Section 10 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
10. Preparation and publication of draft statement as regards land in excess of the ceiling area.
(1)On the basis of the return furnished under sub-section (1) of section 8 and the basis of the representation and evidence under the proviso to Explanation III to sub-section (1) of section 8 or on the basis of the return furnished under sub-section (1) of section 9 and the additional particulars, if any, furnished under that sub-section, or on the basis of the information obtained by the authorized officer under clause (a) of sub-section (2) of section 9 and the orders passed on the representation and the evidence, if any, under clause (b) of sub-section (2) of section 9, as the case may be, the authorized officer shall, subject to the provisions of sub-section (2), (3) and (4) and after making such enquiry as he deems fit, prepare a draft statement in respect of each person holding or deemed to have held land in excess of the ceiling area. Such draft statement shall contain the following particulars, namely:-(i)the name and address of the person;(ii)particulars of all land held by such person and the total extent of such land;(iii)particulars of the members of the family and of the stridhana land held by each female member of the family;(iv)particulars of any interest either in the land held by a trust or in the income from such land reserved in his favour or in favour of any member of his family;(v)[ [***] [Omitted by section 3(5)(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).](vi)particulars of land-(a)interspersed among plantations, or(b)contiguous to any plantation, in existence [on the date of the commencement of this Act] [Substituted for 'on the 6th day of April 1960' by section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974), which was deemed to have come into force on 6th April 1960.] in any area [***] [The words 'other than a hill area' were omitted by section 3(6) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).] and which land such person desires to hold for extension or ancillary purposes, of the plantation;(vii)particulars of encumbrances, if any over the land together with the name and address of the creditor;(viii)particulars of the land which such person desires to retain within the ceiling area;(ix)the extent of the ceiling area of the person;(x)particulars of the land which may be comprised within the ceiling area;(xi)particulars of the land held by tenant if any and the name and address of such tenant;(xii)particulars of the land proposed to be declared as surplus land; [and] [Added by section 3(5)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).](xiii)[ [***] [Omitted by section 3(5)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).](xiv)such other particulars as may be prescribed.(2)(a)For the purpose of calculating for the first time [after the date of the commencement of this Act] [Inserted by Tamil Nadu Act 17 of 1970.], the ceiling area of a family holding land on the date of the commencement of this Act in excess of [15 standard acres] [Substituted for the figures and words '30 standard acres' by section 2(5)(a)(ii) of the Tamil Nadu Land Reforms (Reduction on Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970).], the authorized officer shall take into account only those members of that family who are alive on the notified date. But, for the purpose of calculating the ceiling area of such family for the second or for any subsequent time, the authorized officer shall take into account only those members of that family who are alive on the date of the preparation of the draft statement under sub-section (1).(b)For the purpose of calculating the ceiling area of any other family [for the first time after the date of commencement of this Act, or for any subsequent time] [Substituted for the words 'for the first or for any subsequent time' by section 2(5)(b) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970).], the authorized officer shall take into account only those members of that family who are alive on the date of the preparation of the draft statement under sub-section (1).(3)If any person has failed to specify the particulars of the land which he desires to retain within his ceiling area, the authorized officer shall, as far as practicable, specify in the draft statement, the land which is capable of easy and convenient enjoyment as the land to be retained by such person within his ceiling area.(4)If any person has specified the particulars of the land which he desires to retain within his ceiling area, the authorised officer shall, as far as practicable, [but subject to the provisions of sub-section (4-A) and (4-B), declare the same land as comprised within his ceiling area:] [Inserted by section 3(1)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act 1972 (Tamil Nadu Act 7 of 1974).]Provided that where, in the opinion of the authorised officer, the utility of any land or part thereof held by any person has been diminished by any wilful act of such person, after the date of the commencement of this Act, the authorized officer shall declare such land or any part thereof as comprised within his ceiling area:Provided further that the authorized officer shall, subject to such conditions as may be prescribed, declare the share of any person in the land held by any agricultural company, a co-operative society or a land mortgage bank, or any part of such share as comprise within the ceiling area:Provided also that, subject to the above provisions, the land which the authorized officer proposes to declare as surplus land under clause (xii) of subsection (1) shall, as far as practicable, be such as is capable of easy and convenient enjoyment.[(4-A) Notwithstanding anything contained in sub-section (4), where the transfer or partition of any land has been declared to be void under section 22, it shall be the duty of the authorised officer to include, subject to the provisions of sub-section (4-B), such land within the ceiling area of the transfer or the person effecting the partition, as the case may be, as if no such transfer or partition had taken place:Provided that in respect of the land so included nothing in this sub-section shall affect the rights of the transferee or of the person in whose favour the partition was effected.] [Inserted by section 3(1)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act 1972 (Tamil Nadu Act 7 of 1974).](4-B) Where the transfer of any land has been declared to be void under section 22 and where the extent of the land so transferred is in excess of the ceiling area of the transferor, the land so transferred shall be included within the ceiling area of the transferor in the following order of preference:-(i)firstly, land transferred to a person who was landless immediately before that date of such transfer and who was not related to the transferor or any member of his family;(ii)secondly, land transferred to a cultivating tenant who was cultivating that land immediately before the date of such transfer;(iii)thirdly, land transferred to a person who was not related to the transferor or any member of his family; and(iv)land transferred to others.Explanation. - In this sub-section, "landless person" means a person who does not hold any land.(5)The draft statement shall be published and a copy thereof shall be served on the persons concerned, the tenants, creditors and all other persons who, in the opinion of the authorised officer, are interested in the land to which such draft statement relates, together with a notice stating that any objection to the draft statement shall be preferred [within thirty days] [Substituted for the words 'within sixty days ' by section 3(5)(b)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).] from the service of such notice. The authorized officer shall duly consider any objection received within the time specified in the said notice from the persons on whom a copy of the draft statement has been served or any objection received [within thirty days] [Substituted for the words 'within sixty days ' by section 3( 5)(b)(i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).] from the date of the publication of the draft statement from any other person. The authorized officer shall, after giving the objector a reasonable opportunity of being heard and of adducing evidence, if any, and, subject to such rules as may be made, pass such order as he deems fit.[***] [This proviso was omitted by section 3(5)(b)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).]
