Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - recent amendments

LAND REFORMS
Act & Amendments:

  • Ceiling
  • Ceiling under Principal Act
  • Ceiling under Amended Act (Currently Applicable)
  • Exemption
  • Exclusion
  • Compensation
  • Assignment
  • Section 37-A/Section 37-B
Authorities - District and their Jurisdiction:

Performance:
  • Land Reforms
  • Announcement of Hon'ble Minister for Revenue for the year 2011-2012
  • Section 37-A 
  • Section 37-B
Act & Amendments 

Ceiling:

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58/61) was enacted with a view to reduce the disparity in the ownership of the agricultural land and concentration of such land with certain persons and to distribute such land among the landless poor.

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 came into effect on the 6th day of April, 1960, wherein the ceiling area for a family consisting of five members had been fixed as 30 standard acres. For every additional member of the family consisting of more than five members, an additional extent of 5 standard acres was allowed in addition to the ceiling area of 30 standard acres, subject to the overall ceiling of 60 standard acres. As on the date of the commencement of the Act (i.e.) 6.4.60, any female member of the family having lands in her own name, will be entitled to hold stridhana property upto a ceiling of 10 standard acres. The notified date of the said Act was 02.10.1962. The reference date for holding of land was as on 06.04.1960.

With a view to increase the number of beneficiaries by acquisition of the agricultural lands held by the big landowners in excess of the ceiling area and for the distribution of such lands to the landless and other rural poor, reduction of ceiling on land was introduced in the year 1970, by amending the Parent Act, by the Act 17/70 to the effect that the ceiling area fixed earlier at 30 standard acres has been reduced to 15 standard acres. The notified date of the Act was 02.10.1970. The reference date for holding of land was as on 15.02.1970.

It may be seen from the Parent Act, that exemptions were granted under the Principal Act for the lands grown with sugarcane and the lands used exclusively for grazing purposes. With a view to achieve the object of distribution of ceiling surplus lands to the landless and rural poor, the exemption granted under the Principal Act (Tamil Nadu Act 58/61) for lands grown with sugarcane and grazing lands were ordered to be withdrawn by amended Act, 41/71 with effect from 15.01.1972.               

The overall ceiling area of 60 standard acres, as fixed under the Parent Act, 58/61 has been refixed at 40 standard acres through an amended Act called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1971 (Tamil Nadu Act 20/72). This Act also came into effect from 01.03.1972.
Subsequently, by another amended Act, viz., Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39/72), the overall ceiling limit was further reduced from 40 standard acres to 30 standard acres. This Act also came into effect on the 1st day of March 1972. Even though the Trusts were not attracted by the provisions of the Parent Act, 58/61, ceiling limit has been fixed for the Trusts through Tamil Nadu Land Reforms(Fixation of Ceiling on Land) Third Amendment Act, 1971 (Tamil Nadu Act 37/72) according to the character of the Trusts. To sum up, as on date, 30 standard acres of land is the maximum extent of land that a family can hold in the State.

Ceiling Area - As per Principal Act

 PERSON / FAMILY
Family consisting of not more than 5 members
30 standard acres
For each additional member
5 standard acres
Overall ceiling area
40 standard acres
 ADDITIONALLY STRIDHANA LAND
Female members holding land on the date of commencement of the Act 
 10 Standard Acres



As per Amended Act -(Currently Applicable)

 (a) Person or Family
Family consisting of not more than 5 members
15 standard Acres
 For each additional member
5 Standard Acres
 Overall ceiling area
30 standard acres 
 ADDITIONALLY STRIDHANA LAND
 Female members holding land on the date of commencement of the Act 
 10 Standard Acres

 (b) Companies
 Industrial /Commercial Undertaking
 15 Standard Acres

 (c) Publict Trusts
 CRUCIAL DATE : 01-03-1972
 Religious
 Exempted
 Charitable
 5 standard acres
 Hospital
 As per norms
 Educational
 As per norms


The Land Reforms Act also provides certain exemption and exclusion while determining the holdings of the land owner as below:-

Exemption:
  • Section 73 (vi) all plantations in existence on the date of the commencement of the Act
             provided that such plantations shall be exempted only so long as they continue to be plantations.

  • Section 73 (vii) lands converted on or before the 1st day of July 1959 into orchards or topes or arecanut gardens, whether or not such lands are contiguous or scattered.
              provided that such lands shall be exempted only so long as they continue to be orchards, topes and               arecanut gardens.
  • Section 73 (viii) any land used exclusively for growing fuel trees on the date of commencement of the Act.
             provided that such land shall be exempted only so long as such land is used for such purpose.

 Exclusion:
  • Section 3 (22)  “Land” means agricultural land that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes forest land, pasture land, plantation and tope, but does not include house-site or land used exclusively for non-agricultural purposes.
 Compensation:
  • The land owner is entitled to get compensation  200 times of assessment on the land.
Assignment:

 Maximum Area
 Dry Land 3.00 Acres

 Conditions


 Land Value







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