Section 37B in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
37B. [ Public trust to apply to Government for permission to hold or acquire land for educational or hospital purposes. [This section was inserted by section 4(2) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1961 (Tamil Nadu Act 29 of 1987).]
- [(1) Notwithstanding anything contained in this Act, but subject to the provisions of section 73:-(a)If any public trust created before the 1st March 1972 desires to acquire any land in excess of the ceiling area or desires to hold land acquired in excess of the ceiling area; and(b)If any public trust created after the 1st March 1972 desires to acquire any land or desires to hold land acquired, for the purpose of,-(i)establishing any educational institution or hospital; or(ii)expanding any existing educational institution or hospital by way of addition to, alteration of, or improvement to, any educational institution or hospital,It shall make an application to the Government, for permission to acquire such land or for permission to hold such acquired land, as the case may be. Every such application shall be in writing and shall contain such particulars as may be prescribed:Provided that an application for permission to hold such acquired land shall be made within such period as may be prescribed,.][Explanation. [This Explanation was substituted by section 4(1)(b)(hi) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1961 (Tamil Nadu Act 29 of 1987).] - In this section,-](A)"educational institution" means any college (including engineering or medical or agricultural or veterinary college) or any school or other equivalent institution or any polytechnic institution;(B)"hospital" means any place for the reception and treatment of persons suffering from illness or injury and include any maternity home, asylum, infirmary, lying-in-hospital or any place for the reception and treatment of persons during convalescence, but does not include a dispensary.(2)The Government may grant the permission [prospectively] [This word was substituted by section 4(1)(c)] for the whole or part of the land specified in the application, subject to such conditions as they deem deem fit, or refuse to grant such permission. The order granting such permission shall contain the particulars of the land in respect of which such permission is granted.(3)The Government shall, in deciding whether to grant or refuse the permission under sub-section (2), take into consideration, the following factors, namely:-(a)the purposes and objectives of the public trust [xxx] [These words were omitted for the words 'or educational institution or hospital as the case may be ' by section 4(1)(d) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Lind) Amendment Act, 1961 (Tamil Nadu Act 29 of 1987).];(b)whether the land is required for immediate use or use in future; and(c)such other particulars as may be prescribed.(4)The Government may cancel the permission in respect of any land granted under this section on the breach of any condition specified by the Government.]
