Amendment status not verified — confirm the current text below against the official source.
(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). .lo16 "iund 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 C C 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. 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 of 1 197P), which was deemed to have con& intd'f6rck on the 27th October .1978. : 1. 8 These words were substituted for the words "such compensationy' by section 5 (i) (a) (B) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Larid) Amendment Act, 3979 (Tamil Nadu Act 11 of 1979), which was deemed to have come into force on the 20th April 1972. 4 The words " of compensation'' were omitted by section 5 (i) (6) of the Tanlil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979), which was .deemed to have come into force on the 20th April 1372. 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