Bare ActsThe Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

Section 1974

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

('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. 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 $W date of thg preparation of the draft statement unde~.siib-bction (1). lThis word was added by section 3 (5)(i) of the:Tamil. Nadu .#. '* Land Reforms (Fixation of Ceiling on Land) Arneq-t Act, 1971 (Tamil Nadu Act 41"of 1971). r i L.! a The following clause was omitted by section 3 (5) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Ndu Act 41 of 1971) :-- "(xiii) insthe case of an existing sugar factory, also the ~=ti- culars (of the land V c h such sugar factory- (a) holds as owner, and (6) holds otherwise than as owner and the basis on which such land is heldil . . . and which such sugar factory desires to hold for the cultivation of sugarcane for use in the sugar factory ; and " a These words were inserted by secti Nadu Land Reforms Reduction of (Tamil Nddu Act 17. of 1970), which w into force on the 15th February 1970. 4 These figures and words were subs words "30 standard acres" by section 2 (5 Land Reforms-(Reduction of Ceiling o Nadu Act 17 of 1970), which was deemed to the 15th Fsbruary 1970. 5 These words were substituted for the for any subsequent time": by section 2 (S)(b) of the Tamil Nadu Laqd Reforms (Redudtion of Ceiling on Lmd) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force - on the 15th February -1970. - - - - - A - " . . . -a - & *w&*:- -- 3 e~ifid%$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 su~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. 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 sbll 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

Section 1974 – The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 | DailyLaw.ai