Land Reforms  

Act & Amendments
 

Ceiling

 

Ceiling under Principal Act

 

Ceiling under Amended Act ( Currently Applicable )

 

Exemption

 

Exclusion

 

Compensation

 

Assignment

 

Section 37-A    /     Section 37-B

Authorities - District and their Jurisdiction
Performance
 

Land Reforms

 

Announcement of Hon'ble Minister for Revenue for the year 2011-2012

 

Section 37-A 

   Section 37-B

Act & Amendments 

Ceiling

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58/61) was enacted with a view to reduce the disparity in the ownership of the agricultural land and concentration of such land with certain persons and to distribute such land among the landless poor.

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 came into effect on the 6th day of April, 1960, wherein the ceiling area for a family consisting of five members had been fixed as 30 standard acres. For every additional member of the family consisting of more than five members, an additional extent of 5 standard acres was allowed in addition to the ceiling area of 30 standard acres, subject to the overall ceiling of 60 standard acres. As on the date of the commencement of the Act (i.e.) 6.4.60, any female member of the family having lands in her own name, will be entitled to hold stridhana property upto a ceiling of 10 standard acres. The notified date of the said Act was 02.10.1962. The reference date for holding of land was as on 06.04.1960.

With a view to increase the number of beneficiaries by acquisition of the agricultural lands held by the big landowners in excess of the ceiling area and for the distribution of such lands to the landless and other rural poor, reduction of ceiling on land was introduced in the year 1970, by amending the Parent Act, by the Act 17/70 to the effect that the ceiling area fixed earlier at 30 standard acres has been reduced to 15 standard acres. The notified date of the Act was 02.10.1970. The reference date for holding of land was as on 15.02.1970.

It may be seen from the Parent Act, that exemptions were granted under the Principal Act for the lands grown with sugarcane and the lands used exclusively for grazing purposes. With a view to achieve the object of distribution of ceiling surplus lands to the landless and rural poor, the exemption granted under the Principal Act (Tamil Nadu Act 58/61) for lands grown with sugarcane and grazing lands were ordered to be withdrawn by amended Act, 41/71 with effect from 15.01.1972.

The overall ceiling area of 60 standard acres, as fixed under the Parent Act, 58/61 has been refixed at 40 standard acres through an amended Act called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1971 (Tamil Nadu Act 20/72). This Act also came into effect from 01.03.1972.

Subsequently, by another amended Act, viz., Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39/72), the overall ceiling limit was further reduced from 40 standard acres to 30 standard acres. This Act also came into effect on the 1st day of March 1972. Even though the Trusts were not attracted by the provisions of the Parent Act, 58/61, ceiling limit has been fixed for the Trusts through Tamil Nadu Land Reforms(Fixation of Ceiling on Land) Third Amendment Act, 1971 (Tamil Nadu Act 37/72) according to the character of the Trusts. To sum up, as on date, 30 standard acres of land is the maximum extent of land that a family can hold in the State.

 

Ceiling Area

    As per Principal Act

PERSON / FAMILY

 

Family consisting of not more than 5 members

30 standard acres

For each additional member

  5 standard acres

Overall ceiling area

40 standard acres

ADDITIONALLY STRIDHANA LAND

 

Female members holding land on the date of commencement of the Act

10 Standard Acres

          

    As per Amended Act

           ( Currently Applicable )

 

a) Person or Family

Family consisting of not more than 5 members

15 standard acres

For each additional member

5 standard acres

Overall ceiling area

30 standard acres

ADDITIONALLY STRIDHANA LAND

Female members holding land on the date of commencement of the Act

10 Standard Acres

b) Companies

Industrial / Commercial undertaking

15 standard acres

c) Public Trusts

CRUCIAL DATE : 01-03-1972

Religious

Exempted

Charitable

5 standard acres

Hospital

As per norms

Educational

As per norms

 

 

The Land Reforms Act also provides certain exemption and exclusion while determining the holdings of the land owner as below:-

Exemption

  • Section 73 (vi) all plantations in existence on the date of the commencement of the Act

    • provided that such plantations shall be exempted only so long as they continue to be plantations.

  • Section 73 (vii) lands converted on or before the 1st day of July 1959 into orchards or topes or arecanut gardens, whether or not such lands are contiguous or scattered.

    • provided that such lands shall be exempted only so long as they continue to be orchards, topes and arecanut gardens.

  • Section 73 (viii) any land used exclusively for growing fuel trees on the date of commencement of the Act.

    • provided that such land shall be exempted only so long as such land is used for such purpose.

Exclusion

Section 3 (22)  “Land” means agricultural land that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes forest land, pasture land, plantation and tope, but does not include house-site or land used exclusively for non-agricultural purposes

 

Compensation

  • The land owner is entitled to get compensation  200 times of assessment on the land.

Assignment

Maximum area

Dry land  3.00 acres

Wet land 1.50 acres

Conditions

 

Not to be alienated within a period of  20 years

After 20 years the SC/ST assignees cannot sell the lands to other than SC/ST, as the case  may be.

Entire land value has to be paid

Land Value

240 times of assessment on the land

 

 

SECTION 37-A

GRANT OF PERMISSION TO INDUSTRIAL or COMMERCIAL UNDERTAKINGS TO ACQUIRE or HOLD LAND ACQUIRED IN EXCESS OF CEILING

  1. Permission under section 37-A of the Act to be obtained from the Government. Application is to be filed in Form 36 prescribed under the rules 

  2. The High Court in the year 2002 held - prior permission for purchasing the lands is mandatory

  3. Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land without approval to obtain Government permission

  4. Application within 180 days to hold any land acquired in excess of the ceiling area purchased  before 25.11.2010, and within 180 days from the date of purchase of lands acquired after 25.11.2010

  5. The following documents should be produced:-
                   i)  Certificate of Incorporation and MoA
                   ii)  Project report
                   iii)  Patta or chitta copy or sale deed document copy
                   iv)  Annual Reports of the company for last 3 years
                   v)  Survey No.-wise land details both within ceiling limit and excess covered u/s 37-A of  the Act
                   vi)  Copies of licenses / permissions / certificates issued by the concerned authorities for the project

 

SECTION 37-B

GRANT OF PERMISSION TO EDUCATIONAL INSTITUTIONS AND
HOSPITALS RUN BY PUBLIC TRUST

  1. To obtain permission from the Government under section 37-B of the Act. Application is to be filed in Form 38 prescribed under the rules

  2. The High Court in the year 2002 held - prior permission for purchasing the lands is mandatory

  3. Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land without approval to obtain Government permission

  4. Application within 180 days to hold any land acquired after the crucial date (1.3.1972) and before 25.11.2010, and within 180 days from the date of purchase of lands acquired after 25.11.2010

  5. The following documents should accompany the application::-

  1. Trust deed

  2. Copies of sale deed, patta copy or chitta copy

  3. Audited Balance sheet for the last 3 years

  4. Order of affiliation / approval issued by the competent authority for running the educational institution

  5. Details of land held by the Trust (Survey No. & Extent-wise details)  

 

Authorities implementing the above Acts in the District and their Jurisdiction

Sl. No.

Desigination

Headquarters

Jurisdiction

1

Assistant Commissioner (Land Reforms)

Mayiladuthurai

Thanjavur / Tiruvarur and Nagapattinam

2

Assistant Commissioner (Land Reforms)

Tirunelveli

Tirunelveli / Thoothukudi / Kanniyakumari and Virudhunagar

3

Assistant Commissioner (Land Reforms)

Villupuram

Villupuram / Kancheepuram / Tiruvallur / Vellore / Cuddalore and Tiruvannamalai

4

Assistant Commissioner (Land Reforms)

Tiruchirapalli

Tiruchirapalli / Karur / Ariyalur / Pudukottai and Perambalur

5

Assistant Commissioner (Land Reforms)

Erode

Erode / Coimbatore / The Nilgiris / Dharmapuri/ Salem / Namakkal / Krishnagiri and Tiruppur

6

Assistant Commissioner (Land Reforms)

Madurai

Madurai / Ramanathapuram / Theni / Dindigul and Sivagangai

 

Performance under Land Reforms

A) Surplus, assigned and number of beneficiaries

           a

           Surplus (from inception to till date)

2,08,442 acres

           b

           Lands assigned

1,90,723 acres

                      from 1964-65 to 2000-01

1,79,678 acres

                      from 2001-02 to 2005-06

8,351 acres

                      from 2006-07 to 2010-11

2,059 acres

                      from 2011-13 onwards

635 acres

           c

           Number of beneficiaries

1,50,935           

           d

           Allotted for public purpose

9,609 acres

           e

           Lands to be allotted (covered by Court proceedings)

8,130 acres

 

B) Announcement of Hon'ble Minister for Revenue for the year 2011-2012

 

Surplus lands assigned, proper sub-division and issue of F-patta
in Periyammapatti village, Palani taluk, Dindigul District

Survey and sub-division work completed in minor circuit fields
(Special Survey team 15 members)

2200 acres approx

Enquiry of assignees and encroachers

in progress

C)  i.  PERFORMANCE UNDER SECTION 37-A (as on 31-1-2014)

Orders issued by the Government granting   permission

165

Extent involved

45,057 acres

No. of applications received from Government after amendment 25.11.10

167

No. of proposals pending in Government for orders

17

 

 

    ii)  PERFORMANCE UNDER SECTION 37-B (as on 31-1-2014)

Orders issued by the Government granting   permission

Prior to amendment

112

After amendment

    2

No. of applications pending after amendment

503

No. of proposals pending in Govt. for orders

  59

( 37-A and 37-B Notification   /   Form 36    &    Form 38 )

 

 

Designed & Developed and Updated by TSUNAMI PROJECT MANAGEMENT UNIT, Revenue Administration    I    Disclaimer
Ezhilagam, Chepauk, Chennai 600 005, Tamil Nadu, India
E-Mail   landref@tn.nic.in