State of Tamilnadu- Act
Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
TAMILNADU
India
India
Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
Act 836 of 1962
- Published on 9 September 1962
- Commenced on 9 September 1962
- [This is the version of this document from 9 September 1962.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These Rules may be called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962.2. Definitions.
- In these Rules, unless the context otherwise requires,-3. Decision of question whether a person is a member of the Armed Forces.
4. [ [Substituted by G. O. Ms. No. 2828. dated the 7th September 1970.]
The notification specified in clause (31) of section 3 shall, besides being published in the [Fort St. George Gazette,] be published in the following manner, namely:-5. Form of return under section 8(1).
- The return to be furnished to the authorised officer under section 8(1) shall be in Form 2.5A. [ Manner of giving reasonable opportunity under the proviso to Explanation III to section 8(1). [Inserted by G. O. Ms. No. 2377, dated the 22nd September 1964.]
6. Mode of furnishing return in Form 2,16 or 17.
- The return in Form 2,16 or 17 shall be furnished either,-7. Notice under section 9(1) etc.
8. Manner of service of notice or order under the Act or the rules.
- Any notice or order issued or made under the Act or under these Rules shall be served on the persons concerned in the following manner, namely:-9. Manner of obtaining information under section 9(2)(a), 61(3)(a) or 102(2) (a).
- When the authorized officer has to obtain information under section 9(2)(a), 61(3)(a) or 102(2)(a), he or his agent may obtain it in the following manner, namely:-10. Manner of verification of information obtained under rule 9.
11. Procedure to be followed by the authorized officer.
12. Draft statement under section 10(1).
13. Objection and enquiry under section 10(5).
14. Demarcation of land to be declared as surplus.
15. Plotted sketch of land to be declared as surplus to be prepared.
- Before the publication of the final statement under section 12 or 14, the authorized officer shall prepare or cause to be prepared and place on record a plotted sketch showing the land declared as surplus in cases where new sub-divisions of survey fields are involved. The sketch shall be prepared after a personal inspection by the authorized officer or by an officer of the Revenue Department not lower in rank than a Revenue Inspector and empowered by the authorized officer in this behalf.16. Procedure for decision of questions of title by the authorized officer.
- In deciding questions of title in the cases referred to in section 11(1), the authorized officer shall hold a summary enquiry. The parties concerned shall be given a reasonable opportunity of being heard and of adducing any documentary or oral evidence. The authorized officer may also examine such other person or admit such other document as he considers necessary. The authorized officer shall, subject to the provisions of section 11(2), pass orders after considering the evidence in the matter.17. Final statement under section 12 or 14.
18. Procedure to be followed for rectifying bona fide mistakes and clerical errors under sections 15,36 [***] [The figures '48' was omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.] or 50 (10).
- Before ordering rectification of bona fide mistakes or clerical or arithmetical mistakes under sections 15,36,[***] [The figures '48' was omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.] or 50(10), the authority or officer concerned shall issue a notice in Form 10 to the parties who would be affected by such rectification and give them a reasonable opportunity of being heard.19. Enquiry under section 17(3).
20. Notification under section 18(1).
- The notification to be published under section 18 (1) shall be in Form 12. It shall, besides being published in the [Fort St. George Gazette,] [Now, the Tamil Nadu Government Gazette.] be published in the District Gazette of the district in which the land specified in the said notification or any part thereof is situated.21. Manner of publication of proclamation under section 18(2)(a).
- The proclamation referred to in section 18(2)(a) shall be published in English and Tamil and also in any other language of the local area, in the following manner, namely:-22. Harvest of crop standing on surplus land.
- Where there is any crop standing on the surplus land acquired by the Government under section 18 on the date of the publication of the notification under section 18(1), the authorized officer may permit the harvest of such crop by the person who had raised such crop allowing him sufficient time after the crop has become ripe:Provided that if the crop is not harvested within the time allowed by the authorized officer in this behalf, the authorized officer may himself arrange for the harvest of the crop, sell the produce, and pay the proceeds thereof to the person who had raised the crop after deducting the cost of harvest and other incidental charges.23. Cultivating tenant to continue in possession of land acquired under section 18 in certain cases.
24. Co-operative society, etc., to continue in possession of land acquired under section 18(1) in certain cases.
25. Declaration under section 19(1).
26. Returns under section 21.
27. [ Qualification of non-official members of the Land Board nominated under section 24(2)(d). [Substituted by G. O. Ms. No. 14-18, Revenue dated the 15th July 1976.]
- The two non-official members to be nominated by the Government under section 24(2)(d) to serve on the Land Board, shall be, persons having, in the opinion of the Government, knowledge of the working and development of plantations.]28.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]29.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]30. Application under section 30 and the mode of presentation.
31. Additional matter to be considered by the Land Board when granting or refusing permission under section 31.
- In deciding whether to grant or refuse permission under section 31, the Land Board shall, in addition to the matters specified in section 32, take into consideration the suitability of the land proposed to be acquired for the extension, or for ancillary purposes, of the plantation.32.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]33.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]34. Headquarters of the Land Board [***] [The words ' and the sugar Factory Board', 'and of the Sugar Factory Board' and ' or the Sugar Factory Board' omitted by G.O. Ms.No 3508, Revenue dated the 14th June 1973.] and the procedure for their meetings.
35.
[G. 0. Ms. No. 77/88, Revenue, dated the 24th March 1988]36. Remuneration and allowances to no.
- official members of the Land Board - Non-official members nominated by the Government to serve on the Land Board shall be paid, such remuneration and allowances as may be fixed by the Government.37. Travelling allowances.
- The Chairman and other members of the [Land Board] [The word 'Board' was substituted by G. O. Ms. No. 3508, dated the 14th June 1973.] [***] [The words 'and the Sugar Factory Board', 'and of the Sugar Factory Board' and 'or the Sugar Factory Board' were omitted by G. O. Ms. No. 3508, Revenue dated the 14th June 1973.] shall be entitled to the payment of travelling allowances for the journeys performed by them for the purposes of the said Board as shown below:-38. Power to appoint officers and servants of the Land Board [***] [The words 'and the Sugar Factory Board' and 'of the Sugar Factory Board' were omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.].
- The Chairman of the Land Board [***] [The words 'and the Sugar Factory Board' and 'of the Sugar Factory Board' were omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.] shall be the appointing authority in respect of the officers (other than the Secretary) and servants of such Board.39.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973]40. Claim for compensation.
41. Procedure for determination of fair rent.
42. Authorized officer may direct enquiry to be made by other officer.
43. Party to be represented by counsel or authorised agent.
44. Manner of apportionment of compensation.
45. Draft compensation assessment roll.
46. Objection under section 50(3)(a)(ii).
- The objections to be preferred under section 50(3) (a) (ii) shall be in writing and shall be presented in person or by agent or be sent by registered post to the authorized officer concerned.47. Final publication of compensation assessment roll.
- The final compensation assessment roll referred to in section 50(5) or 50(6) shall be published in the [Fort St. George Gazette.] [Now, Tamil Nadu Government Gazette.]48. Endorsement under section 50(8).
- The certificate referred to in section 50(8) shall be in Form 25 and shall be endorsed by the authorized officer within thirty days from the date of final publication of the compensation assessment roll in the [Fort St. George Gazette.] [Now, Tamil Nadu Government Gazette.]49. Disposal of claims preferred by mortgagee or charge holder on surplus land under section 51.
50. Return under section 61(1) and notice under section 61(2).
51. Procedure to be followed before taking possession of land under section 62.
52. Payment of fair rent under section 63(2).
53. Distribution of possession of land under section 64(1).
54. Manner of eviction under section 65.
- The person who has to be summarily dispossessed of the land under the provisions of section 65, shall be served with an order of eviction together with a notice indicating therein the particulars of land and the time within which the said person is required to vacate the land and also stating that if such notice is not obeyed, eviction shall be carried out by entering upon the land. Any crop or other produce raised on the land shall be liable to forfeiture.55. Return under section 69(1).
55A. [ Factors to be taken into consideration under section 37-A(3)(c). [Inserted by G. O. Ms. No. 3532. Revenue, dated the 30th December 1972.]
- The Government shall, in deciding whether to grant or refuse the permission under sub-section (2) of section 37-A, take into consideration the following factors in addition to the factors specified in sub-section (3) of the said section, namely:-56. [ Permission to undertakings to hold or acquire excess land. [Substituted by G. O. Ms. No. 3532, Revenue, dated the 30th December 1972.]
- [(1) If any industrial or commercial undertaking, desires to acquire any land in excess of the ceiling area, it shall make an application in writing to the Government in the Revenue Department in Form 36.(1-A) If any industrial or commercial undertaking desires,-(a)to hold any land acquired in excess of the ceiling area before the 25th November 2010;(b)to hold any land acquired in excess of the ceiling area after the 25th November 2010,It shall make an application in writing to the Government in the Revenue department in Form 36,-(i)within a period of one hundred and eighty days from the 25th November 2010;(ii)within a period of one hundred and eighty days from the date on which such lands were acquired through registered documents:Provided that the Government in Revenue department may admit an application presented after the expiration of the prescribed period, if the Government in Revenue department is satisfied that the applicant concerned has sufficient cause for not presenting it within the said period.]57.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]58.
[Omitted by G. O. Ms. No. 3508, Revenue, dated the 14th June 1973.]59. Manner of communication of decision or order to parties.
- Every decision or order of any authority or officer in any proceeding against which an appeal or revision is provided for by the Act shall be served in the manner specified in rule 8.60. Court- fees.
- The Court-fee payable in respect of the documents specified in column (2) of the Table below shall be the amount specified in the corresponding entry in column (3) thereof.Table| Serial No.(l) | Description of document (2) | Court-fee Rs.F. (3) |
| 1. | Objection petition in regard to the draftstatement under section 10(5) | 100 |
| 2. | Application under section 15 for rectificationof bona fide mistakes or clerical errors in the final statementpublished under section 12 or 14 | Nil |
| 3. | Application to the authorized officer fordecision under section 16(3)(a)(iii) | 100 |
| 4. | Application for deciding dispute under section17(3) | 100 |
| 5. | Application under the proviso to section 18(3)or the third proviso to section 62 for permission to harvest anycrop standing on the land acquired under section 18(1) or takenpossession of under section 62 | 100 |
| 6. | Application under section 18(5) for continuanceof possession of land acquired by Government. | 100 |
| 7. | Application to the Land Board under section 26or section 30 | 2.00 per standard acre of the land proposed to beacquired subject to a minimum fee of Rs. 10 and a maximum fee ofRs. 100. |
| 8. | Application under section 36 for rectificationof bona fide mistakes or clerical errors noticed in the decisionof the Land Board. | Nil |
| 9. | Claim application under section 50(2) | 100 |
| 10. | Objection petition in regard to the draftcompensation assessment roll under section 50(3) | 100 |
| 11. | Application under section 50(9) forrectification of bona fide mistakes in the compensationassessment roll as published finally | Nil |
| 12. | Application under section 50(10) for correctionof any clerical or arithmetical mistake in regard to any entry inthe compensation assessment roll as published finally | Nil |
| 13. | Claim application under section 51(1) | 100 |
| 14. | Application under section 63(3) for deciding anydispute relating to rent payable under section 63(2) | 100 |
| 15. | Application for distribution of possession ofland under section 64(1) | 100 |
| 16. | Application under section 66(3) for deciding anydispute arising in regard to the amount of compensation payableunder section 66(2) | 100 |
| 17. | Application under section 75 for decidingwhether any grazing land referred to in section 74 has become fitfor cultivation | Nil |
| 18. | Petition under section 84 to stay execution ofany decision- | |
| (i) To the High Court | 500 | |
| (ii) To the Land Commissioner | 250 | |
| (iii) To the Land Tribunal | 250 | |
| 19. | Application under section 99.for transfer ofproceedings from one authorized officer to another | 200 |
| 20. | Interlocutory applications in respect ofproceedings before any authority or officer not otherwiseprovided for | 100 |
| 21. | Applications or petitions other than thosespecified above and in section 108, - | |
| (a) To the Government | 200 | |
| (b) To the Land Commissioner | 200 | |
| (c) To the Land Board | 200 | |
| (d) To the Sugar Factory Board | 200 | |
| (e) To the Sugar Factory Tribunal | 200 | |
| (f) To the Land Tribunal | 200 | |
| (g) To the Authorized Officer | 100 | |
| (h) To any other officer or authority | 100 |
61. Process-fees.
- The rates of process-fees leviable for service of notices and summons on defendants, respondents and witnesses shall be calculated as follows:| Rs. | P. | ||
| (a) | When sent by registered post, for eachdefendant, respondent or witness | 2 | 25 |
| (b) | When served by anofficer of the Court -(i) On a defendant,respondent or witness(ii) On every additional defendant, respondentor witness residing in the same village if the process is appliedfor at the same time | 2 | 25 |
| 1 | 15 |
2. The travelling expenses of the process server at four paise per Kilometer shall be calculated from the headquarters of the Court to the place of service and shall be recovered from the parties, by way of Court-fee stamps in addition to process fees.
62. [ Time-limit for presenting an application for revision to the Land Commissioner under section 82. [Added by G. O. Ms. No. 1281, Revenue, dated the 23rd March 1974.]
64. [ Factors to be taken into consideration by Government under section 37-B (3) (c). [Added by G. O. Ms. No. 1210, Revenue, dated the 4th August 1987.]
- The Government shall, in deciding whether to grant or refuse the permission under sub-section (3) of section 37-B, take into consideration the following factors in addition to the factors specified in sub-section (3) of the said section, namely:-65. [ Government to grant permission under section 3-B(2). [Added by G. O. Ms. No. 1210, Revenue, doted the 4th August 1987.]
| 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 |
| Date: | Signature of the person furnishing the return. |
| 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. | ||||||
| Date: | Signature of the person furnishing the return. |
| 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 | |||||||
| 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 | |||||||
| Date: | Signature of the personfurnishing the return. |
| 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. | |||||||||
| 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 | ||||||||||
| Date: | Signature of the personfurnishing the return. |
| 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 | ||||||||
| 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) | ||||||||
| Date: | Signature of the personfurnishing the return. |
| 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) |
| Date: | Signature of the personfurnishing the return. |
| 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. | ||||||||||
Part A – . - Lands to be retained within the ceiling area-
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.Part B – Lands to be declared as surplus-
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.Form 2-A[See rule 5-A of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962]Form of Notice Under the Proviso to Explanation III to Section 8(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961)ToName.............Address..........Sri ............. has filed a return in Form 2/16/17 under section 8(1)/21(1)/21(2) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu 58 of 1961) as the person in management of the family of which you are a member, showing the particulars of the land held by him and the members of his family as on (...). The said return is binding on you and the other members of the family under Explanation III to section 8 (1) of Tamil Nadu Act 58 of 1961. You are hereby informed that you may make any representation in respect of the return on or before (....) .id adduce any documentary or oral evidence in respect thereof on the (date, time and place) which representation and evidence will be taken into consideration before the preparation of the draft statement under section 10 (1) of the Act. If no representation is made or no evidence is adduced, it will be assumed that you have no representation to make and that you have no evidence to adduce and further action will be taken on that assumption.You may peruse the said return in my office in the presence of the Superintendent during working hours on or before the date of hearing.Place:| Date: | Authorized Officer. |
| (Seal) | Signature of the Authorized Officer. |
| Date: | Authorized Officer. |
| Seal | SignatureOfficial designation. |
| (i) Head of the family | Name | Age |
| Date: | Authorized Officer. |
| 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. | A.C | |||||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Extent | Particulars of encumbrance with the and addressof the creditors | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A.C | |||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Extent | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| A.C. | ||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Extent | Particulars of the litigation pending,, with thenames of parties and the number of the case and the authoritybefore which litigation is pending | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A.C | |||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Extent | Name of the agriculture company, cooperativeSociety or land Mortgage bank holding the land | Extent of share | Name of the holder of the share | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| A.C | |||||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Government or inam | Wet or dry | If irrigation 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. | ||||||||||
| Serial numbers | District | Taluk | village | Survey number | Government or inam | Wet or dry | If irrigation 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. | ||||||||||
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Government or inam | Wet or dry | If irrigated by Government source of irrigation,name of such source and whether by direct flow or by life |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Extent | Assessment | Extent in standard | Boundaries | Details of (kachcha or pucca), masonry wells (inuse or not in use), tube wells in use | Number of trees (fruit trees, or timber, or youngones) | Particulars of tenant | Particulars of encumbrances with name and addressof the creditors | Remarks |
| (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) |
| A.C | Rs. P. |
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Government or inam | Wet or dry | If irrigated by Government source of irrigation,name of such source and whether by direct flow or by life |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Extent | Assessment | Extent in standard acres | 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 |
| (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) |
| A.C | Rs. P. |
| Date: | Authorized Officer. |
| Serial numbers | District | Taluk | village | Survey number | Extent | Purpose for which the land is now being used andfrom what date | Clause of section 73 under which exempt | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Date: | Authorized Officer. |
| Date: | Authorized Officer. |
| Date: | Authorized Officer. |