Section 1969

Amendment status not verified — confirm the current text below against the official source.

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. 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<ate in any land and includes pelsons deriving -iehts throl~gh him; l[~&anation.--A person who has a right to eqloy the land during his lifetime shall be deenled to be a limited owner notwithstanding that he has no power to alienate the land.] (29) ''member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the union of ]lfidia and includes a seaman : Provided thai if a questioo arises whether any is a member of the Armed F o ~ c e , such question shall be decided by the Government and their decision shall be final ; 1961 : .T.NI Act 581 Land Refvms (Fixation 973 of Ceiling on Land) 1[(31) cnotified date' means the date specifiod by the Government in a notification, tvhich shall be a date afLer ihe date of the publication of tbis Am;] (32) " orchard " meam an ellclosure or' s ssemblayc of frwt or nut-bearing trees, constifutixig the main crop therein, whether of spontaneous or artificib~ gro wrh, but does not include trees on such bunds as are not within or adjunct to such enclosure or assembhgc ; ~fExplanatior2.-The expression "fruit or nut -bearing trees " shall not include plantail1 trees] ; (33) " owner "- (a) means- (ii) 2. lal~dholder a s defined in the "Tamil Niadu] Estates Land Act, 1908 (3[Tamil Nadu] Ac; I of 1908), o r a ryot as defined in that Act, or (iii) an inamdar not being a landholder defined as (b) includes- e specified in the sub-section (1) of 3 These wards were substituted for the word "Madras" by the Tamil Nadu Adaptatian of Laws Order, 1969,a as amsnded by the Tamil Naju Adspzation of Laws (Second1 Amendment), Order, 1969 (35) " plantation " means any land used for growing all or any of the following, n2 rnely, cardamom, cinchona,. CO&, rubber or tea ; 4[(36-A) "private trust" includes a trust under which the beneficiaries ere persons, who are ascertained or capable of being ascertai~led. 8 These words were added by section 3 (2) (a), ibid. mese words were added by section 2 of the Tamil Reforms (Fiwation of Ceiling on Land) Amendment Act, Nadu Act 10 of 1%5), which was deemed to have wme the 2nd May 1962. * Clause (36-A) was renumbered as clause (36-AA) and t was inserted by section 3(2)(b) of the Tamil Nadu Land (Fixation ofceiling on Land) Third Amendment Act, 1972 rucl,lu Act 37 of 1972), which was deemed to have come into on the 1st hlarch 1972. This clause was inserted by section 6(i) of the Tamil Tenancy (Amendment), Act, 1965 (Tamil Nadu Act 9 of 1E65), (ii) math ; (iii) mosque ; or (iv) church ; which is dedicated to, or for the benefit of, or used as of right by, the public as a place of religious worship ;] (37) " Schedule " means a Schedule appended to this. (38) "seaman" means every person including a master, pilot or apprentice employed or engaged as a member of the crew of a ship ar a sailing vessel to which the Merchant Shipping Act, 1958 (central Act 44 of 1958) applies ; (39) " Settlement Officer " means an o@cer appointed under sub-section (1) of section 58 ; 1 (40) " standard acre " means- (1) in any area in the State, except the transferred territory- (a) 0.8 acre of wet land assessed to land revenue at any rate above Rs. 15 per acre ; or (b) 1 acre of wet land assessed to land revenue at the rate of Rs. 10 and above but not exceeding Rs. 15 per acre,; Or (c) 1.2 acres of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre ; or (d) 1.6 acres of wet land assessed to land revenue at the rate of Rs. 5 a ~ d ab~vn hilt helow Rs. 8 per acre; or -i.---------- - ------ -_I--------..- These clauses were inserted by section 3(2)(c) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 c f 1972), which was deemed to have eome into fqrce on the 1 st March 1972. I I 976 La~zd Re forms (Fixation 11961 : T.N. Act 58 of Ceiling on Lart d) (e) 1.75 acres of wet land assessed to land reven u a r :':e rat? of Rs. 4 and a hove but below Rs. 6 per acre ; or (f) 2 acres of wet land assessed to land revenue at any rate below Rs. 4 per acre ; a; (g) 2.5 rcres of dry land assessed to land revenue at the rate of Rs. 2 and above per acre ; or (It) 3 acres of dry land assessed to land revenue rt thc rate of Rs. 1.25 and above but below Rs. 2 per acre ; or 2 2d (i) 4 acres of dry land assessed to land revenue a at any rare below Rs. 1.25 per acre ; (2) in the Kanyakurnar i distric;- (a) 1 acre of regjstered wet land irrigated by a source fcrming part of, or benefited by, any project; or . (b) 1.2 acres of registered dry la irrigated by source mentionqdin item (a) ; or * .. " i[bb] 1.6 . acres of wet l~.n?nd irr.igated by Gov mcnt source other t h ~ n a source mentioned in item (a) (c) 1.6 acres of dry land irrigated by any Gove megt souice other than a source mentioned in item (4) (d) 4 acres of dry land unilrigated by any so mentioned in item (a) or b) any other Goverment so of irrigation ; . , . (3) in the ~hencottah taluk of the Tirunelveli di&i -. (a) 1.2 acres of wet land irrigated by any river or stream or by tank fed by any river or stream1 ; or I (.?I) 1.6 a&ei of wet land irrigated by any G ment source other than s source mentioned in item (a I_C_ This item was inserted by sectior. 3(l)(b) bf the Tamil Nadu L Reformis (Fixation of Ceiling on Lanc.) Second Amendment Act, 1 (Tamil Nadu Act 20 of 1972), which was deemed to have come in force on the I st March 1972. -..- ... , - . * , *- ." '* r * d . ., h. A,- 1 S*u ', 1%1 : T.N. Act 581 Land Re forms ( E a t ion 977 sf Ceilingbtz Land) i (&) 2 acres of dry lend irrigated by any Govtm- meat source ; or . (d) acres of dry 1and.unirrigated by any source mentioned in item (a?) or by any other Government source of irrigation ; Explanation I* .-For the Rurpose of sub-clause (1) of clause (40), " land revenue " shall mean - (i) . in the case of any land in respect of which a ryotwari settlement is in force on the date of the commence- ment of this Act, the ryotw~ri assessment payable on t b t 2 .; $J&>+ t . date,,.; ; -J :-: , (ii) in the case of any iaam'land on which full assessment of revenue has been levied under the l[Tamil Act, 195fi(&[Tamil Nadu] Act XL Lx',:t*Y* (iii) in the case of any land [other than an inam land referred to in clause (ii)] in respect of which a ryotwasi settiement is not in force on the dateof the commencement of this Act, but is brought into force after that date but before. the date of publication . d- the draft statement under sub-section (5) of sec tionl0;tfieryotwari aise;jrn:ot under such settlement after it is brought into force; 10, or in the case of any inam land, the land revenue notified by the Go ernment in tEs'behalf with due regard 1 to the highest rate o ryotwari assessment payable for any land of a similar description and with similar advan- tages in tbe nearest ryotwari village: 1 These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amendmed by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969. * The additional assessment, additional water-cess or surcharge payable under the Tamil Nadu Additional Assessment and Additional Water-cess Act, 1963 (Tam11 Nadu Act 8 oi 1963) or the Tamil Nadu land Revenue and Vlater-cess (Surcharge) Act, 1965 (Tamil Nadu ~ c t 34 of 1965), as the case may be , shall not be deemed to be land revenue for the purpose of calculating standard adre under Tamil Nadu Act 58 of 1961. Please see section 17 (ii) of Tamil Nadu Act 8 af 1963 and sect ion 1 5 (vi) of Tamil Nadu Act 34 of 1965. 978 Land Re formy (Fixrtrurc I . - of Ceiling oq.wd) provided that no notifica tioa. shall be i s s ~ d under t~~ clause, unless the persons likely to be affected by such notification are given a reasolrabl@ O P P ~ ~ W ~ ~ Y to makc rrpresentation and addua evidence ln respect pf the rates prop9sed tu be specified in the notification : prc.vided furthct +bat the land revenue notified by the Govcr-mcnt under this C ~ ~ U S O shall not be fied, aotw: thrtanding th at a different rate of assessment is fixed under- (i) any settlement that may be brought into force; or (ii) the '[Tamil Nadu] hams (Assessment) Act. I Tamil Nadu] Act XL of 1956) ; 1956 ( [ I , tion of the said notification. after the date of the public' Explanation IL -b sub-clauses (2) and (3) of clause (40) wet land 99 and "dry land" shall include inam wet krnd and inam dry land respectivel~. Expldn~tion III. -For the purpose of sub-clause (2) of clause (a), "project" means any of the following irrigation systems, namel~ :- (i) Ko&yar project sy*m proper ; -- - r t . ! I. - I 961 : T.N. Act 581 Land Reforms (Fixation 979 o j Ceiling on Land) Explanation IV.-In any area in the State, except the ransferred territory, one acre of dry land- (a) irrigated by direct flow of water from any Gcvernment source of irrigation supplying wster- (i) for t& crops and above, shg.11 be-deemed to be quivalent to one area of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre ; 1 (ii) for only one crop, shall be deemed to be equiva- " lent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre, (b) irrigated by lifting water from any Government source of irrigation shall be deemed to be equivalent to one acre of wet land assessed to lmd revenue at the rate of Rs. 4 and above but below Rs. 6 per acre : Provided that the Government may, in respect of any particular area, by notification, direct. that one acre of dry land irrigated fro= any Government source of irrigation shall be deemed to be equivalent to any specified extent of any of the categories of land specified in sub-clause (1) of clause (40) on the ground of quality of the s ~ i l or on any other ground : Provided futher that such notification shall not come into force unless it is approved by the Legislature. Explanation V.--Where the land held by a person zonsists of more than one of the kinds of the land specified in clause (401, the extent of the land held by him shall, for the purposes of this A,ct, be reduceed to standard acres calculated according to the proportions specified in clause : $ , $ ' (41) " State " means the 1 [State of Tamil Nadu] ; * p <I&;;< k $.#-<+, 3 4 . < c i * .'. (42) &tridhsna iand" means ~h$l8&&hield on the date of thqu: coxhnencem~nt of this Act?byaqY + $ - . . female. member of a familFin'her own name. s l : ~ ~ .?.st.; -MY" - l,This"efpr:essiio~1;wa~ substituted for the. b ession "State of Madras" % by the TamilNadu ' Adaptati'on off Laws 2, rder;' 1969, as amended, by the~Tamil Nadu Adaptation of Laws @&&%Id Amdement) Order, 1969, . &!iJk * . : LC. . Land Reforms (Fixation 11961 : XN, Act 51 of Ceiling on h n d ) 'E(43) * * % * (45) "s~rplus land" means the land held by a perso: in excess of the ceiling area and declared to be surpiu: land under section 12,13 or 14 ; (46) "tenant" meam any person who has paid or ha: agreed to pay rent or cther consideration for his beiq allowed by another to enjoy tbe land of the latter under a tenancy agrebinent, express or implied, and includes- . . , (i) 2ny such person who continues in possession o' the land aft45 the determination of the tenancy agreement. '.-. ~ - > 4 * , ! (ii) $e heirs, assignees, legal representative of s person, cjr persons deriving rights through such perso (iii) a cultivating tenant; (47) " tope " means any land containing groups of fruit or nut-bearing trees including palmyra trres, con; stitoting the main crop in such land, whether ot'ipontanezu, or artificial growth and includes orchards, but dr c~ not include trees on such bunds ah are not withi .I or adjanct to slich groups of trees; 2[Exp?anation.-The expression " fruit or nut-beariog trees " shall not include plantain trees.] (48) "transferred territory" rneans the Kanya kumari district m d the ahen cnttah taluk of the Tirunelveli district; , i' 1 * --- *. i 1 Tne following clauses were omitted by section 3 (1) of the ~amij4 Nitdu Land Reforms (Fixation of Celling on Land) Amendmen€ Act 1971 (Tamil Nadu Act 41 of 1971):- k " (43) " sugar factory " means any factory in which sugar .& is manufactured by vacuum pan procesP and which is a company; t h (44) " Sugar Factory Board" meat s the Tamil Nadu sumt Factory Board constituted under section 38; " 4 *%% a This explanation was added by section 3 (1) of the Tamil Land Reforms (Fixation of Celling on Land) Fifth Amendment 1972 (Tamil Nadu Act 10 of 1974), which was deemed to have into fbrce on the 6th April 1960. - h ---- "dl---- ' - - ...,-*--- (---- - . A- &-A ..'?a,* * v \ 3[3-B. Notwithstanding anything contained in this Act, Certain spe- if, by virtue of the operation of the Tamil Nadu Land rg &anitL Reforms (Fixation of Ceiling on Land) Second Amend- ment Act, 1972, the total extent of land held by any person pxcecds the ceiling area, then, in relation to such person and in this Act, unless the context otherwise cement of this Act ' means (ii)-c notified date ' means the date specified by the Government in a notification, which shall be a date subsequent to the date of the publication of the Tamil - -- -. - I 1This clause was substituted for the following cIause by s~ction 3 (2) (d) of the Tamil Nadu Land Reforms (Fixation of ceihng on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have comc into force on the I st March 1972 :-- " (49) '' trust'' means trust for a public purpose of a religious or charitable, or of an educational nature, and includes any temple, math, mosque, church or other place, by whatever name known, which is dedicated to, or for the ber.efit of, or used as of right by, any community or section thereof as a place of public religious worship." J Thi3 section was inserted by sectn'on 3 (2) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971). This section wss inserted by section 3 (2) of the Tamil Nadu Land Ref~tms 6 (Fixation of Ceiling on Lan'd) Second Aaendment Act, 1972 (Tamil Nadu Act 20 of 1972), which was deemed to have come intorforce on the 1st March 1972. - 982 Lank: RC f d . ( ~ i & t i o n 11961 : T.N. Act 58 of Ce iling on'land) Nadu Land Reforms (FixeLtion of Geiling on Land) Second Amendment Act, 1972, in the Tamil Nadu Government I Gazette.] Certain special 1[3-C. ~otwithstakdin~ anything contained in this definitions. Act, if, by virtue of the operation of the Tamil Nadu Land Reforms (Fixation of .ailing on Land) 'I'hird Amendment Act, 1972, the total extent of land held by any 'person exceeds the ceiling area; then, in relation to such person and in this Act, unless the context otherwise requires,-- (i) 'drte of the commencement of this Act' means the 1st day of March 1972 ; (11) ' notified date ' means the date specified by the Government in a notification, which shall be s date sub- sequent to the date of publication of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amend- .. ., , . ment Act, 1972, in the Tamil Nadu Government Gazette.] 0 Certain spe- [3-D. Notwithstar ding anything contained in this cia1 defini- Act, if, by virtue of the operation of the Tamil Nadu, Land t ions. Reforms (Eixa~ion of Ceiling on Land) Bourth ~mendhent Act, 1972, the total extent of land held by any person exceeds the ceiling area, then, in relation to such person and in this Act, unless the context otherwise requires;- (i) 'date of the cokencement of this Act9 meah the 1st day of March 1972';. a ; i . , 2 ; ) I t 9 i (ii) ' notified date ' means the date s cified by the Government in a npt$6ation, which shall a ' d,?i~ &!- sequent to the date.of $be p~~blication of the Tarml-Vau, Land Refo-ms (Bixation : of Ceiling on- Land) a + E i ? o ~ ~ Amendment Act, 1972, l-in. the Tamil Nadu a .Gayarprnent Gazette.] ' <. it: -',".: , .. >f<i~jj~i;:f> 1 . . i ,.~.d .: , :: ,+.d?ffI . ? % : : *. ' :