Section 56 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
56. [ Permission to undertakings to hold or acquire excess land. [Substituted by G. O. Ms. No. 3532, Revenue, dated the 30th December 1972.]
- [(1) If any industrial or commercial undertaking, desires to acquire any land in excess of the ceiling area, it shall make an application in writing to the Government in the Revenue Department in Form 36.(1-A) If any industrial or commercial undertaking desires,-(a)to hold any land acquired in excess of the ceiling area before the 25th November 2010;(b)to hold any land acquired in excess of the ceiling area after the 25th November 2010,It shall make an application in writing to the Government in the Revenue department in Form 36,-(i)within a period of one hundred and eighty days from the 25th November 2010;(ii)within a period of one hundred and eighty days from the date on which such lands were acquired through registered documents:Provided that the Government in Revenue department may admit an application presented after the expiration of the prescribed period, if the Government in Revenue department is satisfied that the applicant concerned has sufficient cause for not presenting it within the said period.](2)On receipt of the application, the Government may, after taking into consideration the factors specified in rule 55-A, grant permission to hold or acquire the whole or part of such land, if in their opinion, the undertaking bona fide carries on any industrial or commercial operation.(3)The permission so granted shall be, subject to the following conditions, namely:-(i)If the land held by the industrial or commercial undertaking is intended for raising agricultural produce-(a)the permission shall be for a period of three years, but the Government may, from time to time, extend the permission for a further period not exceeding three years at a time; and(b)a substantial portion of such produce shall be utilised for the main purpose of the undertaking or for ancillary purposes of such undertaking.(ii)If the land held by the industrial or commercial undertaking is required for mining operations to be carried out at a future date, the permission shall be in force only as long as such operations are carried on under any licence or lease granted under the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act LXVII of 1957), and the rules made thereunder and as long as the licence or the lease is in force.(iii)If the land held by the industrial or commercial undertaking is required for future expansion of the undertaking, the land shall be fully utilised for such expansion within such period as the Government may, from time to time, by general or special order, specify. In the absence of such an order, the land shall be utilised for such expansion within a period of five years from the date of the order granting permission.(iv)If the land is required by the industrial or commercial undertaking for any purpose other than the purposes referred to above, the undertaking shall comply with such conditions as the Government may specify in the order granting such permission.(v)The industrial or commercial undertaking shall comply with such other conditions as the Government may, from time to time, by general or special order, specify.(vi)The industrial or commercial undertaking shall, at all reasonable times, allow the land to be inspected by an officer of the Revenue Department not lower in rank than a Revenue Inspector to verify whether the conditions subject to which the permission has been granted or whether such other conditions as may be specified by the Government by general or special order, are complied with and in any case where such officer, is satisfied that any of the conditions subject to which permission is granted has not been complied with, he shall report the matter to the Government through the Land Commissioner, for such action as the Government may deem fit.(vii)The industrial or commercial undertaking shall furnish any information called for by the Government or by any officer subordinate to the Government.(viii)In the event of the industrial or commercial undertaking ceasing to carry on the industrial or commercial operation, the undertaking shall forthwith inform the Government about such cesser and the Government may, either suo motu or on receipt of such information, make enquiry as they deem fit and cancel the permission:Provided that before such cancellation, the undertaking shall be given a reasonable opportunity of being heard.(ix)If, at any time, the industrial or commercial undertaking is transferred, the transferor and the transferee shall, within thirty days from the date of such transfer, intimate the fact of transfer to the Government and the Government may, after making such enquiry as they deem fit,-(a)pass ail order directing that the permission already granted to the transferor shall operate in favour of the transferee on the same terms and conditions subject to which the permission was granted to the transferor, with effect from the date of the transfer for the unexpired period of the permission; or(b)cancel the permission, after giving to the transferee, an opportunity of being heard.(x)(a)If the land in respect of which permission has been granted is used for any purpose other than the purpose for which permission was granted, the industrial or commercial undertaking concerned shall intimate the diversion of the purpose to the authorized officer within thirty days from the date on which such diversion of purpose takes place.(b)The authorized officer shall, on receipt of such intimation, inspect the land and make such enquiry as he deems fit and if he is satisfied that the land is not used for the purpose for which the permission was granted or for any ancillary purpose, he shall report the matter to the Government through the Land Commissioner for such action as the Government may deem fit.]
