 :

- i(iii) ~$aiticular s of any interukItix6ither in. the land held by a trust or in the income, fkdm'such land reserved in his favour or in favour of any member of his fanlily ; S[(~V)' ' * * " 1 I;!! t^{* +*} *I . .

(v) particulars of land- " 'Llj!: ^,ilt : .

(a) interspersed among plantations, or - These figures and words w7ere substituted for tlie figures and words

"30 standard acres " by sectiorh 2 (3) (aJ bf thG Tamil Naau Land Reforms (Reduction of Ceiling on Land) A#, 1970 (Tamil Nadu Act I 7 of 1970), which was deemed to have cohe' into' force on the 15th

~ebruar y" 970. ^{) 'I I} ,f ' id;

a~hese,words were substituted for the ~ o r d s "within ninety days from such ,date as may be specified inithe pobification issued .by the Govergrna.nf in this bhalf." by sectioq a@) ib)(i) of the Tamil Nadu Land ~qformsr (l+duction of ceiling op 491397U (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the

f:: ,df ~4d~in ' + - i . 3 ,.J r : :

acre& "

, I n ,~Th4;kmi~lp clau~e;lwas!,oaaikted~~&~~s~ ' 9 , @Xb):a f the Tamil Nab ~~d:R:bforms(Fixation f Ceiling o &~$QH &eqdment

Act, 1972 (Tamil Nadu Act 39 of 1972), w *C was deemed to have c:~&~?i& f&&toh,$!~j~l$f~~a#ch &PX~C% rugui r : li,iic~, c '

;~(iv) p & i A k ~ ~ of 'tg& l k ~ d tvfiikfi dmEB'&l#b~~' dc~sirds lo hold

for dairy farming or livestock breeding ;",

38

996 Land Reforms (Fixation [I961 : T.N. Act 56 of Ceiling on Land)

(b) contiguous to any plantation,

in existence J[on the date of the commencement of this Ad] in any area 2[ * * *] and

which land such person desires .to hold for extcn sion, or a~icilla~y purposes, of the plantation ;

(vi) particulars of the encumbrances, if any, over the la nd together with the name and address of the creditor;

(vii) particulars of any pending litigation respecting the land qr part thereof ;

(viii) particulars of the land which such person desires ,to ,retain ,within the ceiling area and the land whi

be desires to be. declared as surplus land ; % > t : i : *

(ix) particulars of the land W d by tenant, if any, and the name and address of such tenant ; @[and] ! Tm *kqion was substituted by sedion 2 of the Tamil Nadr 'Larid ~ q f o ~ .(FL~ation of ailing on and ~li ird @endme+g i Act, 1974 ':(Tarpil'l$adu ,Act 30 af 1974), whic was d w e d to haw come ' into force on the 6th' April 1960 for the expressibn " o t P % 6th day of Anrill960 " which in turn was substituted for the xpr

ssion '' on the 'date of the commencement of this Act " by sectior

3(3) of the TI&( Nadu LandaReforms (Fixation bf Ceiling on Land Fifth ~mend~n$nt Act, 1972. (Tamil Nadu Act. 10 of 1974), wnid was deemed to have come into force on the 6th April 1960. , '

The words " other than a hill area " were omitted by sectiq 3 (4) of the TqNl Wadu Land Reforms (Fixation of .Ceiling on Lanc

Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972), whic

was deemed, ;tp have come in to force on the 1st ,March 1972. This word was added by section 3 (3)(a) (i) of the Tamil Nad Land Reforms (Fixation of Ceiling on Land) Amendr--.-t Ar

197 1 (Tamil. Na& Act 41 of 1971).

4 The following clause (x) was omitted by section 3 (3) (a) (j of the Tamil Nadu Land Reiorms (Fixation OfxCeiling on Lam

Amendmat Act, 1971 (Tamil Nadu Act 41 of 1971) :-

id (x)..j~, I ; ~ & ~ ~ s f ' of an existing sugar, factory, 21:

particulars. of. the land which sugar factory- .

(a) holds as owner, and

(6) holds otherewise than as owner and the basis ( 'which such land js held ;

and which such sugar factory desires to hold for the culti ation of sugarcane for use in the factory ; and"

39

(xihsuch other particulars as may be prescribed

1IExplanation I. -In the case of a member of the Armed..@rees, the reference to ninety days shall be deemed

to be hq reference to one year.] - - -

Explanation 11;-Where land is held or deemed to be held by-

(a) an individual, the return shall be furnished ! by him or any person authcrized by bim in writing in this

(b) a person who is a minor, lmatic, idiot, or is subject to a like disability, the return shall be furnished

by the guardian, manager or other person in charge of such person or of the property of such person,

(c) a company or other corporate body, :he

return shall be furnished by any person competent to act for such company or body in this behalf,

Explanation. III. -Where land is' ~6lh or deemed to

be held by a family, the return shall be furnished by the persow in managemeht of such family or of the property

of such family and the return so furnished shall be binding on the other members of the family:

Provided that the authorized officer shall give to the other members of the family a reasonable opportunity of ma king their representat ions and of adducing evidence, if any, in respect of such return and shall consider such and evidence before the preparation of the draft statement under sub-section (I) of section 10.

1, This explanation was substituted for the following explanation by section 2 (3) (b) (iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into f orce on the 15th February 1970 :- . I Explanation I.-In the case of a member of the .Qm.ed Forces, the return under sub-section (1) shall be furnished within six months after the proclamation of Emergency has ceased to operate ".

1 The said explanation was earlier substituted for {he foIlowing original explanation by section 6 (ii) of the Tamil Nadu Tenat: cy (^~~erndment)Act, 1965 (Tamil Nadu Act 9 of 1965) :--.

I

fi Explanation [.--In the case of a member of the Armed Forcess the reference to ninety days shall be deemed to be a reference to me year."

125-6-64 - -

40

998 Laid" @ef ort l l~~ (Fixstion [I961 : T.N. Act 58 *"if Ceiling on Land)

Collection of 3. (1) 1f any person who has held or is deemed to have inforlnation- held land 2[in excess of ceiling area] fails to furnish the return under section 8 or furnishes an incorrect or incomplete return under that sect ion, the authorized officer may, by notice, require such person to furnish the return or the additional particulars, as the case may be, within the time spscified in the notice, or within such further time not exceeding thirty days as the authorized officer may, in

his discretion, a 110 w.

(2) (a) Where any per son, on whom notice under sub- section (1) has been served, fails to furnish the return, or the additional particulars, as the case may be, withi 1 " the time specified in that notice, or within the further time allowed by the authorized officer under sub-section

(I), the auth~rized officer may obtain in such manner as may be prescribed the necessary information eithcr by himself or though such agency as he thinks fit.

(b) The authorized officer shall, as soon as may be,

aftei obtaining the information under clause (a), give to the person concerned a reasonable opportunity of ma king

his representation and of adducing evidence, if any, in respect of such information and consider any such re- presentation and evidence and pass such orders as he deems fit.

I

I 1 The following sub-section (2) was omitted by section 3(3) (b i

I

of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land

1 Amendment Act, 1971 (Tamil Nadu Act 41 Of 1971) :-

i

1 " (2) The notification referred to in sub-section (1) shall corltai 1 such particulars and shall be published in such manner as may t

I . prescri hed .".

I^{i -}

I 3 ~ h e s e wo&'k were substituted for the expressi~n~~in exce! ,of 15 standard hres" by section 3 (6) of the Tamil Nadu Lar .xefctrms (Fixation of Ceiling on Land) Third Amendment Ac

1972 (Tamil Nadu Act 37 of 1972). which was deemed to have con into force on $e,lst March 1972. The figures and words " :

stalldard acres" w:re earlier substituted for /the figures and wort 66 30 standard acres" by section 2 (4) of the Tamil Nadu Lar Reforms (Rpdggtion of Ceiling on Land) Act, -1970 (Tamil Nac Act 17 of 1970), which was deemed to have come into force on t 15th February 1970; 3 * -

41

1961 : T.N. Act ' 581 Land Refornp (Fixatt ~n 999 of Ceiling on Land)

(3) Where the authorized ofi.c*rr Gnds from the return urnished under section 8, or under sub-section (I), or the additional particuli.. rs, if any, furnished under sub-section ( 1 ), or from the informations dbtbihkd, by the authorizea officer under clause (a) of sub-section (2) that the person concerned desires to bold-

(a) (i) any laud interspersed among plantations, o r

.' (ii) any land contiguous to any plantation,

[on the daie of the commencement~ofthis Act] in any area i n existence . I .

# "

' ., . . * - . -

1 This expression wag substituted by swiop 2 of tb e Tamil N adu Land Reforms whation of Ceiling on w and) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974), which was deemed to have come . into force a~$ the "6th. April 1960 for the &pression " on the 6th day

of April 1960 " which in turn was substituted for the expression

" on the date of the commencement of this Act " by section 3 (3

of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974), which was deemed to have come into force on the 6th April 1960.

a The words " other than a hill area " were omitted by section

3 (5 ) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972), which was deemed to have come into force on the 1st March 1972. The word " or " was omitted by section 3 (4) (a) of the Tamil Nadu Land Reforms (Fixation of Ceiling'on Land) Fourth Amend- ment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to

have come into force on the 1st March 1932. The following clause (b) was omitted by section 3 (49 (b) of the

Tamil Nadu Land Reforms (Fixation of Cding on Land) Fourth Amendment, Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 1st March 1972^:-

" (b) any land for dairy farming or livestock breeding, he shall, subject to such rules as may be plescribed in this behalf fo-lvard a copy of the return, the additional particulars, or the i n f o r m a ~ ~ ~ n obtained, as the case may be, to the Land Board ",

125-644A

42

I.

I:.

1000 Land, Reforms (Fixarion [I961 : T.N. Act 58

of Ceiling on> land) ^I

. . *

T(4) .. . rlr * * I*

Preparation 10. (lj 'Q4,the basis of the return fumiihod under sub- and saction (1). of seciion 8 and the basis of th. representation publication and evidence under the proviso to Explanation I11 to sub of draft section(1) of s6ction 8 or on the basis of the return furnished under sub-section (1) of section 9 and the'additional parti* culars if any, furnished under that sup-section, or on tlu land in

e x a s s of the basis of the information obtained by the authorized offie cei!ing wea. under clause (a) of sub-section (2) of section 9 and t@

orders passed on the representation and'the evidence, i any, undtr clause (b) of sub-section (2) of section 9, as th

case may be. the authorized officer shall, subject to tb

provisions qf $u b-sections (2), (3) and (4) and after ma kin

such enquiry as he deems fit, prepare a draft statement i respect of each person holding or deemed to have he1

laud in excess of the ceiling area. Such draft statemel shall cmtain the following particulars, namely : -

(i) the name and address of the person ;

(ii) particulars of all land held by such person a] total extent of such land ;

(iii) particulars of the members of the family a of the s tridhana land held by each female member of 1 family ;

(iv) particulars of any interest either in the i n

held by a trust or in the income from such land reserl in his favour or in favour of any member of his family

1 The following sub-section (4) was omitted by section 3 (L

the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Am ment Act, 1971 (Tamil Nadu Act 41 of 1971) :-

" (4) Where the authorized officer finds from the return fi

shed under sectlon 8 or undcr sub-section (I), or the addit

particulars, if any, furnished under sub-section (I), or from th formation obtained by the authorized officzr under clause ( sub-section (2) that any existing sugar factory desires to hold land for the cultivation of sugarcane for use in the sugar factor shall, subject to such rules as may be prescribed in this behalf, for a copy of the return, the additional particulars, or the inform obtained, as the case may be, to the Sugar Fzetory Board. ".

43

C

1961 : T.N. Act 581 Land Hejbrms (Fixat ion 100 1 of Ceiling on Land)

(vi) particulars of land--

(a) interspersed among plantations, or

(b) contiguous to any plantation, in existence a [on the date of the commencement of this

Act] in any area 31 * * ] and which land such

person desires to hold for extension, or ancillary purposes,

I of the plantation;

(vii) particulars of encumbrances, if any, over the land together with the name and address of the creditor ;

(viii) pa~iiculars of the land which such person desires to retain within the ceiling area ;

(ix) the extent of the ceiling area of the person ;

(x) particulars of the land which may be comprised within the ceiling are ! ;

(xi) particulars of the land hkld by tenant, if any, and the name and address of such tenant ;

a- -ma--- - _ -- I The following clause (v) was omitted by section 3 (5) (a) of the Tnmil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 1st March 15172 :-

I " (v) particulars of the land which such person desires to hold for dairy farming, or livestock breeding ;".

2 This expression was substituted by section 2 of the Tamil Nadu u n d Reforms(Fixation of Ceiling on Land) Third Amendment Act, 1974. ('l'amil Nadu, Act 30 of 1974), which was deemed to have come into force on the 6th April 1960 for the i expression " on the 6th day

ofcsl,p@,:1960~, which in , turn was siibstituted for the- expression

" on thepdabe of the commencement of this Act '? by section 3(3) of; $lie Tamil Nadu Land Reform Rixationof Ceiling on Land) ~ i f t h dendment Act, 1972 (Tamil Nadu Act 10. of 1974),which

was deemed to have cdme into force on the 6th April 1960. % , I:?

, $ 4 . t,ahs,~ordg !.other than a hill gna'i,weres omitted by sektion 3(6) .=$'Tamil rJada Und . Reforms ( tion, of Ceiling cn Lana P se&nd, Amendment Act, 1972 (Tam* , adu Act 20 of 1972), which

was deemed to have come into force on the 1st March 1972.

44

1002 : Land Reforms (Fixation [I961 : T.N. Act 58 of Ceiling on Land)

(xii) particulars of the land proposed to be declared as surplus land ; l[and]

. (xiv) such other particulars as may be prescribed. \

!

(2) (a) For the purpose of calculating for the fir? t time 3[after the date of the commencement of thiz Act] the ceiling area of a family holding land on the date of the commencement of this Act in excess of 4[15 standard acres], the authorized officer shall take into account only those members of that family who are alive on the notified date. But for the purpose of calculating the ceiling area

I

of such family for the second or for any subsequent time,

I

I

the authorized officer shall take into account only those

1 I members of that fa'mily who are alive on the date of the I i

: !

preparation of the draft statement under sub-section (1).

I^2.

I / (b) For the purpose of calculating the miling area of any other family 5[for the first time after the date of the commencement*of this Act, or for any subsequent time], the authorized officer ,shall take into account only those* members of 'that family who are alive on $W date of thg

preparation of the draft statement unde~.siib-bction (1).

lThis word was added by section 3 (5)(i) of the:Tamil. Nadu .#. '*

Land Reforms (Fixation of Ceiling on Land) Arneq-t Act, 1971 (Tamil Nadu Act 41"of 1971). r i L.!

a The following clause was omitted by section 3 (5) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Ndu Act 41 of 1971) :--

"(xiii) insthe case of an existing sugar factory, also the ~ = t i - culars (of the land V c h such sugar factory-

(a) holds as owner, and

(6) holds otherwise than as owner and the basis on which such land is heldil^{. .}

and which such sugar factory desires to hold for the cultivation of sugarcane for use in the sugar factory ; and "

a These words were inserted by secti Nadu Land Reforms Reduction of (Tamil Nddu Act 17. of 1970), which w

into force on the 15th February 1970.

4 These figures and words were subs words "30 standard acres" by section 2 (5 Land Reforms-(Reduction of Ceiling o Nadu Act 17 of 1970), which was deemed to the 15th Fsbruary 1970.

5 These words were substituted for the for any subsequent time": by section 2 (S)(b) of the Tamil Nadu Laqd Reforms (Redudtion of Ceiling on Lmd) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force - on the 15th February -1970.

45

- - - - - A - " . . .

-a - & *w&*:- --

3

e~ifid%$e'.~hrticulars of the.+

Withip his ceiling area, the r as gifiii'bbl6' Itbut' subject to the prdvilons of sub-&sections (4-A)'. and (4-B)], declare ' the same land as comprised within his ceiling area :' Provided that where in the opiQion of the authorized officer, the utility of any land or part thegeof held by any ' person has been diminished by agy wilful act of such person, after the date of the commencement of this Act, the authorized officer shall declare s u ~ h land or any part thereof as comprised within his ceiling area :

Provided further that the authorized ' ozcer shall, subject to such conditions as may be prescribed, decla~e the share of any person in the land held by an agricultural company, a co-operative society or a land mortgage bank, or any part of such share as ccmprised within the ceiling Provided also that subject to the abovz provisions, the l ~ n d which the authorized officer proposes to declar~ 1 as surplus land under clause (xii) of sub-section (1) shall,

1 I as far as practicable, bc: such as is capable of easy and t convenieBt enjoy meni.

I $4-A) Notwi.thstanding anything contained in 1 sub-section (4), where the transfer or par?irion of any land has been declared to be void undzr section 22, it shall be the duty of the authorlsed officer to i~~cludc, subject to the provisions of sub-section (4-B), such land

within the ceiling area of the transferor or the person effecting the partition, as the case may be, as if no such transfer 0.- partition ha& taken place :

-..-I.

1 This expression was inserted by section 3 (l)(i) of the Tamil

Nadu Land Reforms (Fixation of Ceiling on Land) Slxth Arnend- ment Act, 1972 (Tami; Nadu Act 7 of 1974), which was deened to have come into force on the 1st March 1972. These sub-sections were inserted by section 3 (1) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act Z of 1974), which bas deemed to havc come into force on the 1st March 1972.

46

1004 Land ~eyornis (Fixation [I961 : T.N. Act 58 of Cei ling"on Land)

Provided that in respect of the land d included nothing in this sub-section shall affect the rights of the transferee or of * . the person in whose favour the partition was effected. , .

(4-B) Where the transfer of any land has bees declared to be void under sect~on 22 and where the extent of the ?and so transferred is in excess of the ceihg area of the transferor, the land so transferred sb l l be included within the ceiling cf the transferor in the following order of preferen= :-

(i) firstly, land transferred to a person who was landless immediately before the date of such transfer and who was not related to the transferor or any member of his family ;

(ii) secondly, land transfared to a cultivating tenant who was cultivating that land immediately before

I ha date of such transfer ;

(iii) thirdly, lsnd transferred to a person who

was not related to the transferor or any member o( h l ~ family ; and

(iv) land transferred to others. Explanation.-In this sub-section " landless erson " means a person who does not hold any lsnd.]

(5) The draft st3tement shall be published and copy thereof shall be served on the persons concernet the tenants, creditors and all other persons who in tl

opinion of the authorized officer are interested in t:

land to which such draft statement relates, to,etther wi a notice stating that any objection to the draft stateme shall be preferred I[ within thirty days] from the wrv of s ~ c h notice. The authorized officer sWl duly cold(

.T.,. objmion received within the time specified in

said notice from the persons oc whom a copy of the dl s+atement has been ~erved or any objertion recei --

'These ~ o r & were substituted for the words "within sixty da)'

section 3 (5) (b (i) of the Tamil Nadu Land Reforms (Fixatio d ailing on Lao ) Fourth Amendment Act, 1972 (Tamil Nadu A of 1972). which wak doemed to have come intg;orce on the 1st r h i

1972.

47

11961 : T.N. Act 581 Land Reforms (Fixation 1005

of Ceiling on Lard)

l[within thirty days] from the date of the publication of the draft statement from any otherrerson. The authorized offie1 shall, afrer giving the objector a reason- able opportunity of being heard and of adducing evidence, if any, and subjoct to :~d: ;tile; as may be made, pass suchorders as he deems fit :

1 (1) .If while .considering, ;he ' o b j d o ns rezeived Authorized

under sub-section (5) of section 10 or otherwise, the Offlcer decide questi- authorized officer finds that iny , question has arisen on of title in regarding the title of a person to any land and such certain cases.

question has not adready been finally determined by, or is " not pending before, a competent couri, the Land Triliuml or other xthority, the authorised officer may,

subject to the provisions of su6-section (2), decide such question summarily in such m a m r as inay be prescribed and may pass such order as he -deems fit. ,, ;, , (2) Whe~e in the opinion '6ff' the authorized officer the. &cision of s question !under'. ~ubrsection (1) involves,^' a subaantial question of law -6f of face he shall, for reaso&

to be'-iecorded in writing refer -?- the question to the Land Tribunal.

,, ; i "r.2 "J :

- - (3) The order of the':auth&i&d officer under sub- ,. se&bn (1) shall not IX subject :ttifaini appez.1 or revision, but any party may, within three months froin the date of service of a copy of such ordsr,institute a suit in the Land Tribunal within whose jurisdiction- the land or the major part' thereof is situated to have the ordel set aside or modified but subject to the final zesult of such suit if any, the order of the au~.horized officer shall be final. 'These words were substituted for the words "within sixty days" by section 3 (S)(b(i)of the jarnil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 19 72),

which was deemed to have come into force on the 1st March 1972. The following proviso was omitted by section 3 (5) (6) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth ~mendment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 1st March 1972 :-

"Provided that the authorized officer may, in his discretion, allow soch further time not exceeding thirty days for the receipt of the o@ections under this sub-section."

48

1006 Land @forms (Fixation [I961 :T.N. Act. 58 of Ceiling on Land)

Publicat ion 12. After the disposal of the objections, if any,

Of preferred under sub-section (5) of section 10, and ~fter st mernent * passing the order., if any, under su b-section (1) of section 1 1, the authorised officer shall, subject to the provisions of this

Act and the rules made therounder, make necessary altera- tions in the draft statement in accordance %th the order passed on the objections aforesaid and the order, if any, passed under sub-section (1) of section 1 1 ,. and shall dec- lare the surplus land held by each person. The authorized officer shall thereafter publish a final statemeqt specifying therein the entire land held by the *rsoq; t$ :land'

. . [ % retained by.&ibii within the ceiling area s# : t hp. . declared to be1 surplus land and such pther, particu as may be preiscribed and cause a. ic~py fbgfeof - t s L r . to .. - -

seried on the'~perions referred to i h : ~ ~ b - u - ~ ~ ~ t ~ ~ a (5) of -

section 10. Such a statement shall, subjeCt to the provi-

sions of s ~ t i o n 14, be conclusive evidencb of? the facts

stated therein..*

r 6

, , i 13xclusion 13. (1) Notwithstanding anything contained in sections

land 11 and 12, .tho authorized offiger ,shall, in calculating the from calcula-

tion of ceil- extent of land held by any person, excludw ! . t f - ,

ing area. ^It . ' * 3 . , , , '

(i) the land in respect of which any question of title is pending before a competent court, or the Land Tribunal o r ot6er authority ; qand] .

"(i j ) * * rl: 1

3 This word was added by section 3 (6) (a) of the Tamil Nac I,and Reforms IFiuatinn of Ceiling on Land) Fourth Amendment Ac 6972 (Tamil Nadu Act 39 of 1912j, which was deemed to have coo

i ~ t o force on the 1st Marc11 1972.

2 The following clause and the word " and " at the end wt omiited by section 3 (6) (b) of the Tamil Nadu Land Refon (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tar Yadu Act 39 of 1972), which was icemed to hive come into fo~ 0, the 1st March 1972:-

'' (ii) the la& in respect of which the question whether su land could be rmi' t :d to be used for ddiry farming or livest( 8" breeding is pen mng before the Land Board ; aoE".

49

1961 : T.N. Act 581 Land Reforms (Fixntion 1007 of Ceiling on Land) I

(iii) the land in respect of which the question whether such land could be permitted to be used for the extension or for ancillary purpbses, of the plaptation in existence l[on the date of the commencement of this Act] in any area 2[* * * ] is pedding before the Land and where after such exclusion the land held by such person is in excess of the ceiling area, he shall declare the land in excess to be surplus land. The land so declared

as surplus land shall be incorporated in the final statement published under section^12.

14. (1) As soon as may be, after the final disposal Amendment of the proceeding or suit relating to the question of title Of final

sra tement of any land excluded under clause (i) of sub-section (1) certain of section 13, the authorized officer shall - cases. I

(i) amend the final statement published undei section 12, or

- -

1 This expression was substituted by section 2 of the Tamil Nadu Land Reforms (Fixation of Ceilling on Land) Third hsndment Act, 1974 (Tamil Nadu Act, 30 of 1974), which was deemed to have come into force on the 6th April 1960 for the expression " on the 6th day of April 1960 ", which in turn was substituted for the expression " on the date of the commencement of this Act" by section 3 (3) of the

Tamil Nadu Land Reforms (Fixation of Cei!lng on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1374), which was deemed to have come into force 0:3 the 6th April 1960.

a The words " other than a hill area " were omitted by section 3

(7) of the Tamil Nadu Land Reforms (pi'ixation of Ceiling on Land) Second Amendment Ao, 1972 (Tamil Nadu Act 20 of 1972), which was deemed to have come d o force on the 1st March 1972.

8 The following sub-sect ion (2) was omitted by scc t ion 3(6) of the Tarnil Nadu Land Reforms (Fixation of Ceiling on Land). Amendment As+, 1971 (Tatoil Nadu Act 41 of 1971):-

'' (2) Noiwithstanding anything contained in sections 11 and 12, the authorized officer shall, in calculating the extent of land held by

any existing sugar factory, exclude the land in respect of which the uuestion w?;ether such land could be continued to be used for the cultivation of sugarcane for use in the Ssiing sugar factory is pending before the Sugar Factory Board and where after such exclu- sion the land held by the existing sugar fwtory is in excess of the ceiling area, bc shall declare the land in such exkss to be the surplus land of the lstlng sugar factory. we land ,99, A declared as surplus land s l ~ a l l * * ~ ~ a d iq the , - , . .36..4d4.# iiatement $? * published under sec;ion 12 ''

I .

a . a . . , I . ; XB srEs .. .^I

50

(ii) where there is no such Baal statement. 17 a final statement, if necessary, undqr swt ion 12,

in accordance with the decision of the court or t h Tribunal, or other authority, as the case may be.

(2) As soon as may be, after the Land Bo decided -

(b) under section 31 whether 37y Ian 1

.un&r clause (iii) of sub-section (1) of section

be permitted to be used for extension, oi for purposes, of any plantation, the author izad offi( ' (i) amend the final stateme~~t publis section 12, or

(ii) where there is no sucl~ final statem

.a final statement, if necessary, under section

in accordance with the decision of the Land !

1 The following clause and the word " or"

omitted by section 3 (7) of the Tamil Nadu Land Rc Ceiling on Land) Fourth Amendment Act, 1972 ('3

of 1972), which was deemed to have wme intc b6 (*) under section 27 wheth~r any land exclu of suMection (1) of section 13 could be permitted farming or livestock breeding: or "

a The fo~o& sub-&$oh (n was' omitted 1 *e Ta.1 il Nadu L a d kefom (Fixation 01 Amen:. eut Ax, 1971 (Tad-Nadu Act 41 of 1 9' - - , . -_ --.- 61 (3) AS soon L maya I%? ' after the Sug:

decided under mion 40 whether any .land excll

(2) of senion' 13 @d be' q~inu-ed to be us of sugamne for us6 in the T'edsttng msugsr fa

o&er shall- ' L.

/'

0 amend the final-stat- publish.:d

(ii) where there b no such fi. a1 sta statement, if U-, u n d n ' ~ a m 12, in ztccor lance with the deesdon of the Sugar

51

b % r , . 1961 : T.N.. Act 581 . el Land Reforms (Fixation 1009 of Ceiling. on Land)

(4) The final statement amended or prepared unde~ sub- ; section * ?&) or (211 shall be publisliedd and the authorized

o f f i 4 shall cause a copy of the,.final statement as so amended or prepared to be served on the persons referred to in sub-section (5) of section 10.

15: Notwithstanding anything ' contained in sections Power to

12 and 14,: the authorized officer my, either of his own rectify bone rnoQ~@. tor on the application of anyof the parties,-^I fide mistakes

--.^{- -"}

"<%: 5 ! r ~ L r;ti : . and clerical erron,

r , .: 'i $.i (&if he is sstisfied that d~b&a, fide mistake has:

' Y *tl &&f&aa& in 'fem& to any . d t i y in f& ' 'final statement 6~ @@i&&*%ndS section 12 or 14;niake the hecessarj : qorrectionstherein;

(b) at any tinie, correct any clerical or arith- metical mistake in regard to any entry in such final state- ment.

16. (1) Where any land held by' any person as posses- Possession

sory mortgagee is in-excess of the ceiling area of such Of land held

person, the possession of the land in such excess shall, by posses- sory mortg- with effect from the date of publication of the final state- ageetoreven

ment under section 12 or 14 to the possessory

mortgagor (a) in any case where the total holding of the in certain

possessory mortgagor is not in excess of the ceiling area, cases.

revert to the possessory mortgagor ;

(b) in any case where the total holding of the possessory mortgagor is in excess of the ceiling area, and where he desires the land mortgaged by him or ally

part thereof to be included within his ceiling area in tho return furnished by him under section 8, revert to him subject to the condition that the land so reverted together with the other land held by him does not exceed the ceiling area.

(2) Where the possession of- the land in excess held by a possessory mortgagee or any part thereof does not revert to the possessory mortgagor under sub-section (I),

the Government may acquire such land under section 18. -

1 These brackets, figures and word were substituted for the brackets,

figure and word "(I), (2) or (3)'' by section 3 (7)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment -4ct, 1971 (Tamil Nadn Act 41 of 1971).

52

.lo16 " i u n d RQurlizs (kixation 11961 : T.N. At of Ceiling on Land)

0 , ' pds&&orY; '-inortgagor

sf the land mortgaged reverts under s the mortgage m o ~ y due to the pos! rnort&&&i , in resp&t of that liina.

(ii) Where possession of a part only

apd . lportgaged reverts to the possessory mortgagor sub-section (I), the possessory *mortgagor shall the possessory mortgagee such amount of the m money as bears to the entire amount of the m

money, the same proportion as the value of tl aforesaid on the date of such reversion bears to tl of the entire 0xten.t of the land mortgaged on t

date .

(iii) Where no agreement can be rea respect of the moltgage money payabla under sr

(i) or (ii), the authorized officer shall, subject to

visiocc. "f sub-clause (iv) and after making such as he deems fit, acid0 the amount so payable.

(iv) Where in the opinion of the a1

officer the decision of a question under sub-cl involves a substantial question of law or of fact for reasons to ba recorded in writing refer the to the Land Tribunal.

(b) The land or any part thereof, the g

of which reverts to the possessory mortgagor u section (I), shall be the security for the payrne mortgage money.

(c) The mortgage money referred to in shall, for the purpose of Article 132 of . Division of the First Schedule to the Indian ' Act, 1908 (Central Act IX of 1908), be deeme become due with effect from the date of revert sub-section (I), and shall carry interest at the r

. and a half per centum per annum from the rsi

,^{4 CC}

Explanation.--In this sub-section mort gag

means the money payable in accordance wit visions of the '[Tamil Nadu] Agriculturists I 1938 (l[Tarnil Nadu] Act IV of 1938). -

1 These words were subsrituted for the w o ~ by the Tamil Narlu Adaptation of Laws Order, 1969 by the Tamil Nadu Adaptation of Lows (SeconA

Order, 1969.

53

i * ' f 1961 : T.N. ActZ58] F and ~ e f o r h ( ~ i x ~ t iori 101 1

of Ceiling on Land)

(4) Where the possession of any land or any part I thereof is likely to revert to the possessory mortgagor /r under sub-section (I), the authorized officer shall first

fix the ceiling area of the possessory mot tgagee. Possession

1'7. (1) Whero any land held by any person as tenant ,f land held is in excess of tho vxtont sf land which lzo is orltitlod to by tcnallt to

hold under section 5, the possession of the land in such revert to the land Gwner excess shall, with effect from the date of the incenain publication of the finalstatement und1;r section . 12 or 14, r:vert to tlrt; land owner where and to the extent to which .the land of the land owner

himself is not liablt t~ be 2,c!zrcd 2s surplus land in accor- dance with the provisions of this Act.

(2) Where in respect of any land, the possession of which reverts to the land owner under sub-section (I), the contract of tenancy provides for the continuance of the tenancy after the ~:xpiry of the agricultura 1 year imme- diately succeeding the date of such reversion, such land- owner shall pay '[ * * * ] to the tenant an amount equivalent to one-eigflth: of 2[the annual value of the land calculated in the manner specified in Part I of Schedule III].

Out o f ~ ~ s u c h amount], three-fourths shall be paid to the cultivating tenant and one-fourth to the intermediary, if any.

(3) If any dispute arises in regard to the amount F 4 [ * * * 1 payable under sub-section (2), either party may make an application to the authorized officer within whose jurisdiction the land or the major part thereof i3 -- -

1 The words "as compensation" were omitted by section 5(i) (a:(A)

of the Tamil Nadu Land Reforms (Fixatjon of Ceiling on Land) mendment Act, 1979 (Tamil Nadu Act 11 of 1979), which was deemed to have come into force on the 20th: April 1,972,

2 This expression was substituted for ,the expression "the fair rent .ctilcul"&t&&~the ~anrier specified in ptyagifpb 4 of Part I of Schedule m9* bg'i&ion 7 (1) of the Tamil Nadu &and Reforms (Fixation of

,~~~li;ijg;ij&c&and) Amendment Act, 1979;afi(Tamil Nadu Act 11 of¹

54

1012 Land Reforms (Fixation [I961 : T.N. Act 58 of Ceiling on Land)

r:?r~ated, for deciding such dispute. The authorized officer shall decide such dispute in accordance with suun procedure as may be prescribed.

Acquisition 18. (1) After the publication of the final statement ''

Of S U ~ l U S under sebtion 12 or 14, the Gover land. the provisions of ;ections 16 and 1 to the effect that the surplus la

purpose.

shall-

(a) cause to be published in eve '

in which any part of the land specified i

is situated a proclamation containing notification;

(b) cause a copy of the notification to on the persons concerned, the creditors, perso names appear in the h a 1 statement published u 12 or 14 and such other persons as m the rules made by the Government.

(3' On the: publication of the notific sub-sechon (I), the. land specified in the no gether with the trees sfanding on such land and buildi

l[ma chinery, plant, apparatus, wells, filter points 4

fines], constructed, erected or fixed on such land an for agricultural purposes shall, subject to the pro of this Act, be deemed to have been acquired for. a purpose and vested in the Go

cumbrances2[with eflect from t

and all right, title and interest of a 11 perso shall, witheffect from . .< b the said date, be deemed to b v e be

extinguished :

1 These words were substituted for the words "machinery, or apparatus" by section 3 (8) of the Tamil Nadu Land R (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Act 41 of 1971).

2 These words were sub Nadu Land Reforms (Fixat 1978 (Tamil Nadu Act 25 into force on the 1st M the date of the. co

.--" - I..- a . - . -- -- U\

- - --

55

3

L , r . 1%1' : TN. A& 581 h d Reform t~ixation 1013 of Cei-lirigofr: ~Zxmd)

t!hw wbre tker& L +'61@ .crop standing on $I&-date df such pu'~fiq$m], the authorized bjea to sac11 conditidns d s may be prescribed, vest of such crop by .the person who had raised such crop.

* *^* I

(4) Subject to the rules made under mb-section (5), tib authorized officer may, at any time after t b publication of thv notification under sub-section (I), take possession of any-land specified in the said notification.

I -(5) The G o ~ r n m e n t may mah rule* I i * :* i, " * . *-

; '! * : (4 specifying the classes of tenants, who may be al lo~ed'to continue in possession of.the land,

- _U

1 This expression was substituted by section 4 (1) (b) of thz Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Arnend- ment Act, 1978 (Tamil Nadu Act 25 of 1978), which was deemed to have come into force on the 1st March 1972, for the expression "on the. date of the publication of the notiljcation under sub-section (1)' which in turn was substituted for the expression "OII the date of such publication" by section 3 (2) (b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Wadu Act 7 of 1974), which was deemed to have come into

force on the 1st March 1972. The following sub-section which was inseaed by section 3 (2)

(c) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Lsnd Sixth Aal@ndment Act, 1972 (Tamil Nadu Act 7 of 1974), which was deemed to have come into force on the 1st March 1972 was omitted

by section 4 (1) (c) of the Tamil Nadu Land Reforms Fixation of ai l ing on Land) ,Amendment Act, 1978 (Tamil Nadu Act 25 ot 1978), which was deemed to have come into force on the 1st March 1972:-

"(3-A) (a) Every person vho, after the date of the commencement of this Act, was in possession of, 01. G&~;ng any benefit from, the property vested in the Government under sub-section (3) shall be liable to pay to the Government, for the period, after such com- mencement, for which he was in such possession or deriving such benefit, an amount as com,xnsation for the use, occupation or enjoyment of that property as the authorised officer may fix in the ;>rescribed manner. Such officer shall take into consideration such

factors as may be prescribed.

(b) Any amount payable to the Government under clause (a) shall

be recoverable as arrears of land reve~eg'.

125-6-65

1014 Land Reforms (Fixation I1961 : T.N. Act 5 of Ceiling on Land)

thing contained in sections 5 and 7 Direct ion by

a This section was inseited by section 3 (8) of the

. .

57

- --. 1. .- - - s & --A- 4^w

1961 : T.N. Act 581 Land Reform (Fixation 101 5 of Ceiling on Land

(b) is cancelled under section 18-C, the surplus

land \ specified , in such notification, - deemed' never to have vested in the Government uthrised officer shall make the necessary conse-

ification in l[the assessment roll] concerned. fiaid %[under section 501 in respect of wch ^A

"be recovered by the Government as if i.&

I

L Were

'OF land revenue.

(2) The land referred to in sub-section (1) shag# stand reverted with effect from the date of the publication of the notification effecting the modification or cancel- lation, as the case may be, to the person lawfully entitled to such land and any assignment of such land by the Government to any person prior to such d a t ~ shall bs deemed to have been cancelled. NO claim shall be enforceable in respec1 of such land a gainst thc Government

These words were substituted for the words "the compensa- tion assessment roll" by section 5 (ii) (a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (I ail .:'

Nadu Act 11 of 1979), which was deemed to have come into force oa the 20th April 1972.

a This expression was substituted for the words "by way of compensation" by section 5 (ii) (b), ibid.

58

101 6 Lrmd ,~hf*rms (Fixation of cei1iGg- on Land) or any p e w ~$&?vin& rights fro& theq, fdi,." from the date, ofjk vesting of such la,h.d in $

ment 2nd endingr 'with the date of reuegsjR$; in the prescribed

into consideratio11 such f;l.ctors as may be presc

J ⁴

1 This section was inserted by sect io*~ 4(2) of the T

~ 3 , l t j ~ : f ~ r s n p (Fixation of Ceiling on Land)! Amen' 1978 (Tamil Na 'u Act 25 of 1978), which was deemec

come into f o r e on th: 1st Mtrch 1972. .'as compznsation '+ were onjtted

(iii) (61, ibfd.

- -

59

1961.: TON. Act $81 tand &forms,(Pixdtion 1017 of C'eiling:dn Land)

I

/' ' ,

~~~~b %I O& FmU~ii 'ACQUIS&&.MD R~STRICT~ ON ON CERTAIN TRANSFBR~.

< ransferee before I i

(3) On receipt of the copy of ?lie declaration under sub-section (2), the authorized officer may obtain such information as may be necessary atid take such action as he deems fit in accordance with the provisions of this Act, ah& in accorda nco with such tules as may be made

in this behalf.

20. (1) If, as a rosillt of any transfix of 1 ~ n d either Pznalfy for ~y sale, gift (other than gift made in ~ont~rnplation of future acqui-

in death>, exchange, surrender, agreement , settlcmrnt or $;:a,,,-

otherwise 4ffec1ed on or after the notified date, the extent tion of set- 1

of land held by the transferee exceeds the eiling area, tion 7.

then, the right, title or interest accrued iu his favour by virtue .df such transfer in the land in exercise of the celi;.:~

area ~fia l l ,~ as a pena by for contravention of the provi- sions of &&ion 7, be deemed to have been transferred to the Government with effect from the date of such transfer, OII a declaration r n d e by the authorized officer - - - ---.- - . - .-. -

1 These words were substiruted for the word "rnortg~ge" by

section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Lanci) Amendment Act, 1965 (Tamil Nadu Act 10 of 1965) which was dcemed to have come into ibw on the 2nd May

1962,

I

60

101 6 Idnd Reforms (Fixation [I961 : T.N. Act a ^I

of Ceiling on Land)

or any p ~ u o n deriving rights from them, for the p

from the date of the vesting of such land in the Go ment and ending with the date of reversion under t sub-section.

Vesting Of 18-E. Where any notification is modified

lanit n e w t section 18-B a 18-C by way of inclusion, the 1 inc'"ded* which such inclusion relates shall be deewd to

vested in the government as if such land were inol in a notifichtjon issued under sub-section (1) pf sect&

and accordingly, the provisions of this Act shall ap

to the Sand so vested].

sj~mou nt I[l$-F. (1) Every person

payable by] vesting of the property in the persons in section (3) of section 18, is in po

possession any benefit from, such property,

the to the Goverqment for the period

vested possession or deriving such bepi: in the

~overoment. an amount. * * * ] for the use, merit of th& p ~ o p ~ r t y as t.be auth

in the presciibed rnapner . into consideration such factors as ma

(2) Any amount payable to the @vqrnme

s lb-section (1) shall he recoverable as q i f e a ~ ~

revenue. ]

L

---.r

1 This sectiw was inserted ' by sectio*~ 4(2) of thit Land RrfarlllS (Exation of Ceiling on Land)':

1978 e a r n i l N a 'u Act 25 of 1978), which was dame

come into __ forcc: an th: 1st M.irch 1972..

I * 1 - . , .

8 These .words wore substituted for' t b from" by seeti011 5 (iii)(~i) of the Tamil N* of Ceiling onilaqd) Amendmeat Act, 19791 of 1979). which,'was deemed to have come April 197'2. A .

TL wore3 "as cornpenlation " Were omitted

(iii) (b), ik&

- - - -- _ _ _

61

- - - - - -

s. L - * _ ,

f g&i : "f, N. Act 5 $ Land k'efornts (Pbxatforr i'019'

of Ceiling 'on Land)

Pro vi&d that--

(b). the transferee shall be liable f ~ r payment of the consideration for, and to discharge other liabilities under, such transaction and the .transferor shdl have no claim for such considera tion against the Government, otherwise than in respect: of such land,

(c) no suit or other proceeding by the transferee shall lie in any court ior the 1 ~ T t . d of the conhideration for any such tra nsa ction.

(2) The Governinent may make rules providing for the manner in which any right, title or interest trans- ferred to the Government under sub-section (1) shall

be disposed of.]

21. (1) ~ f , on or after the date of the commencement Ceiling on

of this Act- future acqui- i

L . % $ - sition by inheritance

(a) any person acquires by inheritance f r 'be- bequest or

quest from any person ; by sale in

' * I execution

. : r ra . of decree, (h) and before the notifild'' date, an) person asquires by sale in execution of a decree or order cf a --. civil court or of an award or ordery@ any other lawful authority,

. .

any land,' which, together with thepland, if any, a heady

held by him, in the aggregdld the ceiling area, then

he sblc within ninety days frc tgei notified date or

fromthe date of such acquisition;k*ichever is laterT, fuini~fi td-3: the' authorized 0 fficeiiwithin who ;e1?jurisdic-

. iibn hisq&$I&ing ''of the major paif: thereof is situated, a

return. j f coittainiqg a . s the following pardgllars, id A - . . namely :--

s. . i , I ' I ( f *<- t f?* - I

(i) pardculars of the land: already held bp him and those of the land so acquired ; . .^{I .}

62

1020 tand ~ e f o r m [ ~ t i o f i of [il)6i : 'P;N. &t 58 Ceiling on L a d )

(ii) particulars of the land which he desires to

retain within the ceiling area ;

(iii) particulars of the date of the acquisition ;

(iv) particulars of the manner of acquisition

and of the documents, if any, under which 'such a cquisi-

tion wh s made ;

(v) the name and description of the person who held the land imm$diately before the date of acquisitiou ;

(vi) p;.rti~ulars of the lani held by tenant, if

any, and the name and address of such tenant ; and

(vii) such other particulars as may be prescribed.

Ewlanarion.--'[l] In this sub-section " bequest "

shall inGI ude gift made in contemplation of death. l l * * *

(2) If, as a result bf marr

the date of commencsment of t held by any person exceeds in t

then, he sllall, within ninety or from the data of marriage 0 be, wh ichover date is later, fu within whose jurisdiction his holdin thereof situated, a ieturn containin

crllars, namely :-

(i) particulars of the land

the marriage or adoption ;

(ii) particulars of tho land held after the date 111asriage or adoption ; ..nd

- - .-- -- -.

The explanation to sub-section (1

*;qn I of that sub-section. The follow was added by section 6(iii) (a) of (Amendment) Act, 1965 (Tamil Nadu A omitted by section 2 (6) (a) of' the (Reduction of Ceiling on Land) Act, 1970) which was deemed to have February 1970 :-

" Explanat~on 11.-In the case of a member of the Forces, the return under sub-section (1) shall be furnished

six months after the Proclamation of Emergency has cea operate, or within ninety days from the date of the acquisition, ever is latex ".

C -_.- I - - -- -- --. _

63

% Rw, 91 & % other particulars a s may be prescribed.

.. ..

flitnihes th'& liet&:or fails to furnish the B .(a) any person has iffected by means of registered instrument a psrtition of his holdi- or part thereof ; or

(6) any parent or grand-parent has voluntarily transferred any land on account of natural love and affection to any minom son, undarried daughter, minor grand-son, or unmarried grad-daught er in the male line ; or

-- - - -- - -- --

I The following explanation, which was added by sectiorl 6 (iii)

(6) of,t% Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 df 1965) was omitted by section 2 (6) (b) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970:-

' '~Explanation.-In the case of a.member of the Armed Forces,

t h ~ red*@ bnder sub-section (2) shall be fmished within six months after th'e Proclamation of EmergeticY has ceased to operate, or wifhin . ninety days from the date of marriage or adoptior., whickever is later ".

I lThis section was inserted by section 2 (7), ibid.

8 This expression was substituted for the words " after the date of'the commencement of this Act but before the notified date " by section 3 (8) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Arnendmer t Act, 1972 (Tamil Nadu Act 37 of 1972),

which was deemed to have come into force on the 1 at March 1072.

64

1022 Land keforms (^~ixation of ti961 : %.N. Act 48 Ceiling on Land)

(c) any person has voluntarily tra~sferred any

land-

(i) to any educational institution ; or

(ii) hospital of a public nature solely for the purposes of such institution or hospital ;

such partitiori or transfer shall be valid :

Provided that in the case f transfer to such e'dqcstio- 9 nal institution or hospital, the land transferred absolutely vests in the institution ar: hospital and the entire income

from such lqnd is appropriated for the institution r , - or

hospital.]^"t

* ' .

, ;f * \

'[Transfer or 22. Where, on or aftq the data of the commeq$ment

partition] of this Act, but befoi-6 the notified date, any person has mac'e cn Or

after ihe ,late transferred any land held by him by sale, gift (other than

of the con,- gift madc in contemplation of death), exchange, surrender menccmtnt of settlement or in any other manner whatsoever ,except

this Acls but by bequest a[o; has effected a partition of his holding or before ' he part thereof], the authorized officer within whose ju~isdic- notified date. tion such land, holding or the major part thereof is situated may, after notice to such person and other persons

" . ) I '

The words '* or partition " were omitted by section 2(8) .(;) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), whichvras deemedto have come intoforce on the 15th February 1970 ; and these words were substituted for the word " Transfer " by section 4(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act 7 of 1974), which was deemed to have come into force on the 2nd October - 1970. \

The words " or has effected a partition of his holding or part tbereof" omitted hy section 2(8) (b) of the Tamil Nadu Land Reforms (Reduction of Ceiling oil L^ad)Act, 1970 (Tamil Nadra Act 17 of 1970), which was deemed to have come into force ,on the 15th February 1970, were again inserted by section 4(b) ,of the [Tamil Nadu J- and Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tgmil Hadn Act 7 of 1974), which was deemed to have come into force on the 2nd Qcto'ter 1970.

65

- . -$ .-.----&. 'I --- - --->-- . - . .. - .--.--- - . .* 1 ' . . ~

196i: T.N. ~ c t 581 Land RL.fbrmv (bixation 1623 of Ceiling on Land)

affected by such transfur l[or partition] and after such enquiry as he thinks fit to make, %[declare the transfer or partition to be void if he finds that the transfer or the partition, as the case may be], defeats any oft he provisions

of this Act. % . . - .

3[23. (1) Subject to the provisions' of section 20, for the Transfers oi purpose of fixing, for the first time after t h date of the sub-divisions

7

made or effe- cted before The words "or partition " omitted by seciion 2 (8) (b) of the the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, ti, of 1970A,(Tad1 NMu Act 17 of 1970), y 'ch was deemed to have cat ion under ~?oti;e'j;nta'Ifbr&*of the 15th Februafy ? ,970; were again insertep by sub-petion

&ctidh.'8(c~af%lik *afnil Nadu Land Re% &'(?ixatioti of Ceiling: on (l)of section - ~od)%Sixt&Amendrnent Act, 1972 (Tabnuff Nadu Act 7 o f 1974), ~hichwas~i?eqmed +. 4 -eci ,#,A i... to haw come into fa@e.on the 2nd. .October 1970. , , me, wptds werq -substituted% ; for$tbe words " declare the transfer to be void if he finds that th&'%r$lsfer" by section14(d).of the Tamil Nadu Land Reforms (Fixation of -Ceiling on Land) Sixth , Amerjdment Act, 1972 (Tamil NaduLFAct- 7 ofs1974), which was deemed to have come into force on the 2nd.. ,October 1970. (The words

bk or 'eartition" and "or the partitionprasathe case may be " were earlikr ,&mit ed by section 2(8) (b) of th'e Tamil Nadu Land Reforms (Reductidnyof Ceiling (4b Land) Act, 3970 (Tamil Nadu Act 17 of 19.70), . yhich was deemed to have come $to force on the 15th February 1970.'" ', '- 'I

. This section was substituted for t%b' folldwing original section by section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) (Second Amendment) Act, 1974 (Tamil Nadu Act 32 of 1974), which was deemed to have come into force on the 6th April 1960:--

"23. Authorized opcer not totake into consideration certain transfers or sub-divisions bzfore publicat ion of final statement .-- Subject to the provisions of section 20;for the purpose of fixing, for the &st time, the ceiling area of any person holding land on the, date of thk commencement of this Act, in excess of 30 standard acres, the authorized officer shall not take into consideration- ,- >

(a) any transfer, whether by sale (including sale in executioli of . , . a decree or order of a civil court cr of an award or order of any . . other lawful authority) or by gift other than gift made in contempla- tion of death), exchange, surrender, settlemeilt or otherwise; or

(b) any subdivtsion (including subdivision by a decree or order of a civil court or ally other lawful authority) whether by partition or otherwise,

effected on or after the notified date and before the date of the publication o; the final statement under section 12 or'14 ".

[Earlier, after the words "for the firstltime", the words " after the date of the commencement of this Act" were inserted, and for the figures and words " 30 standard acres ", the figures and words " 1

standard acres " were substituted in section 23 by sectir- 2(9) of

the Tamil Nadu Land Reforms (Reduction of Ceiling on LanG) Act, 1970 (Tamil Nadu Act 17 of 1970), wliikh was deemed to have come into force. on the 15th February 1970:''Section 2(3) of the Tamil Nadu Act 17 of 1970 was subsequently omitted by section 4 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amend- ment Act, 1974 (Tamil Nadu Act 32 of 1974).

66

h d Re/orms (Fixation t196l: 9. k. Act JL) of Ccilirtg un Land) :

commencement of this Act, the ceiling aiea of any person lolding land on the date of t l commencenlent of this Act in excess of 30 standard acres&

(a) any transfer, whetbr by sale (including sab in execution of a decree or or&r of a civil court or of an award 01 order of any other lawful authority) or by gift (other than gift made in contemplation of death), exchange, surrender, settlement or other&se ; or

(b) any sub-division (including sub-division by a decree or order of a civil court or any othor lawful authority) whether by partition or otherwise ;

effected on or after the notifiedadate and before the public&- tion of a notification undex sub-section (1) of section 18 shall be, and shall be dsemed always to have been, vo?d sad accordingly the authorized oa&r shall calculate the ceiling area of such person as if no such transfer or sub-division had taken place.

Explanation.-This sub-section shall, on and fro'm the 15th day of February 1970, have effect as if for the figures and words " 30 standard actes ", t h ~ figures and words " 15 standard acres " had been substituted;

(2) It silall be the duty of tho authorized officer to include the land so transferred or sub-divided, within the

miling area of the t ransforor or the per son who held the land immediately befo~e such sub-division, as the case may be, as if no such transfer or sub-'division had takens place.

CHAPTER IV.

CONSTITUTION AND FUNCTIONS OF THE LAND BOARD.

Coa~titdjon 24. **(I) The Government m7.y constitute for the

of the Land Statc a Board called the '[Tamil Nadu Land' Board].

Board. (2) The Land Board shall consist of-

(a) one jcdicial office'r who is, or is qualified for appointment rs, or a person who has been, a Judge of a High Court, nominated by the Government ; . .

1 This expresssion was subsli%ited fm the expression '' Midiin Land Board " by paragrapx T(lJW-and the Schedule to, the Tamif Niicfu {Adaptation of Laws Ordel';.,1970. : .

67

1961: T.N. Act 581 Land Reforms (Fixation 1025 of Ceiling on Land)

(b) %,he Land Commissioner, ex-osfcio ; ' I

q(i) one *member of the Board of Revenue (other

than tke:Land C~mmissioner) nominated by the Govern- ment ;

(d) two non-official members nominated by the Government^.]

(3) The member referred to in clause (a) of sub- section (2) shall be the Chairman of the Land Board. The Secretary to the Land Board shall be a Gazetted Officer n~minated by the Government, but he shall not be entitled to vote.

(4) (a) The term of office of a member referred to in clause (a) or (d) of sub-section (2) shall be three years or auch shorter period as the Government may fix : nd such member shall bk eligible for re-nomination.

(b) Any member referred to in clause (a) or (d) of sub-section (2) shal) be deelr~dd to have, vacated his seat if Be absents himself withow excuse, sufficient in the opinion of the Land Board, from the meaipgs of the ~ d n d Board, for a poriod of three consecutive months reckoned from the date of ~hc: commencement of his term of office or of the last meting which he attended, as the case may be, or if, within the said period less than three meetings have been held, absents himself from three consecutive meetings held after the said date :

Provided that no meeting from which a member

alp-s ,.~.mself shall be counted against him under this clause if due notice of that meetingyas I

,

not given to him.

; . f ; l ~ i - ~ ' 1 -

68

1026 Land Reform (Fixation of [1961: 'I'.N. Act 58 Ceiling on Land) ^f

(5) A member referred to in clause (a) of sub-section

(2) may, at any tim : by notice& writing to the Govern- ment, and a membe: referred to in clause (d) of that sub section may, at any time by notice in writing to the Chai man, resign his office, but he shall continue .in office the nomination of his successor.

\ '

(6) (a) A casual vacancy in the office of a member referred to in clause (a) or (d) af b b-section (2) shall .be I,

filled by fresh nomination.

(b) The person nominated to fill a casual vacancy under clause (a) shall hold office for a period of three years or for such shorter period as the Government may

fix and he shall be eligible for 're-nomination.^I

Functicqns of 25. The Land Board shall perform such functions the Land as are assigned to it by or under this Act. Board. lThe following s~ctions were omitted by section 3 (10) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadll Act 39 of 19721, which was deemed to have come into force on the 1st March i972 :-

" 26. Applicatic n s:, the Land Board for future acquisition of land for dairy .formilre or livestock breeding.-Any person desiring to acquire in excess of the ceiling area any land for dairy farming or livestock breeding shall make an application to the Land Board for psrmission to acquire iuch land. Every such application shall be in writing and sh rll contain-

(a) the extent and other particulars of the land proposed to be acquired and those of the land, if any, already held by the applicant^-;

(h) the approximate number of heads of cattle proposed to be k e ~ t in the land, their breed and special features ; and

(c) such other particulam as may be presc~ibed.

27. Decision of the Land Board in respect of land to be used tor dairy farming or l m t o c k breeding.-On receipt of a copy of the return, additional'particulars, or information, as the

case may be, forwarded by the atithorized officer under clause (6)

of sub-section (3) of section 9, or on receipt of the application under section 26, the Land Baard shall, after making such enquiry and ins- pection of the land or livestock, as it deems fit and after satisfyinq itseJf that the land in respect of which permission is required cduld with -advantage be used for dairy farming or livestock breeding, grant the permission for the whole or part of such land and subject

$0 such conditiaqs 8s it deems fit or refuse to grmt such pereisslon. "

. . .

69

t ^w # I ' ,I>: ( c.

1

'The fd~lowinji sections were omitted w%e&otl 3 (10) of the Tamil Nadif Land Reforms (Fixation of Ceiliii on Land) Fourth Amendment .Act, 1972 (Tamil Nadu Act 39, off1972). which was deemed to. have come into force on the 1st M&ch 1982 :-

28. Matters to be considered by the Land Board when granting or refusing permission under section 27.-The Land mard shall, in deciding whether to grant or refuse permission under section 27, take into consideration the following matters, namely :--

(a) the interest to be served by the development of dairy^I farming or livestock breeding ;

(b) the status and previous experience, if any, o i the person concerned ;

(c) the suitability of the land to be used for dairy farming or livestock breeding^;

i^(d) the number of heads of cattle, if any, owned by the per- son concerned, their breed and special features ;

(e) the land already owned by th6 applicant for the purpose of cultivation ; and

(f) such other matters as may be prescribed.

I

I

29. Cancellation of permission granted under section 27.-

The Land Board may cancel the permission granted under section 27-

4

a (a) on the breach of any condition specified by the Land d Board under section 27, or

i

; (h) if the land in respect of which the permission was granted

1 is u53d or allo-~ed to be used for any purpose other than for dairy farming or livestock breeding, or

(c) if, as a result of any irrigation project constructed at the cost of the Government, the land in respect of which the permission was ganted, could with advantage, be cultivated, or i (d).if the pzrson concerned has obtained the permission by fraud or m~srepresentation :

Provided that no such permission shall be can:elled unless

a reasonable opportunity has been given to the person likely to be^* affected by such cancellation to show cause against such cancellation."

70

1028 Land Reforms (Fixation of [1961: T.N. Act 58 Ceiling on Land)

Application 30. Any owner of plantation in existence '[on the date to the Land of the commencement of this Act] in any area 2[* C Y Board for future acqui- * * 1 desiring to acquire in excess of the ceili* ares

Oition interspersed of land land which is interspersed among plantations or is coo- among or tiguous to any plantation & which may be required, for

contiguous the extansion, or for ancillary purposes, of the pjantafhs to pgen- s':dl makt an application to the Land Board for permis-

tation. sion to acquire such land. Every such application shall be in writing and shall contain-

(a) the extent and other particulars of the land proposed to be acquired and those of the land, if zny, held by the applicixnt ;

(b) such other particulars as may be prescribed.

Decision of 31. On receipt of a c ~ p y I⁽ of the return, additional parti-

the Land culars or infortnation, as the case may be, fomarded

Board in by the authorized officer under clause (a) of sub-section (3)

respea of of section 9 or on re~qiipb J the application undq $ection

land spersed 30, the Land Board shall, after making such ~ n w ~ p among or and inspection of the land and the plantation specified in , contiguous tho application as it dg~hp fit and, nf~er satisfying itself -PC * to any that the land in res@ct'of which pc:.mission is reQuiied plantarion* is necessary for the em^, QF f+?q ancillary pWposes, of the plantation, grant the permission fox, the whd9 or .

pzrt of s%ch land and subject to s ~ c h conditions as it deems fit, or refi~se t o 'gant scch permission :

I)rovided that tlx, &#Q@ of lanq whidh ~ q t i w o ~ s to ani plantation and &respect of whicli Ian& pedssion is granted under t hist s&n shall in no W$ .ex%@ ,twenty per centurn of the total $$gent of such plantatiat~~n~ .

.IUI-. -. .?f-- ---- - -.-.- -- -

c:: 8 '

1 This ewrkssion aaf.~s"ted ,by ~s;cti(m'.z &6t& #11 , @dv

and R e f o w (Fixation of-Ceiling Land) l'bjrdh.me&oot Act, 1974 (Tamil Nadu Act 30 of 1974), which was deemedLto have m a into force; on tb,:!$tb .April 1960, for ths exp~es@pp,~' on the 6th day of April 19601F v&kh in turn was suw$uted for fi~pl~es- sion "on the date ofth&commencement of tb.$ A@$' by ,wGts)a 3 (3) of the Tamil Nadu Land ~30rms (Fixation of Ceiling on Land) FiW Amendment Act, 1!$72Damil Nadu Act 10 of 1974), which was deemed to have come-into force on the 6th April 1960.

2 The words ''other i han a/ hill areau were omitted by. sect i;n 3(8) of the T?m3 NBdv Land Reforms(Fixati0n of a i l i n g on Land) Second Amendmolt Act. 1972 (Tamil N@du ' Aot 20 of 1972), which was deemed;, to have o m e into force on &st March 1972.

# *"

Q-----*

r) . .

---I -_ __ _ _I_ - TzF--- . -,dm .. -- I

71

-- - - ----- -"*-%.I - - - - -..- - . L - .. , *

C

1961 : T.N. Act 581 Lano,' Reforms (Fixation . .. 1029 .

of Ceiling o~Lrcm&)i -

31. The'bnd Board sha,U, h dedihg whethe'r to %rant Mattets - :fo

or refuse permission undek section 3l;,take into consi- be conside-

deration tl~e following matter?, fnamely ^I red by the Land Board in

(i) area under plantation and area required for grami~g Or

ancillary pprposes of the plantation ; --%. ref using C ' ... . permission

under sec-

(ii)* 6rogr**ef ,fof'ext&ision o f , .#' '&4,plsntrZ@ion ? .. .; tion 31

-< < ., : >; . - -q,j,;;

33. ' ~ h ? ~ h d Board miy cancel the . .p s s ion granted Cancellstion and+fisd&bh .31-. 7 " t ' . . ' ;13t ' i i .2 $ t * : - . .

O f permis-

, r b * . , 8 f i d ' l r ? , , i~

A e sion gran-

ted under (a) on 'fie. bfeach of any cbn&t3bb.r.'~pe~ified by the sstion 31

Land Bob& h d e r section 31, or : 4 7f) i ? ~ ?

(6) if the land,.in respect of which the permission

was granted is used for ,any purpose other than for the purpose 3 f , extension, or for ancillae ,^,:'piuposes, of the pIantatiob, or c :

(c) if the person concerned has dbtained the per-

mission by fraud or misrepresentation :

t

Provided that no such permission ,hall be cancelled unless a reasonable opportunity has been given to the person likely to be affected by such cancellation to show cause against such cancellation. .^.

34. The decision of the Land Board granting or Decision ot

ref~lsing permission dnder 1 [section 3 11 or cancelling - the Land Board to be permission under '[section 331 shall be final and shall no L

be called in question in any court.

3 These expressi 011s were subs1 i i uted for the expressiolls "section 27 or 31" aqd uci=cf ion 29 or 33" respeciively by section 3 (1 1) of the Tarhil Nadu Land Reforms (Fixation of Ceilihg on Land)

Fourrh kiaantlrnent Act, 1972 (Tamil NiidhfAcD 39 of 1972), whish wan dz3aed to have co ne into force owthe &*st March 1972. '

72

1030 Iand Refbrms (Fixqtion [ 1961: .T.N. ,Act 36 of Ceiling on Lond) ..

Mbetings of 35. (1) The Land Board shall meet at such times and

Laad places and shall observe such rules of procedure in regard Board* to the transaction of business 'at its meetings as may be

prescribed.

(2) The Chairman, or in his absence, such mmber

as may be chosen hy the members present from among themselves shall preside at a meeting cl the Land Board.

(3) No me&bt:r cf the Land Board shall vote on, or take part in, the discussion of any question comin up for consideration at a meeting of the Land Board, i t the question is one in which he is directly or indirectly interested.

(4) All questions at a meeting of the Land Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or in his absence, the member presiding

shall have a second or casting vote.

(5) All communications and orders of the Land

Board shall be issued by the Secretary or by such officer subordinate to him as may be authorized by the Land

Board in this behalf.

Power of Land 36. The Land Board may, either of its own motion

Board to or on the application of any of the parties- rectify bona-

!lde mist&

es and cleri- (a) if it is satisfied that a bomfide mistake has been

c a ~ errors. rnacr~ regard to any decision, make the necessary correc-

tion therein ;

(b) at any time, correct any clerical or arithmetical

mistake in its decision. Acrt of Land 37. No act of the Land Board shall be deemed to be Board not invalid by reason 0nlj of a defect in its constitution or on

to be invali- the ground that the Chairman or any member had ceased

dated by to hold his office or by reason of such act haviqg been

i*Or*l1itY- done during the period ofany vacancy in the ofKce of tho Chairman or any membcr of the Land Board.

73

'BY

37-A. (1) If any industrial or commerical undertaking Industrial or

desires to hold or acquire any land inexess of the ceiling commercial

area, it shall make an application to -the Government undertaking ! O apply to for permission to hold pr acquire such land. Every Government

' such application sKa11 be in writing and shall contain such m m i r

particulars as may be prescribed. sion to hold

A

excess land.

Explanation.-In this section, " industrial or com- mercial undertaking " means any industrial or cornmerial undertaking (other than a co-operative society) which bonafide carries on any industrial or commercial operation.

(2) The Government may grant the permission for the whole or part of the land specified in the application subject to such conditions as they deem fit or refuse to grant such permission. The order granting such permiss- ion shall contain the particulars of the land in respect of which such permission is granted.

(3) The Government shall, in deciding whether :-

grant or refuse the peimission under sub-section (2),

take into consideration the following factors, namely :--

(a) the nature of the industrial or commercial operation ;

(b) whether the excess land is required for immediate use or use in future ;- and

(c) such other particulars as may be prescribed.

(4) Notwithstanding anything contained in this Act, no industrial or commercial undertaking which has been approved by the Government under clause (iv) of section 73 before the date of the publication of the Tamil Nadu L a ~ d Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972, in the Tamil Nadu Government Gazette, shall be entitled to hold or acquire land in excess of the ceiling area unless such industrial or commercial undertaking has obtained the permission of the Govern-

1 ment under this section in respect of such excess land. - - -. -

This Chapter was inserted by section 3 t9) of the T? mil Nadu Land Refornrs (Fixation of Cciling on Land) Second Ameirurnent Act, 1972 (Tamil Nadu Act 20 of 19721, which was deemed to have WIIIC into form on the 1st Marcn 1972.

74

603 2 Snnd Reform r (Fixd tion [ 1961: 'I'.M. Act 58 1

of Ceiling on I'nd)

(5) The Government may cancel the permission in respect of any land granted under this section on the breach of any condition specified by the Government.]

1138 to 49 8 , b de s ' i l

-.

, 1 The following Chapter V and sections 38 to 49 Wrelqmitte =tion 3 (9) of the Tamil Wadu Land Reforms (Fixation of Ceiling o Land) Amendment r Act, 1971 (Tamil Nadu Act! 41 ~11;'1971):.-.

' , , . .

&NSTI~UTIGN AND FUNCTIONS OF THE SUGAR FACTORY. BOARD. 1 . ? 1

38. Congtitutwu ,of; $lie Sugar Factory Board.-41 1 , The Gpvern- ment may constitute fg .the State a Board . called t be Tamil Nadw

Sugar Factory Board : , . r f i 1 6 7 . 2 ,

(2) Tlc ~ u ~ a i h 6 t o r y Board shall + m i s t of- :

(a) one judicial ,;'ofEcer who is or is quali-iied forjapmtment as, .Dr a !ierson who has been, a Judge of a High Court, nominated by

thtfGovemnent:~ii::.r: . . i

(b) two ik*rs'skhi, in the opinion'of the! GoVetoihent habe

knowledge in' t hetaiviinZia1 mattersr&Iating to sugar;facf;tt@ otwtp;ctrien~e ln sugarcane cultivation, , nominated by the Government; 1 * <

(c) the secretary to the Government in the Department dealing with sugar factories, ex-sRicio ; . 1

'

(d) the Director of Agriculture, ex-ofirio.

(3) The member referred to in clause (0) of sub-section (2) sha"

be the Chairma 3 of the Sugar Fact0 Eoard and the member referred 7 to in clause (c) or (dl "of the said su -section as may be nominated by

the Government shall be the Secretary to the Sugar Factory Board.

(4) (a) The term of d h e of a member referred to in clause (R)

or (b) of sub-section (2) shall be three years or such shorter period the (;over nment may ux aud srlch tlleinber shall be eligi$lr for ty:nomiaat~on.

(b) 4n.y member referred to in clause (a) or (b) of sub-section f2)shall be d w d to ha% vacated his seat if he abents himse!fwilhout excuse, sr~fficient in the opinion of the Sugar Fautory Board; frimn r he

meetings of the Su ar Factory Board for a per:od of three wnsecutive months rockonef from the date of the commencement of his term of office or of the last meeting which he attended, as the

case may be. or it, within the said period less than three meetings have been held, absents himself from three cpnsecutive meetings

k l d after the said date :

(cont),

75

- - .- . - - - - - - - r _ , . . . . C 1033 1961 : T.N. Act $81 Land Reforms (Mxotfon of Ceiling on : l and )

Provided that no meeting from which a member absents himself shall be counted agaiilrt him under this clause if due notice / of that meeting was not gveu to 52.

(5) A member referred to in clause (a) of sub-section (2) may.

at any tirne\bylnotice in writing to the Government and :+ membel

referred to in clause (6) of t.hiit sub-section, may, at any time I *?qtice in, drriting to the Chairman, resign his office, but he shall I continue in office until the nomination of his successor.

(6) (a A casual vacancy in the office of a member referred to in clause a) or (b) of sub-section (2) shall be filled by fresh nomina- tion.

2 , , ,

I I

(b) The person nominated to fill, a casual vacancy under clause (a) khall hold office for a period of?hree yars or for such shorter period as the Government may fixand be shall be eligible for r e ~ n ~ w t i o n . , + , , a $⁴¹

' 1 1 6

39. $&ct'~ofts of 'the Sugar Factory &bd.--~he Sugar Factory Board shall perform such functions as are assigned to it' by 61' under this .:Act. ' =? .; ' ; / , - I& Ip-I .-

,a,) ;:"$i .-&.+ , - , , . . . .. I! , i s , , -;@$; i;!lq

' *, * "+p( ?;*; .%fig*:& 1 % 4d..@?@~!~n ofithe Sugar Factory Bogr#,-in respect bf h i d to be used foakarl1!tTva.tiqn~of~sygc1~e413&?~~eipt of a copy of the return; additional particulars or inforq?tion, as the case may ba,

forwar&jSyif$he autharized officer us@x$pWection (4) ,of.section 9, the d3~p;lrr .Eactory board shall, .aftorWmalung such lnqutry and inspectioa doc tihe land and the existlng sugag 1 factory as it c'eems fit and after satisfying,itselt~that- he land w&~&is. &ld by I he existing sugar factory as owner and in respect of, ~gch~permission is required, could yvithl:advantage be used for the wttiva,tiw of sugercane for use in the existing sugar factory, grant the permission for the whole or part of such land and subject to ~uch~oonditions a it deems fit or refuse to grant such permission.

(2) Notwithstanding anything contained in this Act, where , any land is held by any existing s gar factory as tenant or as posses- sory mortgagee and where such land together witb the other land, if any, held by the landowner or the pdBsessory mortgagor is not in excess of the ceiling area of the 1andowB.er or the posssssory mortgagor, the Sugar Factory Board shall permit the existing sugz r factory to continue to hold such land 'on lease or on possessory mortgage on existing terms and wilditions or on such other terms and cdnditions as may be agreed to by the landowner or the possessory mortgagor and the existing sugar factory.

(3) Where the surplus land of the landowner or the possessory mortgagor or any portion thereof is held by the &sting sugar factory as ten;nt or as possessory mortgagee, the Sbgar Factory

Board may make such recomnlendation to the Govmmtnt as Jaerns fit in repard to the disposal of such surplus &lad tm@ section 94. (cow.)

76

1034 Land Reforms (Fixation of' [I961 : T.N. k t $8 Ceilhg on Land)

41. Matters to be considered by the Sugar Factor; Board when granting or refusing permission under section 40.-The Sugar Factory Board shall in deciding whether to rant or refuse permission under a sectior, 40 take into considcration t e following matters, namely :-

(a) the requirement of the existing sugar factory ;

(b) the financial structure of the existing sugar factory; and

(c) such other matters as may be prescribed.

42. Application by any existing or new sugar factory for future acquisition of land.-(i) Any exist iilg sugar factory desiring to acquire any land in excess of the ceiling area, or of the extent of land permitted to be held under section 40, or

(ii) any new sugar kctory desiring to acquire any Iand i n excess of the ceiling area,

shall make an application to the Sugar Factory Board for permission to acquire such land, Every such application shall be in writlng and shall contain--

(a) the extent and other particulars of the land proposed to be acquired and those of the land, if any, already held by the applicant^;

(b) such other particulars as may be prescribed.

43. Decisioa of the Sugar Factory Board in respect of lund to be ncqrzired by existing or new sirgar factory.-On receipt of the appli- cation under section 42, the Sugar Factory Board shall; after making such enquiry and inspection of the land and the existing or new sugar factory specified in the applicxtion as it deems fit and after satisfying itself that the land in respect of which permission is required could

with advantage be used for cultivation of sugarcane for use in tbe existing or new sugar factory, grant the permission for the whole or part of such Iand and subject to such conditions as it deems fit or refuse to grant such permission.

i ' I -

44. Matters to be considered by the Sugar Factory Board when granting or refusing verndssion under section 43.-rn $U;8;ar Factog++

Board shall, in deciding whether to grant or refuse pe%ssibn undy 'j saction 43, take into consideration the following rnatfers, namely:-- ,

i '

d .*

(t ) the situation'of the existing or new sugar factory'; , I '3 -.- - -

(b) the requi'rem$nti of the existing or new sugar factory: '

I \

( c ) such other matters as may be prescribed. _.

45. Cancel1ati'on;bf permission.-41) If it appeaytf ment that- ' ".+^I . .-

(a) the permission granted by the Sugar Factory B

under section 40 .or 43 has been obtained by misrepresermtat$o ftaud, or

77

F 1961 : T.N. Act 581 Land Reform (fixatdon @' ?3F ' h. .

Ceiling on Land)

(6) any condition specified by the Sugar Factory Board

under section 40 or 43 has been contravened, the Government shall constitute a Sugar Factory Tribunal, consisting of a Judge of a High Court and refer the matter to such Tribunal.

(2) If, on such reference, the Sugar Factory Tribunal finds

that-

(a) the permission granted under section 40 or 43 was obtained by the sugar factory concerned by misrepresentation or fraud, or

(6) any condition specified by the Sugdr Factory Board under section 40 or 43 has been contravened by the sugar factory concerned,

*-

the Sugar Factory Tribunal shall either cancel the permission or pass such other order as it deems fit :

Provided that no order shall be passed under this sub-section unless a reasonable opportunity has been given to the sugar factory

concerned to show cause against such order.

(3) The Sugar Factory Tribunal shall in deciding any reference

under this section have such powers and shall follow such prow dure as may be prescribed.

46. Decision to bf finnl in certain ctlses.--(I) Subject to the provisions of section 45, the decision of the Sugar Factory Board granting or refusing permission under section 40 or 43 shall be final

and shall not be called in question in any Court. I 8 The decision of the SugarA Factory Tribunal under section 45 shall 'be final and shall not be called m questlon in any Court.

4f. Meet? of the Sugar Fdctory Board.--(1) The Sugar Factory Boar shall meet at sxch' ti'ilheS and places and shall observe such rules of procedure in regard to the transaction of business at

,its aj&tings as may be presnibed. " ',

2 ; : . , ; ;* >-% , L 4, -* .

- - b 8 T& Chairman, or in db%&bnce such member as may be

cho& by the members present ffdW*among themselves shall preside at a meeting of the Sugar ~acto#Bpmd.

* &=+a, ,**

I (3) No m e m k of the Sugar Factory Board shall vote on,

or take part in, the discussion of any quaboa c o m g up fa con-

sideration at a meeting of the Sugllr Faow Board. if the qtiestiop

is one in which he i$ directly or in&cctly intete~ted

,)

78

1036 Laad * . . Reforms , (Fixu tioh of L4961.i . :TON* Act 58 Ceiling on Land)

(4) All questions' at'a meeting of the Sugar Factory Board shall be eecided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or in his absence, the. member presiding, shall have a second or casting vote.

( 5 ) Ail comrnu~~ications and orders of the Sugar Factory Board shall be issued by the Secretary or by such officer subordinatc to him as may be authorized by the Silgsr Factory Board ,.. this behalf.

48. 1'0 wer of Sugar Factory Board a~zcl Sirgur Factory Triblrncll to rectify bona .fide mistakes uiid cleric(11 errors.-The Sugar Factory Board or the Sugar Factory Tribunal may, either of its own motion or on ths application 01 any of tire pat ties,--- .

(a) if it is satisfied that a bow fzde mistake has been made in regard to any decision, make the necessary correction . therein ;

(6) at ally time, correct any elerical .or ari th~netical mistake in its decisi~n.

49. Act of Sugar Factory Board not ro be invalidated by ~rflor- twlity.-No zct of the Sugar Factory Board shall be deemed to be invalid by reason only cf a defect in its constitution or on the ground that the Chairman or any member had ceased to hold his office or by reason of such act having been done during the period 3f any vhcancy in the office of t llc Chairman or any member ~f tze

Sugar Factory Board, [Earlier, in section 42, the words "for cultivation of sugarcans for use in the existing or new sugar factory, shall make an appli-

ation to the Sugar Factory Board" werc substituted lor the words

"sbali make an applic~tion to he Sugar Factory Board" by section 4

af the Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

Ameadment .4ct, 1965 (Tamil Nadu Act 10 of 1965)l.

79

C

1961 : T.8. Act $81 L N I I ~ Rcfbrnls (Fixation of 1037 Ceiling on 'Land)

CHAPTER VI;?

F * *

AMOUNT PAYABLE FOR LAND ACQULREZ)]

' , A .^, , .

50: (1) Every person whose right, titie or interest in any Dotcrrnina- land, is acquired by the Government : under Chqptpter I1 tion of 2[ amou m t] shall be paid 3[an amount] according,to the rate specified land in Schedule 111 4[as in force on the date of acquisition by ~f suchr right, , , title or interest in a q L IS . such land]. the G ~ v e r n , anent.

. . , ., . A" :

i p s " '. s i x ; . 2 i i ! ' %

f c q *I! a * **. , ;I :

. ' ; ~ ! - h ~ d i n ~ . was-

: ! & + ~his"jvord was substituted for the word 6'compensatioa'" section 5(v)' (4, ibid.

. , 7 .

a These words verr substituted for the word "cornpensation" by section 5(v) (b), ibid.

r I

4 This expression was insei ted by section 4 3 ) of the Tamil Nadu Land Reforms (Fiuation of Ceiling on Land) Amendment Act, 1978 l ( ~ @ l ~ a d u Act 25 of 1978), which was deemed to have come into force on the 1st March 1972.

*The additional assessnlenl, additional. watercess or surcharge payable under the Tamil Nadu Additional Assesnent and Addi- tional Waterers Act, 1963 (Tamil Nadu Act 8 of 1963) or the Tamil

Nadu Land Revenue and Water-cess (Surcharge) hcl, 1965 (Tamjl

r ~ a d ~ A C ~ 34 of 19651, as the case may bes shall not be deemed to bc land revenue for the purpose of calculating the arrtount payable il rider firlrjl Nadu Act. 58 of 1'16 I . Please see section 17 (ii) of Tamil Nadu Act 8 of 1963 .and seciio~l 15 (vi) of Tamil Nadu A,: 14 of

1965.

80

1038 La& Rt foi3ms Fixation of [I961 : T3. Aet !#a

C(?iliilg on Land) Explrrization. -*It is hereby declared that for the C L purposes of this sub-section person" shall include family and that where any right, title or interest in any

land held by a ismily or deemcd to be held by a family under sub-section (2) of section 5, is acquired by the Government u1zdti.r Chapter IIt the amount payable

under this sub-sect ion shall be determined in respect of the whole of such right, title or interest of the f ' l y in such land as a unit, whether such right, title or interest is held individually or jointly by some or all of the mem-

bers of that family].

(2) Any person claiming any 2[amount] under sub-section (I) may 3[within thirty days] from the W e of

the publication of the notification under sub-section (1) of section 18 *[ * * * *], prefer the claim before

the authorized officer in such form and containing such particulars as may be prescribed.

'This explanation was added by section 4 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 19791, which was deemed to have come into force on the 6th April 1960.

%This word was substituted for the word "compeflsation'"

by m i o n S(v)(c) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1g79), which was deemed to have come into force on the 20th Apd

1972.

8 ~ l ~ e s e words were substituted for the word "within sixty days*' by setion 3(12) (i) (a) of the Tamil Nadu Land Reforms (Fixation

of Ceiling on Land) Fourth Amxdrnent Act, 1972 (Tamil Nadu

~~t 39 of 1972), which was deemed to-have come Into force on the 1st March 1972.

r The words "or within such further time not exceeding thirty

days authorized officer may in his discretion allow" wen omitted by section 3 ( 1 2)(i)(b), ibid. * ~ n y proceeding taken or d e r passed under Tamil Nadn &

58 of 1961 and disposed of betwvn the 2nd May 1962 and the 27th oCtober 1978 contrary to thc r-cvieiosq of the said Act as amended

by m i o n 4 of the Tamil Nadu Land Refcrms (Fixation of a& on Land) ~mendment Act, 1979 (Tamil Nadu Act 11 of 1979) rnpened fvithin a period of five years from the 27th

,978 and aisposed of in accordance with the propisions of the pa3

~~d ~ a d u Act 58 of 1961 as so amended. PIease m i o n 9

of Tamil Nadu Act 1 1 of 1979.

81

1961 : T.N. Act SB] f and Reforms.(Pixution o j 1039

? - Ceiling on Land)

(3) (a) The authorized officer shall determine :4c

amount 11 ****I a1 the szte specified in Schedule 111, and preprre 2[a draft assessment roll] in such manner and containing such particulars as may be prescribed.

He shall cause it to be published together with-

(i) a statement that the amount I[ *** ] 5 specified therein is the entire ?mount 1[ **** ] ! payable fcr all interests in the land and that subject to the

other pi-ovisions of this Act, the persons named therein are the only persons who are entirled thereto in the propor- tion stated therein, and

(ii) a notice stating t b t objections, if any, in respect of any entry in the draft may be preferred by any person in such manner as may be prescribed 3[within thirty days] from the date of the publication :

i

Z

i (6) The a11.t horiz~d 02.i~; +? 11 cause to be served on the persons whose names appear in the draft aforesaid a I copy of the draft togethcr with e copy of the said statement and of the said notice. i

1 1 The words " ot compensaticn" were omitted by sectlon 5 (v) ( d ) (A) of the Tamil ~ a d u Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979), whicb was deemed to have wme into force on the 20th April 1972. Thme words were substituted for the words "a draft compmrsa. tion assessment roll" by section 5 (v) (dl a), ibid.

i^{s ~hese} words were substituted for the words ''w4thin sixty days" by section 3 (12) (ii) fa) of the Tarnil.Nqdu Land Reforms (Fikat~on of Qif~g,'dn Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 1st Mimh 1972: . . a.4.

- ,:pd i * . ; ?$??'

" ~ k i d e d that the authorized oac(:i.*in& in his m n I

sucl~ further time not exceeding thrity days!'

&;: 7 4

82

1040 Lond R oj' (1961: T.N. Act 58 Ceil i ~ g on Land) \

(10) Not withstanding anything contdned in sub-

1042 k n d Rejor,?is (Fixntiorz of [I961 : T.N. Act 58 Ceiling on Land)

1961 : 'T.N. Act 581 Land Reform (Fixation of 1043 Ckiling on Land)

I Lu~itE Rqforins (Fixrrriun qf [I961 : T.N. Act Sll Ccilirzg orz Laird)

' y '

1046 Lard Reforms (Fi~ation of [I961 : T.N. Act SQ Ceiling on L d )

- -- Lrc. -. - - . . a

1 ?48 Land Reforms (Fixation QJ 1 IYW : I^. n. ttct JO

1961 : T.N. Act 58) Land Reforms (Fixation c l ~ 1049

1050 Land Reforms (Fixation of [I961 : T.N. At Ceiling on Lavd)

- - . * - - - - 1 _IC 1%i : T.N. A& h d Reforms (Fixation 10% of Ceiling on Lmr4

to52 Land Reforms (Fixation [I961 : T.N. Act 58 qf Ceiling on. Land)

1961 : T.N. Act 581 Land Reforms (Fixation 1053 of Ceiling on Land)

1054 Land Reformr (Fixation f1961 : T.N. Act 58 '

98

1056 Land Rejbrms (Fixcrtion 11961 : T.N. Act 58 of Ceilingboa Land)

* . . . .,

1060 Land Reforms (Fixation [I961 r T. N. Act 58 of Ceiling on Land)

2 -- . . 1961 : T.N. Act 581 Land Reforms (Exation 1059

1 (3 60 Land Reforms (Fixation [I961 ! T. N. Act 58 .