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State of Tamilnadu - Section

Section 65 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962

65. [ Government to grant permission under section 3-B(2). [Added by G. O. Ms. No. 1210, Revenue, doted the 4th August 1987.]

(1)On receipt of the application in Form 38, the Government may, after taking into consideration the factors specified in sub-section (3) of section 37-B and those specified in rule 65, grant the permission sought for.
(2)The permission so granted shall be, subject to the following conditions, namely:-
(i)If the land proposed to be acquired by the public trust is required for the establishment of any educational institution or hospital, the land shall be fully utilised for establishment 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 establishment within a period of five years from the date of the order granting permission;
(ii)If the land proposed to be acquired by the public trust is required for future expansion of any existing educational institution or hospital by way of addition to, alteration of, or improvement to, any educational institution or hospital, 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;
(ii)[(a) If the land held by the public trust is intended for raising agricultural produce to be used for the inmates of the educational and hospital trust, 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. A substantial portion of such produce shall be utilised for the main or ancillary purpose of such public trust;]
(iii)The public trust shall, at all reasonable times, allow the lands to be inspected by an officer authorised by the Assistant Commissioner (Land Reforms) to verify whether the conditions subject to which permission is granted or whether such other conditions as may be specified by the Government by general or special order are complied with and in case they are not complied with, he shall report the matter to the Government, through the Land Commissioner, for such action as the Government may deem fit;
(iv)The public trust shall furnish any information called for by the Government or by any officer subordinate to the Government;
(v)In the event of the public trust ceasing, it shall inform the Government about such ceaser and the Government may, either suo motu or on receipt of such information, make such enquiry as they deem fit and cancel the permission:
Provided that before such cancellation, the public trust shall be given a reasonable opportunity of being heard;
(vi)If, at any time, the public trust 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 on 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 the transferee an opportunity of being heard;
(vii)
(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 public trust concerned shall intimate the diversion of the purpose to the authorised officer within thirty days from the date on which such diversion of purpose takes place;
(b)the authorised 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;
(viii)The public trust shall maintain accounts for the income derived from the Educational Institutions/hospitals for which permission was granted and for the expenditure thereon. The expenditure shall be supported by authenticated vouchers. The public trust shall at all reasonable times, allow such account and vouchers to be inspected by the Assistant Commissioner (Land Reforms) or an officer authorised by him to verify whether the income derived from the educational institution/hospital for which the permission was granted, is utilised for the purpose for which the permission was granted and in any case where such officer is satisfied that any portion of the income derived from the educational institution or hospital is utilised for any purpose other than the purpose for which permission was granted, he shall report the matter to the Government through the Land Commissioner, for such action as the Government may deem fit;
(ix)The public trust shall comply with such other conditions as the Government, may, from time to time, by general or special order specify;
(x)In the event of the cancellation of permission by Government for violation of any of the conditions subject to which the permission is granted, the provisions of the Act shall apply to the land in respect of which the permission was granted and action shall be taken under that Act accordingly by the authorities concerned.]
Form 1[Omitted]Form 2(See rule 5)Form of Return to be Furnished under Section 8(1) of the Tamil Nadu Land Reforms (Fixation Of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961)
(1)Name and address of the person by whom the land is held or deemed to have been held.
(2)Name and address of the person furnishing the return.
(3)
(a)If the return is not furnished by the person holding the land, is the person's written authorization to furnish the return enclosed?
(b)If the person specified in item (1) is a minor, lunatic, idiot or is subject to a like disability, is the person specified in item (2)
(i)his guardian;
(ii)his manager; or
(iii)the person in charge of such person or of the property of such person ?
(c)If the person specified in item (1) is a company or other corporate body, is the person specified in item (2) competent to act for such company or body in this behalf?
(d)If the return relates to a family, is the person specified in item (2), in management of such family or of the property of such family ?
(4)If the return relates to a family, particulars of the members of the family-
As on the 15th February 1970 Name and Age As on the Notified date Name and Age
(i) Head of the family 1
(ii) Wife/husband 1
(iii) Minor sons 1
(iv) Unmarried daughters. 2
(v) Minor grandsons in the male line whosefather and mother are dead. 1
(vi) Unmarried grand-daughters in the male linewhose father and mother are dead. 1
(vii)Whether in the case of minor sons or minor grandsons governed by Hindu Law, a partition by means of a registered instrument has taken place or in respect of whose family properties a preliminary decree for partition has been passed before the notified date.
(viii)Whether in the case of unmarried daughters and unmarried grand-daughters governed by Hindu Law, in whose favour any land had been voluntarily transferred by either of whose parents or grand-parents on account of natural love and affection or in whose favour a preliminary decree for partition has been passed before the notified date.
(ix)Whether in the case of minor sons, unmarried daughters, minor grand-sons and unmarried grand-daughters governed by any law other than Hindu Law, in whose favour any land, has been voluntarily transferred by either of whose parents or grand-parents on account of natural love and affection or in whose favour a preliminary decree for partition has been passed before the notified date.
(x)Whether after the 15th February 1970, but before the notified date, any land has been partitioned by means of a registered instrument, and if so, the extent of the land so partitioned.
(xi)Whether after the 15th February 1970, but before the notified date, any land has been voluntarily transferred by any parent or grand-parent on account of natural love and affection, to any minor son, unmarried daughter, minor grand-son or unmarried grand-daughter in the male line, and if so, the extent of the land so transferred.
(xii)Whether after the 15th February 1970, but before the notified date, any voluntary transfer of land to any educational institution or hospital of a public nature solely for the purpose of such institution or hospital has been made, and if so, the extent of the land so transferred.
(5)Have particulars of all land held or deemed to have been held in the State of Tamil Nadu, by the person specified in item (1) on the 15th February 1970, been furnished in Annexure A ?
(6)
(a)Is there any encumbrance on the land included in Annexure A and if so
(b)Have particulars of the encumbrance been furnished in Annexure B?
(7)
(a)Is there any litigation pending in respect of any land included in Annexure A and, if so,
(b)have particulars of the litigation been furnished in Annexure-C?
(8)
(a)Is there any arrears of land revenue in respect of any land included in Annexure A and, if so,
(b)have particulars of such arrears and of the proceedings pending for collection of the arrears been furnished in Annexure D ?
(9)
(a)Has any land included in Annexure A been leased out to tenants and, if so,
(b)have particulars of such land been furnished in Annexure E ?
(10)
(a)Is exemption claimed under section 73 of the Act in respect of any land included in Annexure A and, if so,
(b)have particulars of such land been furnished in Annexure F ?
(11)
(a)Is permission under section 27, 31 or 43 of the Act required in respect of any land included in Annexure A and, if so,
(b)have particulars of such land been furnished in Annexure H ?
(12)
(a)Has any lard included in Annexure A been disposed of after the 15th February 1970 and, if so,
(b)have particulars of such land been furnished in Annexure I ?
I have furnished in Annexure J, the particulars of land which is desired to be retained within the ceiling area and the land which is desired to be declared as surplus.I have declared that to the best of my knowledge and belief, the information furnished in the form and in Annexures A to J is a full and complete information of the entire holding of the person or family specified in item (1) within the State of Tamil Nadu and that the said person or family or any member of the family does not hold any other agricultural land either individually or jointly with others within the State of Tamil Nadu.Place:
Date: Signature of the person furnishing the return.
ToThe Authorized Officer............Form 2Annexure AParticulars of all land held or deemed to have been held on the 15th february 1970
Serial number District Taluk Village Survey number Government or inam Wet or dry
(1) (2) (3) (4) (5) (6) (7)
             
If irrigated by Government Source of irrigation,name of such source and whether by direct flow or by lift Extent Assessment Extent in standard acres Details of building (Kachcha or pucca) masonrywells (in use or not in use) tube wells in use Number of trees (fruit bearing or timber or youngones) Remarks
(8) (9) (10) (11) (12) (13) (14)
A C. Rs. P.
             
Note. - (1) The particulars in this Annexure should be furnished in two parts under different sections as shown below:-Section I - Land held as owner.Section II - Land held as possessory mortgagee.Section III - Land held as tenant.Section IV - Land held as intermediary.Section V - Land held as trust land in which any interest is held.Section VI - Sridhana land held by female members of the family.
(2)In the case of land included in sections II, IIJ, and IV, the name and address of the possessory mortgagor or the land owner or the tenant, as the case may be, with the particulars of the period of lease, etc. and in the case of trust land, the particulars of interest reserved in favour of the person concerned or of any member of his family shall be furnished in column (14).
(3)If the land for which particulars are furnished above, is not a registered sub-division, boundaries of it, for any identification should be mentioned in column (14).Place:
Date: Signature of the person furnishing the return.
Form 2Annexure BParticulars of encumbrances on the land included in annexure A
Serial number District Taluk Village Survey number Extent Particulars of encumbrances with the name andaddress of the creditors Remarks
(1) (2) (3) (4) (5) (6) (7) (8)
          AC    
               
Place:Date:Signature of the person furnishing the return.Form 2Annexure CParticulars of any Pending Litigation in Respect of the land included in Annexure A
Serial number District Taluk Village Survey number Extent Particulars of the litigation pending, the casenumber, the name of the Court and the name of the parties Remarks
(1) (2) (3) (4) (5) (6) (7) (8)
          AC    
               
Place:
Date: Signature of the personfurnishing the return.
Form 2Annexure DParticulars of the arrears of land Revenue or Attachment or Restraint on Alienation in Force in Respect of Land Included in Annexure A
Serial number District Taluk Village Survey number Extent Amount of arrears Particulars of proceedings pending for collection Particulars of attachment Particulars of restraint on alienation Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
          AC Rs. P.        
                     
Place:Date:Signature of the person furnishing the return.Form 2Annexure EParticulars of Land Leased out to Tenants
Serial number District Taluk Village Survey number Extent Name and address of the tenant Date of expiry of tenancy Rent payable Whether the tenant himself cultivates, the landleased out and if not, the name of the person cultivating suchland Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
          AC          
                     
Place:
Date: Signature of the personfurnishing the return.
Form 2Annexure FParticulars of Land in Respect of Which Exemption is Claimed Under Section 73 of The Act
Serial number District Taluk Village Survey number Extent Purpose for which the land is now being used andfrom what date Clause of section 73 under which exemption isclaimed Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9)
          AC      
                 
Form 2Annexure G
(Omitted)Form 2
Annexure HParticulars of Land For Which Permission is Required under Section 31 of the Act
(1)Particulars of land-
S.No District Taluk Village Survey number Extent Purpose for which the land is to be used If the lands are required for extension orancillary purpose of a plantation in existence of 15th February1970 in any area Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9)
              Whether the land is interspersed among suchplantations Whether the land is contiguous to any suchplantation  
              (a) (b)  
                   
(2)If the land is required for dairy farming or livestock breeding-
(a)Number of heads of cattle owned and their breed.
(b)Special features of the cattle.
(c)Status and previous experience of the person.
(d)Other particulars, if any.
(3)If the land is required for extension or for ancillary purposes of plantation, extent of plantation in existence on the 15th February, 1970Place:
Date: Signature of the personfurnishing the return.
Form 2Annexure 1Particulars of Land included In Annexure A Which Have Been Disposed of on After the 15th February 1970.
Serial numbers District Taluk village Survey number Extent How disposed of To whom disposed of end his address Date of disposal Remarks
(1) (2) (3) (4) (5) (6)A.C (7) (8) (9) (10)
                   
Place:
Date: Signature of the personfurnishing the return.
Form 2Annexure JParticulars of Land Desired to be Retained Within the Ceiling Area and Particulars of Land Desired to be Declared as Surplus Land.
Serial numbers District Taluk village Survey number Government or inam Wet or dry If irrigated by Government source of irrigationname of such source and whether by direct flow or by life Extent Assessment Extent in standard acres Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
                A.C Rs.P.    
                       
Note. - The particulars in this Annexure should be furnished in two parts under different sections as shown below:-