Section 8 in Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965
8. [ Procedure on receipt of applications. [Substituted by G.O. Ms. No. 1358, dated the 21st June 1979.]
(1)As soon as may be after the expiry of the time allowed for the presentation of applications for the assignment of surplus land, the assigning authority shall prepare a list of all the applications received.(2)The assigning authority shall, then, publish a notice in Form D in the manner prescribed in rule 4, and fix a date for conducting an enquiry.(3)On the date fixed for enquiry, the assigning authority shall conduct or cause to be conducted by an officer of the Revenue Department not lower in rank than a Revenue Inspector, an enquiry. The officer conducting such enquiry shall also give an opportunity to the applicants and objectors, if any, to be heard during such enquiry.(4)[ The assessing authority shall, then, consider the respective claims of the applicants and pass necessary orders in the light of enquiry conducted under sub-rule (3). If the appointment for assignment of the surplus land in Form "G" is a male member and if there is a female member in his family, the assignment of the surplus land shall be ordered in favour of the female member of the applicant in the following order:-](i)if the applicant has a wife, the assignment of the surplus land shall be ordered in the name of the wife;(ii)if there is no female member in the family of the applicant, the assignment shall be ordered in favour of the other female members in the family of the applicant (i.e.) to the dependent widowed sister or dependent widowed mother; and(iii)if there is no female member in the family of the applicant, the assignment shall be ordered in favour of the applicant (male member).The order passed by the assigning authority shall be communicated not only to all the applicants and objectors, but also to the female member, who have not applied for assignment of the surplus land including the female member who has got assignment of the land in her favour.(5)After passing orders under sub rule (4), the assigning authority shall I issue to the assignee a notice in Form E specifying the amount which the I assignee has to pay as value of the land and of the buildings and trees I thereon, if any, the number of instalments in which he can pay it, if he desires 1 to pay it in instalments instead of in a lump-sum, the amount of each instalment, the date on which each instalment is payable every year and the rate of interest payable on the outstanding instalments. The land value specified in the notice is provisional and is liable for revision, if the amount payable to the landowner in respect of the land in question is revised by, or on the order of any competent authority. The notice shall specify accordingly. The notice shall also direct the assignee to remit into the treasury, either the full amount payable, or at his option the first instalment thereof, and to produce the treasury challan, on a specified date, before the assigning authority. After the challan is produced, the assigning authority shall take action to get the deed of assignment in Form F executed by the assignee. At the time of execution of deed of assignment in Form F the assignee shall nominate, in writing, one of his legal heirs who is otherwise eligible for assignment, as the person in whose favour the assignment shall stand transferred in the event of his death before the expiry of the time limit prescribed in clause (i) of sub-rule (1) of rule 9.(6)(a)If an assignee dies after the execution of the deed of assignment in Form F, but before the expiry of the time limit prescribed in clause (i) of sub-rule (1) of rule 9, the assignment made in his favour shall stand transferred in favour of the legal heir nominated by such assignee under sub-rule (5) with effect from the date of death of the assignee. If the legal heir nominated as above is not eligible for assignment on the date of the death of the assignee or is not willing to accept, the assignment may be transferred to any one of the eligible legal heirs of the deceased assignee;(b)On such transfer of the assignment in favour of a legal heir of the deceased assignee, the provisions of these rules, shall apply as if it were an assignment made under sub-rule (4);(c)If none of the legal heirs of the deceased assignees are eligible for assignment or are not willing to take up the land on assignment, the land shall revert to the Government.(7)If an assignee dies before the execution of the deed of assignment in Form F, the assignment will be transferred in the name of an eligible legal heir of the deceased by agreement among the heirs or by drawing lots. If such deceased assignee had remitted any amount towards the value of the land, buildings and trees thereon, such amount shall be treated as paid by the legal heir in whose favour the assignment is transferred.]
