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

Section 5

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

(1) I[@) Subject to the provisions of sub-sections (3-A), (3-B) and (3-C) and of Chapter VIII, the ceiling area in the case of every person (other than the inbtitutions referred to in clauses (c) and (d) and subject to the provi- sions of sub-sections @A), (3-B), (3-C), (4) and (5) and 01 Chapter VIII, the ceiling area in the case of every fa.mily consisting of not more than fivc members shall be 15 standard acres.] (b) The ceiling area in the case of every family consisting of more than five members shall, 2[subject to the provisions of sub-sections (3-A), (3-B), (3-C), (4) and (S)] and of Chapter VIII, be 3[15 standard acres] together witl.. an additional 5 standard acres for every member of the family in excess of five. -. . . lThis clause was substituted for the following clause (a) by section 3(4)(a)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Arnendmeqt Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have come into force on the 1st March 1972:- d? "(a) Subject to the provisions of Chapter VIII, the ceiling area in the case of every person and, subject to the provisions of sub 4 sections (4) and (5) and of Chapter VIII, the ceiling area in the cm fi of every family consisting of not more than five members, shall be I standard acres. [In the said clause, for the figures and words " 30 standa the figures and words " 15 standard acres " were earlier by section 2 (2) (a) of the Tamil Nzdu Land Reforms (Reduct Ceiling on Land) Act, 1970 (Tarn11 Nadu Act 17 of 1970), whi deemed to have come into force on the 15th February 1970.1" 2~his expression was substituted for the expression ' provisions of sub-sections (4) and (5) " by sect ion 3(4) Tami! Nadu Land Reforms ~ixation of Ceiling on Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), whic deemed to have wme in to force 011 the 1 st March 1972. S13ese Egures and words were substituted for t woI& 66 30 standard acres " by section 2 (2)fa) of the Land Reforms (Reduction of Ceiling on Land) Act, vadu k t 17 uf 1970). which was deemed to have, m e into the 15th F e b w 1970, . - ' ,./L -- ***. _ n 1 1961 : T,N. Act 581 Land Reforms (Fixatiow 985 of Ceiling on Land) i l[(c) (i) The ceiling area in the case of the insti- tutions meqtioned in column (1) of the Table below and in existen& on the date of the commencement of this Act, shall be the extent specified in the corresponding entry in column (2) thereof : Provided that such extent was held by such inwltution on the date of the commencement of this Act. The Table. , (1) (2) (1) Any College affiliated to or 40 (Forty) standud acres. recognised by any University under any law or rule relating to education. (2) Any High School or equiva- 20 (Twenty) standard lent school recognised by the acres. Government or University under any law or rule relating to education. (3) Any Elementary School or 10 (Ten) standard acres. Higher Elementary Sclioal or other equivalent institutioll recognised by the Govern- ment under any law or rule relating to education. (4) Any Students' Hostc I . . 25 (Twenty-five) sta ne dard acres. (5) Any ~olytechnic Institution. 25 (Twenty-five) stan- dard acres. .--.----I . . - - . *I--. ." - - - Thkse clauses were added by section 3(4) (a) (iii) of the Tamil of Ceiling on La d) Third Amendment &t 37'of 1972),'drQip 3 was deemed to have 1st March 1972: " ' ' j ' ' 986 Land Reforms (Fixation [I961 : T.N. Act 58 of Ceiling on Land) (1) (2) (6) Any Agricultural School . . 25 (Twenty-five) stan- dard acres. (7) Any Orghanage . . . . 25 (Twenty-five) stan- dard acres. (ii3 Notwithstanding anything contained in sub- clause (i), no such institution as is referred to in that sub- clause and- (a) holding land, on the date of the comrnenm ment of this Act, less than the extent specified in the correG *'; ponding entry in column (2) of the .TabJe under su& clause (i), shall acquire by any means whatsoever,'after date, any land in excess of the extent so ,held ; and (b) holding no land at all on the date of t4t commencement of this Act, shall acquire by any meanr whatsoever, after that date, any land. r .: I 2: Exp1mtion.--In calculating the" extent of land hieb on the date of the commencement of thEs Actct, by any d the institutions mentioned above, there2ikat' of lmd ' Wi by such institiution and the extent of landi - apportio- $3 under sub-section (3-33) shall be taken into account. 9 t ' 5!*l.!j-t J . (4 (i) The ceiling area in th,,vpw ,of a i;'' ? trust of a charitable nature in existem , q j $he date 01 commencement of this Act (other than SUCK truzts u which tho institutions referred to in clause (c) (i) are I beneficiaries) shall be 5 (five) standard acres : Provided that such extent of land is held 1 such trust on the date of tl~e commencement of this Ac * (ii) Notwithstar ding anything contained in su dause (i), no such public trust of a charitable nature is referred to in sub-clause (i) and- (A) holding land on the date of the cor mencement of this Act less than five standard acres sb acquire by any means whatsoever, after that date, 4 land in excess of the extent so held ; and . . -, - - '* -= -- .*+--- ', b I ., 1961,: T.N. Act 581 Land Ref~t,,n~,~~(Flxation 2 ;? 987 .of CeiJing C! on LLanl) i j ~ ~ i ' i q j : ! (B) holding .no. la.nd2atjjall ton -the date of the cqgppFlpent*,of this Act shi)U,scq.uire by any meam wha , , ,b"IITs twe$brr ;a&r that :date, anfilqg@&, ? -.. -*I .. ., - +, #: i;j q j 4J-! . $1 . < I , "'.J ; At ; l f q f3 I * ', * ' . .*q ' 5 lii ~m@jfrdi;':the: [b&.P&Sk$i 5~ t'f#+#&. held individually by thei'rn~i%r6k'%-8fi ' . ,.:Ci'\lJ{) . . t h e sharer in the land held by an undivided Hindu family, a Maru- ma&a$taxa tarward, ;, an Aliygen.&ina family or a "i , Nambddiri.1 2 3 om shall be takeqj'nto ,account. (b) In zalculating the extent of land held by k' family or by an individual person-, the share of the family or of the individual person inc'tlre 'land held by a firm, society or association of individuals (whether incorporated or not) .or by a company (otlzcr;.than a noa-agricultural1 cornpans) shall be taken into account. Explanation.--For the purposes of this section- (a) the share of a member of a family or of an individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aliyasanthana family or i ' Nambudiri Illom, ands (b) the share of a family or of an indivndual person in the land held by a firm, society or association of individuals (wl~ether incorporated or uot), or by a company (other t haa a non-agricultural company), shall bk deemed to be the extent of land- (i) which, in case such share is held on the date of the commencement of this Act, would have been allotted to such member, person or family had such land been partitioned or divided, as the case may be, on such date , or . . 988 Land ~eforrns (Fixaric n (1961 r T.N. Act 58 of O i l i n g on Land) (ii) which, ij. c.;:~ : ~ c h share is acquired in any manner whatsoever after the date of the commence- ment of trlis Act, would be allotted to such member, person or family if a partition or division were to take place on the date of the preparation of the draft statement under sub-section (I ) of section 10. l[(3-Aj (i) For the purposes of this Act, the laild owned by a private trust shall bz deemed to be land owned 1 by the beneficiaries under the private trust and e ~ c h such beneficiary shall be deemed to be the owner of the land to the extent of the share of his beneficial interest in the said trust ; 4 (ii) In calculating the extent of land held by such beneficiary for the purpose of this Act, such extent of the share of the land as is mentioned in clause (i) shall be taken into account. I 3 Exp1~nation.-For the purpose of this sub-section, il the trustee of a private trust shall be deemed to be a benc- 4 ficiary under such private trust, if any income or part C P thereof from such private trust is enjoyed by him or his heirs or by his family or the family of his heirs ; (iii) (a) The land held by the public trust referred to in the Explanation to clause (36-A) of section 3 sl~all be deemed to be held by the foundcr or' the trust or his hcir s or the family of the foundes or of his heirs. (b) In c8~lculating the extent of land held by such founder or his heirs or such family, tlie cxtcnt of the land b l d by the public trust shall be taken into account. (iv) (a) Where any of the institutions mentioned in clause (c) of sub-section (I), is a beneficiary under a public trust, the land owned by such public trust shall be deemed to be land owned by such institution and each suqh inst tion shall be deemed to be the owner of the l&n"d for purposes of this Act to the extent of the share of the bene ficial interest in such public trust. T - - XSub-sections (3-~),,6-~) ,and (3-C) were inserted by section 3 of the '?axnil Nadu Land Refo~ms (Fixation qf C e i l h on 'i Third A nendment Act, 1972 (Tamil Nadu Act 37 of 1972), w II was deemed to have come into force on the 1st March 1972. 1 --,- -*F .. .. - ----*- . - -me*. , - - - F ! 196d T.N. AG 581 Land ~efornis' (Fixation 989 I of Ceilie on Land) (b) In calculating the egtent of land held by . such institution, such extent of the'sliare of the land as is mentioned in sub-clause (a) shall be taken into account. 6 , I ' : (3-B) (a) Notwithstanding anything contained in this Act where the income from dpbbliC trust in existence on the date of the cammencement offthis Act, is appro- priated for the establishment or maintenance of one or more ifistitotions referred to in coh&n (1) of the Table under sub-clause (i) of clause (c) of, sub-section (I), the ceiling area in the case of such pu6lic trust shall be the extent of standard acres, which is ~eqrral~ to the total extent of land, calculated in th: manner specified below for all categories of institutions :- Number of institutions in eacb: category mentioned in column (1) of the Table X; number specified in the corresponding entry in column (2) tHbkeof : Provided that such extent ,if land was held by such trust on the date of the comme$cement of this Act. (b) Notwithstanding anything contained in clause (a), no such public trust as is referred to in that clause . ,,and- (i) holding land on the:date of the commence- ment of this Act less than the &tent allowed under clause (a) shall acquire by any means whatsoever after that date, any land in excess of tlie'extent so held ; and t . I ;(ii) holding dos landi at 631: 6~ i the date of the commenCament ,of -this Act,: slid11 w@ire by any means whatsoevm dttjri that 'datee any: landrfi~t? : 7 .I.: ;. - tx.i4; . . $ , L h ~ f l ~ ~ : r j f ~ ~ ~ c , . a k;:;i? ' , t . ; i : : r 1.1 . I :I 1 ~@~@)$Notyvithstandingi I &dl&& 1-j~htained in t&i$ &t, ;nos l&~id!/sBk3l be held byr1&iy? ublic7 trust which is X created &Cidr .the%date of the comlhe Eement of this Act:] > ;.?*I jB 7 * + -. ' (41; @) ~6bject t6 the provislopa of sub-stction (5), wfieri the stridhana land held: &,any .female member of a family together with the other land hkld 6y all the members of that family, is in excess of '[lS,standard acres], the female member concerned may hold, in addition to the 1 These figures and words were substituted for the figures and words "30 standard acres" by section 2(2)(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 ifitto force on the 15th February 1970. 190 f i t Land R$o<pq,(Qxation of [I961 : T.N. Act" ~e(flJ"(i,"l ,"id) t 2 ses of clause.,(b) ofi;s,ub-section A (1) ; or . (ii)As:kss than 5 standard acres, the addition& extent of 5 standard acres allowed under clause (b) of sub: section (1) shafl b,e reduced by tble same extent as the extent of stridhana. ,lid$ 'so' held. *,$l* 4 r i ?c. J , 3 . , IZlusf , uations. (a) A~ipt+divided. Hindu family consists of t husband A, his ~ i f e landthis three sons B, C and D, the wife of B and grandsons E andd?. B is'ia major C and. D are minors, E and F are the minor son The extent of, laad !held by the undivided1 Hind is 1[40 stan&r&ib~ieq], that is.to say, A's shard share of his sans:inithe, land held by the undivided Hi family is 1[10 standard acres] each. A's w~fe. 1[15 standard: ac&s] of stridhana land and ' B'S ' wife has- 910 standard acres] of stridhana land. :$;A .{- . " 6 ___________ ___-- - --_---.------ --------I_ ., ". \ r . 1 These figurosahdlivords were substituted for the figures '' 80 standard acr& t'; " 20 standard acres ", " 30 stand and " 2Q standard acres " respectively by section 2 (2) ( Tamil Nadu Land Reforms (Reduction of Ceiling on Land) (Tamil Nadu Act 13 of 1970), which was deemed to have force on the 15th February 1970. . A . 0; " , '%**

Section 5 – The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 | DailyLaw.ai