Land Reforms Act

LAND REFORMS DEPARTMENT

39. LAND REFORMS

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961 came into force on 6.4.1960. According to this, the maximum extent that one family of five members could hold was fixed as 30 (Thirty) Standard acres. For every additional member in the family, additionally five standard acre were allowed subject to a maximum of 60 (Sixty) standard acres.
2. Any female member having stridhana property was allowed to keep upto ten standard acres (as on 2.10.1962).
3. The Ceiling area was reduced from 30 (Thirty) to 15 (fifteen) Standard Acres by Act 17 of 1970. The overall ceiling limit of 60 standard acres are refixed at 40 (forty) standard cares by Act 20/72 from 1.3.1972. This was further reduced to 30 standard acres by Act 39/72 (also from 1.3.1972). Ceiling limit was fixed on Trusts (which were originally exempted) under this Act according to the character of the Trust.
4. The lands excluded and exempted from the ceiling interalia, are
Lands held on 1.3.1972 by religious institutions or religious trust of public nature
House sites and lands used exclusively for agricultural purposes.
Note: Roads, Channels and drainage Channels in cultivated lands used for the agricultural purposes should not be treated as non agricultural land.
Lands held by State / Central Government any State / Central Governments under takings or local authority.
Held by Universities.
Assigned to Land colonisation co-operative Society.
Exempted under section 37-A (Industrial / Commercial organisation) as long as the exemption is in force.
Permitted under section 37-B (Public Trust) as long as the permission continues.
Where plantations as the date of commencement of the Act are contained.
Containing orchard, Topes or arcanut gardens whether continuous or not.
Used exclusively for growing fuel (on the date of commencement of Act).
The Authorised Officer shall conduct enquiry and consider all aspects giving the land owner an opportunity to put forth his claims. He shall then decide the area in surplus and declare the lands (S.No.wise) to be taken possession of by the Government.
The land owners are paid compensation at the rate governed by Schedule III to the Land Ceiling Act ’61 as amended by Act 11/79 with a maximum rate of Rs.3500/- per acre depending upon the classification etc. Interest @ 4% is also payable on this.
These lands are then distributed to the poor, as per the priority fixed under the Act. But in between the period of taking possession of land and its distribution among the eligible poor, the land is likely to be enjoyed or cultivated. The enjoyer or cultivator so permitted shall pay lease amount to be fixed as per the Act.
Those eligible for assignment on priority are:
Persons who have been cultivating surplus lands which are declared as surplus and dispossessed of the land (This includes cultivating tenants and agricultural labour).
Service Personnel, Servicemen including those who have served in the Indian National Army or the Assam Rifles or any Para Military Force, the dependants of those persons who were killed in action.
A repatriate from Burma or Ceylon who has brought to India Assets not exceeding Rs.10,000/- (Rupees Ten thousand only)
A landless agricultural labour.
A cultivating tenant who holds totally less than 3 acres of dry or 1.5 acres of wet land.
A co-operative farming Society, subject to the ceiling fixed, etc.
The extent that could be assigned was five acres of lands, as per the Tamil Nadu Land Reforms (Disposal and Surplus Land) Rules 1965. But this was modified as 3 acres of Dry and 1.5 acres of wet (G.O.Ms.No.715, Revenue dated 24.3.1980).
The Authorised Officer shall order the assignment of land and this order shall be given effect to in the Revenue Accounts.
The beneficiary under this Act shall pay the cost of the land assigned, subject to a ceiling of Rs.350/- per acre. This amount is payable in 20 annual instalments with 5% interest.
The Taluk Tahsildars are responsible for
Collection of lease amount from the lessees (i.e.) those who were enjoying the lands declared as surplus from the date of declaration to the date of assignment).
Collection of the land value from the beneficiary in annual instalments as fixed.
To ensure that the lands exempted (on account of a specific use) continue to be used for the same purpose (If they are used for other purposes, the exemption may have to be withdrawn).
The Authorised Officer shall prepare two copies of ledger for the collection of lease amount / land value indicating therein the total amount to be paid, annual instalment etc. One copy shall be maintained in the village and the other in the Taluk Office.
The Village Administrative Officer shall make entries in the ledger as and when the amount is collected. Similarly the ledger in the Taluk Office shall be filled with reference to the remittance list received along with the chalan from the Village Administrative Officer under the signature of the Deputy Tahsildar.
The Tahsildars will collect the lease amount and the land value from the persons concerned as if arrears of Land Revenue. If necessary, the provisions of Tamil Nadu Revenue Recovery Act can be invoked. If a beneficiary does not remit the cost of the Land consecutively for three years, the Tahsildar can send a report to the Authorised Officer for cancellation of the assignment ordered. The Authorised Officer shall then take action as per rules.
The Authorised Officer shall prepare a register of exemption initially and hand it over to the Tahsildar. Exemption granted subsequently shall be entered in the register and maintained up to date.