Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 29] [Entire Act]

State of Tamilnadu - Section

Section 5 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

5. [ Ceiling area. [[Substituted for the original clause (a) by section 3(4)(a)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have come into force on the 1st March 1972.

'(a) Subject to the provisions of Chapter VIII, the ceiling area in the case of every person and, subject to the provisions of sub-sections (4) and (5) and of Chapter VIII, the ceiling area in the case of every family consisting of not more than five members, shall be 30 standard acres. In the said clause, for the figures and words '30 standard acres' the figures and words '15 standard acres' were earlier substituted by section 2(2)(a) of the Tamil Nadu Land (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have come into force on the 1st March 1972).]]
(1)1(a) Subject to the provisions of sub-sections (3-A), (3-B) and (3-C) and of Chapter VIII, the ceiling area in the case of every person (other than the institutions referred to in clauses (c) and (d) and subject to the provisions of sub-sections (3-A), (3-B), (3-C), (4) and (5) and of Chapter VIII, the ceiling area in the case of every family consisting of not more than five members shall be 15 standard acres.]
(b)The ceiling area in the case of every family consisting of more than five members shall [subject to the provisions of sub-sections (3-A), (3-B), (3-C), (4) and (5)] [[Substituted for 'subject to the provisions of sub-sections (4) and (5)' by section 3(4)(a)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have come into force on the 1st March 1972.
'(a) Subject to the provisions of Chapter VIII, the ceiling area in the case of every person and, subject to the provisions of subsections (4) and (5) and of Chapter VIII, the ceiling area in the case of every family consisting of not more than five members, shall be 30 standard acres. In the said clause, for the figures and words '30 standard acres' the figures and words '15 standard acres' were earlier substituted by section 2(2)(a) of the Tamil Nadu Land (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972), which was deemed to have come into force on the 1st March 1972).]] and of Chapter VIII, be [15 standard acres] [Substituted for the figures and words '30 standard acres ' by section 2(2)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling* on Land) Act, 1970 (Tamil Nadu Act 17 of 1970) which was deemed to have come into force on the 15th February 1970.] together with an additional 5 standard acres for every member of the family in excess of five.
(c)[ (i) The ceiling area in the case of the institutions mentioned in column (1) of the Table below and in existence on the date of the commencement of this Act, shall be the extent specified in the corresponding entry in column (2) thereof: [Added by section 3(4)(a)(iii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972) which was deemed to have come into force on the 1st March 1972.]
Provided that such extent was held by such institutions on the date of the commencement of this Act.
  (1) (2)
(1) Any College affiliated to or recognised by anyUniversity under any law or rule relating to education. 40 (Forty) standard acres.
(2) Any High School or equivalent school recognisedby the Government or University under any law or rule relating toeducation. 20 (Twenty) standard acres.
(3) Any Elementary School or Higher ElementarySchool or other equivalent institution recognised by theGovernment under any law or rule relating to education. 10 (Ten) standard acres.
(4) Any Student's Hostel. 25 (Twenty-five) standard acres.
(5) Any Polytechnic Institution 25 (Twenty-five) standard acres.
(6) Any Agricultural School 25 (Twenty-five) Standard acres.
(7) Any Orphanage. 25 (Twenty-five) standard acres.
(ii)Notwithstanding anything contained in sub-clause (i), no such institution as is referred to in that sub-clause; and-
(a)holding land, on the date of the commencement of this Act, less than the extent specified in the corresponding entry in column (2) of the Table under sub-clause (i), shall acquire by any means whats over, after that date, any land in excess of the extent so held, and
(b)holding no land at all on the date of the commencement of this Act, shall acquire by any means whatsoever, after that date, any land.
Explanation. - In calculating the extent of land held on the date of commencement of this Act, by any of the institutions mentioned above, the extent of land held by such institution and the extent of land apportioned under sub-section (3-B) shall be taken into account.]
(d)
(i)The Ceiling area in the case of a public trust of a charitable nature in existence on the date of the commencement of this Act (other than such trusts under which the institutions referred to in clause (c)(i) are the beneficiaries) shall be 5 (five) standard acres:
Provided that such extent of land is held by such trust on the date of the commencement of this Act.
(ii)Notwithstanding anything contained in sub-clause (i), no such public trust of a charitable nature as is referred to in sub-clause (i) and-
(A)holding land on the date of the commencement of this Act less than five standard acres shall acquire by any means whatsoever, after that date, any land in excess of the extent so held; and
(B)holding no land at all on the date of the commencement of this Act shall acquire by any means whatsoever, after that date, any land.
(2)For the: purposes of this section, all the lands held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be held by the family.
(3)
(a)In calculating the extent of land held by a member of a family or by an individual person, the share of the member of the family or of the individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aliyasanthana family or a Nambudiri Illom shall be taken into account.
(b)In calculating the extent of land held by a family or by an individual person, the share of the family or of the individual person in the land held by a firm, society or association of individuals (whether incorporated or not) or by a company (other than a non-agricultural company) shall be taken into account.
Explanation. - For the purposes of this section-
(a)the share of a member of a family or of an individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aiiyasanthana family or a Nambudiri Illom, and
(b)the share of a family or of an individual person in the land held by a firm, society or association of individual (whether incorporated or not), or by a company (other than a non-agricultural company),
shall be deemed to be the extent of land-
(i)which, in case such share is held on the date of the commencement of this Act, would have been allotted to such member, person or family had such land been partitioned or divided, as the case may be, on such date; or
(ii)which, in case such share is acquired in any manner whatsoever after the date of the commencement of this Act, would be allotted to such member, person or family if a partition or division were to take place on the date of the preparation of the draft statement under sub-section (1) of section 10.
[(3-A) (i) For the purposes of this Act, the land owned by a private trust shall be deemed to be land owned by the beneficiaries under the private trust and each such beneficiary shall be deemed to be the owner of the land to the extent of the share of his beneficial interest in the said trust;] [Sub-sections (3-A), (3-B) and (3-C) were inserted by section 3(4)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972) which was deemed to have come into force on the 1st March 1972.]
(ii)In calculating the extent of land held by such beneficiary for the purpose of this Act, such extent of the share of the land as is mentioned in clause (i) shall be taken into account.
Explanation. - For the purpose of this sub-section, the trustee of a private trust shall be deemed to be a beneficiary under such private trust, if any income or part thereof from such private trust is enjoyed by him or his heirs, or by his family or the family of his heirs;
(iii)
(a)The land held by the public trust referred Jo in the Explanation to clause (36-A) of section 3 shall be deemed to be held by the founder of the trust or his heirs or the family of the founder or of his heirs.
(b)In calculating the extent of land held by such founder or his heirs or such family, the extent of the land held by the public trust shall be taken into account.
(iv)
(a)Where any of the institutions mentioned in clause (c) of sub-section (1), is a beneficiary under a public trust, the land owned by such public trust shall be deemed to be land owned by such institution and each such institution shall be deemed to be the owner of the land for the purpose of this Act to the extent of the share of the beneficial interest in such public trust.
(b)In calculating the extent of land held by such institution, such extent of the share of the land as is mentioned in sub-clause (a) shall be taken into account.
(3-B) (a) Notwithstanding anything contained in this Act, where the income from a public trust in existence on the date of the commencement of this Act, is appropriated for the establishment or maintenance of one or more institutions referred to in column (1) of the Table under sub-clause (i) of clause (c) of subsection (1), the ceiling area in the case of such public trust shall be the extent of standard acres, which is equal to the total extent of land calculated in the manner specified below for all categories of institutions:-Number of institutions in each category mentioned in column (1) of the Table x number specified in the corresponding entry in column (2) thereof:Provided that such extent of land was held by such trust on the date of the commencement of this Act.
(b)Notwithstanding anything contained in clause (a), no such public trust as is referred to in that clause and-
(i)holding land on the date of the commencement of this Act less than the extent allowed under clause (a) shall acquire by any means whatsoever after that date, any land in excess of the extent so held; and
(ii)holding no land at all on the date of the commencement of this Act, shall acquire by any means whatsoever after the date, any land.
(3-C) Notwithstanding anything contained in this Act, [but subject to the provisions of section 37-B and section 73] [Inserted by section 4(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1985 (Tamil Nadu Act 29 of 1987)], no land shall be held by any public trust which is created after the date of the commencement of this Act.
(4)
(a)Subject to the provisions of sub-section (5), where the stridhana land held by any female member of a family together with the other land held by all the members of that family, is in excess of [15 standard acres] [Substituted for the figures and words '30 standard acres ' by section 2(2)(b) of the Tamil Nadu (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.], the female member concerned may hold, in addition to the extent of land which the family is entitled to hold under sub-section (1), stridhana land not exceeding 10 standard acres:
Provided that where any extent of stridhana land held by a female member is included in the extent of land which the family is entitled to hold under sub-section (1) and in case where the extent so included is-
(i)10 or more than 10 standard acres, she shall not be entitled to hold any stridhana land in addition to the extent so included; or
(ii)less than 10 standard acres, she may hold, in addition to the extent so included, an extent of stridhana land, which together with the extent so included, shall not exceed 10 standard acres.
(b)Where the extent of stridhana land held under clause (a) by any female member of a family consisting of more than five members-
(i)is 5 or more than 5 standard acres, she shall not be deemed to be a member of that family for the purposes of clause (b) of sub-section (1); or
(ii)is less than 5 standard acres, the additional extent of 5 standard acres allowed under clause (b) of sub-section (1) shall be reduced by the same extent as the extent of stridhana land so held.
Illustrations
(a)An undivided Hindu family consists of husband A, his wife and his three sons B, C and D and the wife of B and grandsons E and F. B is a major and C and D are minors. E and F are the minor sons of B. The extent of land held by the undivided Hindu family is [40 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have, come into force on the 15th February 1970.], that is to say, A's share and the share of his sons in the land held by the undivided Hindu family is [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] each. A's wife has [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] of stridhana land and B's wife has [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] of stridhana land.
For the purpose of ceiling A's family and B's family will each constitute a separate [section 3(14)].As family consists of himself, his wife and his minor sons C and D. If the share of A in the land held by the undivided Hindu family, namely, [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] is included within the [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] allowed under sub-section (1) of section 5, the wife's stridhana land to the extent of [5 standard acres] may be included to make up [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] [section 5(4)]. [The wife can hold, in addition, 5 standard acres as stridhana land. All the members of A's family wall, therefore, be together entitled to hold 20 standard acres and the remaining 25 standard acres will be treated as surplus land] [Substituted by Tamil Nadu Act 17 of 1970, which um deemed to have come into farce on the 15th February 1970.].B's family consists of himself, his wife and his minor sons E and F. If the stridhana land of B's wife, namely, [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into farce on 15.2.1970.] is included within the [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 staridard acres', '50 standard acres', '50standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] allowed under sub-section (1) of section 5, the share of B and his sons in the land held by the undivided Hindu family to the extent of [5 standard acres] [Substituted for '20 standard acres','[50 standard acres', '20 standard acres', '50 standard acres', '50 standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] maybe included to make up [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50standard acres ' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] [section 5(4)]. All the members of B's family will, therefore, be together entitled to hold [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50 standard acres ' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] and the remaining [5 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15.02.1970.] will be treated as surplus land.
(b)A family consists of husband and his wife. The husband is a member of an undivided Hindu family and his share in the land held by the undivided Hindu family is [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres','50 standard acres', '10 standard acres' and '50 standard acres' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The wife has stridhana land of [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres ' and '50 standard acres ' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. If the entire stridhana land of [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres ' and '50 standard acres ' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] held by the wife is included within the [15 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres' and '50 standard acres' respectively by sections 2 (2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] allowed under sub-section (1) of section 5, then, an extent to 5 standard acres of the share of the husband in the undivided Hindu family may be included to make up 15 standard acres. 5 standard acres will be treated as surplus land and the wife is not entitled to hold any additional extent of stridhana land [section 5(4)].
But, if the [10 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] which is the share of the husband in the undivided Hindu Family is included within the [15 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] allowed under sub-section (1) of section 5, then, an extent of [5 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land of the wife could also be included to make up [15 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The wife may retain additional [5 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land [section 5(4)]. [There will be no surplus land.] [Substituted for 'Ten standard acres will be treated as surplus land' by section 2(2)(d)(ii)(b) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]
(c)A Muslim family consists of the husband, his wife and his two minor sons. The wife has [15 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and'40 standard acres ' respectively by section 2( 2)(e) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land and the minor sons have no property. The husband has [25 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and '40 standard acres ' respectively by section 2(2)(e) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. If the entire extent of land which the family is entitled to hold under sub-section (1) of section 5 consists of the land owned by the husband only, then, the wife can hold additional [10 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and '40 standard acres' respectively by section 2(2)(c) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] [section 5(4)]. The remaining [15 standard acres] [Substituted Tamil Nadu Act 17 of 1970 which was deemed to have come into force on the 15th February 1970.] will be treated as surplus land.
(d)A Christian family consists of the husband, his wife and his two minor sons. The husband, and the minor sons have no property. The wife has stridhana land of [20 standard acres] [Substituted for the words '40 standard acres ', '30 standard acres' and '10 standard acres ' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The family can retain [15 standard acres] [Substituted for the words '40 standard acres ', '30 standard acres' and '10 standard acres ' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The remaining [5 standard acres] [Substituted for the words '40 standard acres', '30 standard acres' and '10 standard acres' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] will be treated as surplus land and the wife is not entitled to hold any additional extent of stridhana land [section 5(4)].
(5)Notwithstanding anything contained in sub-section (1) and in sub-section (4) and in Chapter VIII, the total extent of the land held or deemed to be held by any family [shall, in no case, exceed 30 standard acres] [Substituted for 'shall in no case exceed 40 standard acres' by section 3(2) of the Tamil Nadu Land Reforms (fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into o force on the 1st March 1972 (The figures and words'40 standard acres' were earlier substituted for the figures and words '60 standard acres' by section 3(3) 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.].
(6)In calculating the extent of land held or deemed to be held by any person, the extent of land which may revert to such person, immediately after the death of any limited owner shall, during the lifetime of the limited owner, be excluded.