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

Section 94

(1) Subject

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

(1) Subject. to the provisions of sub-section (2) l[and Disposal af section 94-A 1 the Government may, after taking into land scquir- consideration the objects specified in the preamble, make ed by the rules providing for the manner in which any land acquired Governme* by the Government under this Act shall be disposed of. 2r * * * * * 1 (2) (a) In the disposal of the land acquired by the Government under this Act, the G~vernment shall give preference to any person who is completely dispossessed of his holding, or whose extent of holding is reduced below S[three acres of dry land or one and a half acres of wet land] held by him partly as cultivating tenant and partly as owner or wholly as cultivating tenant, by virtue of i he provisions of this Act. 5[Explanation.-Where a person holds both dry and wet land, then, for the purpose of calculating the extent of his holding under this clause, oneacre of wet land shall be deemed ro be equal to two acres of dry land.] lThesc, words, figures and letter were inserted by section 3 (14) (a) of the Tamil Nadu Land Reforms (F:xation cf Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971). a The following proviso was omitted by section 7 (6) of the Tamil 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 27th October 1978 :- " Provided that no such rules shall come into force unless they I are approved by the Legislature." This expression was substituted for the expression "three standard acres" by section 3 (i) of the Taniil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act 8 of 1980). The following clause (b) was omitted by section 3 (14) (b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amend- ment Act, 1971 (Tam:! Nadu Act 41 of 1971) :- "(b> Where any surplus land acquired ynder this ACI is held by any existing sugar factory as tenant or as possessory mortgagee, im- mediately before the date of the acquisition, the Government sl~all, in the disposal of such land, take into consideration the recommen- dation of the Sugar Factory Board in that behalf." This explanation was added by section 3 (ii) of the amil Nadu Land Reforms (Fixation of Ceiling on Land) Second Act, 1979 (Tamil Nadu Acl 8 of 1980). L d m a n t 1066 Ldnd Reforms 11961: T.N. Act 58 (Fixat ion of Ceiling on Land) ~tlles in res- l[94-A. (1) %re any surplus land acquired by the i mt Of sum- Government under this Act was held by any sugar faf ory lu5 land immediately before the date of the acquisition, the Govern- ,by sugar fac- 4- ,ow and ac- ment shall malie arrangement for the cult ivation of such quired by l8nd with sugarcane for supply to the sugar factory Oovern wnte concerned. (2) The Government mhy make ruics in respect of the lands referred to in sub-section (I) for the cultivation of sugarcane through a corporation (including a comp: ny) owned or controlled by the State and for such other matterr in connection with the administration of such lands. (3) Notwithstanding anything contained in sub- sectioh (1) or sub-section (2), the Government m y , by notification, direct that it is not compulsory to cultivaie sugarcane in any such land as is referred to in sub-section (I) and on the issue of such notification, the land concerned may be cultivated either with sugarcane or with any other crop. (4) Nothii1.g in tVs seaion shall be construed as preventing the Government from making rules under section 94 providing for the manner of disposal of any surplus land acquired undcr this Act and held by any sugar factory immediately before the date of acquisition and accordingly, the Government may make rules under wiion 94 providing for the disposal of such land. Certain lands 94-B. (1) Notwithstanding anything contained in *@ be as section 17 or any other provision of this Act or in a.ny other want Corporation. by law for tbe time being in force, where immediately before I the date of the commencement of the Tamil + d ~ , w d :- Reforms (Fixation .of Ceiling on Land) Amtnhept a Act, ' 1971, any land is held as tenant by any sugar factmy wdep : a contrac. of tenancy which is sllbsisting and wlieii'su& - land is within the ceilitig area of the land omer c@oemd, a such land shall be &%xned to be held as tenant by the ' corporation (includi'rig a company), if any, refkred to in * sub-section-(2) of section 94-A for the . unexpired,@eriod of - \ -.L ISections 94-A, 94-B and 94-C were inserted by section 3 (15) of the Twl 'Eiadu Land Reforms Fixatipn of Ceiling on Land) Amsndrritit Act, 1971 (Tbmil Nadu Act 41 of 1971). , , . 1'7.. - . b Y . - - - - --- - - .- . - "" , Im_ .'"C. X 4.+ar-- 1961; T.J. Act 581 tdnd~&.fw~ lQ67 - (#'i#atton of Cc ilfing On l a d ) tho contract '[and for a period of 2fseven years] aftcr the expiry of such contract] and accordingly the said contract of tenancy shall force and effect agaimt the said corporation and may be enforced or acted upon as fully aod effectually - as if in the place of the sugar factory, the corporation had * been a party therctos[andthe amount of rent payable under the contract of tenancy shall be continued to be paid to tho land owner by the corporation]. (2)Nothing in this Act shall apply to any land referred to in sub-section (1) only so long as such land is deemed to be held as tenant by the corporation (including a company) under sub-section (1). 94-C. (1) Except as otherwise provided in sub-sections Exemptioc IIA .cspect of t2) and (3) of section 5 and in section 6, nothing cortqined land by in this Aa shall apply to any extent of land not exceeding ~ ~ ~ f m r y 100 standard acres held by a sugar factory solely for rosearch for research and seed farm purposes. PUW'BCS (2) The que~tion whether any land is held solely for research and seed farm purposes shall be decided by the Government]. I These words were inserted by section 2 (i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil iqadu Act 11 of 1975), which was deemed to have come into force on the 15th January 1972. These words were substituted for the words "five years" by section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu Act 21 of 1980), which was deemed to have wme into force on the1 5th January 1972. 'These words were added h* ~wtion 2 (ii) of thc T d l N ~ u Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 Tamil Nadu Act 11 of 1975), which was deemed to have axno into $ orce on the 15th January 1972. 8CfFAPTER XIV. < < & 5 < , :i MISCELLANEOUS. I . I Government, the land ,so converted shall be reduced to standard acre according to the proportion specified in the clause aforesaid, and the ceiling are2 of such person shall be fixed in accordance with tlie provisions of this Act. Decrease j n

Section 94 – The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 | DailyLaw.ai