Section 62 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
62. Authorised officer to take possession of land in excess of the cultivating tenant's ceiling area.
- On the basis of the return furnished under sub-section (1) of section 61 or on the basis of the return furnished under sub-section (2) of that section, and the additional particulars, if any, furnished under that sub-section, or on the basis of the information obtained by the authorised officer under clause (a) of sub-section 61, and the orders passed on the representation and the evidence, if any, under clause (b) of sub-section (3) of that section, the authorised officer shall, subject to such rules as may be made in his behalf and subject to the rights of the owner of the land, take possession on behalf of the Government, of the land held by the person as cultivating tenant and in excess of the cultivating tenants ceiling area:Provided that the authorised officer shall not take possession of such hand unless he has given a reasonable opportunity of being heard to the land owner and the cultivating tenant concerned:Provided further that the authorised officer shall give in such manner as may be prescribed, not less than three months notice in writing intimating the cultivating tenant of his decision to take possession of the land and the notice shall expire with the end of the agricultural year in which such notice is given:[Provided further that the authorised officer may, for reasons to be recorded in writing, permit the possession of the land held by the person as cultivating tenant and in excess of the cultivating tenant's ceiling area, if the total extent of such excess land does not exceed half an acre in the case of wet land and one acre in the case of dry land, irrespective of the assessment of such land:] [Inserted by section 3(10) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972), which was deemed to have come into force on the 1st March 1972.]Provided also that where there is any crop standing on such land on the date of the expiry of the notice aforesaid, the authorised officer may postpone taking possession of the land and permit the harvest of such crop by the person who had raised such crop.[Explanation. - Notwithstanding anything contained in this Act, for the purpose of the third proviso, "acre" means ordinary acre.] [Inserted by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1998 (Tamil Nadu Act 36 of 1998).]
