Section 10(4) in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
(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.
