Section 5(3) in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
(3)(a)In calculating the extent of land held by a member of a family or by an individual person, the share of the member of the family or of the individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aliyasanthana family or a Nambudiri Illom shall be taken into account.(b)In calculating the extent of land held by a family or by an individual person, the share of the family or of the individual person in the land held by a firm, society or association of individuals (whether incorporated or not) or by a company (other than a non-agricultural company) shall be taken into account.Explanation. - For the purposes of this section-(a)the share of a member of a family or of an individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aiiyasanthana family or a Nambudiri Illom, and(b)the share of a family or of an individual person in the land held by a firm, society or association of individual (whether incorporated or not), or by a company (other than a non-agricultural company),shall be deemed to be the extent of land-(i)which, in case such share is held on the date of the commencement of this Act, would have been allotted to such member, person or family had such land been partitioned or divided, as the case may be, on such date; or(ii)which, in case such share is acquired in any manner whatsoever after the date of the commencement of this Act, would be allotted to such member, person or family if a partition or division were to take place on the date of the preparation of the draft statement under sub-section (1) of section 10.[(3-A) (i) For the purposes of this Act, the land owned by a private trust shall be deemed to be land owned by the beneficiaries under the private trust and each such beneficiary shall be deemed to be the owner of the land to the extent of the share of his beneficial interest in the said trust;] [Sub-sections (3-A), (3-B) and (3-C) were inserted by section 3(4)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972) which was deemed to have come into force on the 1st March 1972.](ii)In calculating the extent of land held by such beneficiary for the purpose of this Act, such extent of the share of the land as is mentioned in clause (i) shall be taken into account.Explanation. - For the purpose of this sub-section, the trustee of a private trust shall be deemed to be a beneficiary under such private trust, if any income or part thereof from such private trust is enjoyed by him or his heirs, or by his family or the family of his heirs;(iii)(a)The land held by the public trust referred Jo in the Explanation to clause (36-A) of section 3 shall be deemed to be held by the founder of the trust or his heirs or the family of the founder or of his heirs.(b)In calculating the extent of land held by such founder or his heirs or such family, the extent of the land held by the public trust shall be taken into account.(iv)(a)Where any of the institutions mentioned in clause (c) of sub-section (1), is a beneficiary under a public trust, the land owned by such public trust shall be deemed to be land owned by such institution and each such institution shall be deemed to be the owner of the land for the purpose of this Act to the extent of the share of the beneficial interest in such public trust.(b)In calculating the extent of land held by such institution, such extent of the share of the land as is mentioned in sub-clause (a) shall be taken into account.(3-B) (a) Notwithstanding anything contained in this Act, where the income from a public trust in existence on the date of the commencement of this Act, is appropriated for the establishment or maintenance of one or more institutions referred to in column (1) of the Table under sub-clause (i) of clause (c) of subsection (1), the ceiling area in the case of such public trust shall be the extent of standard acres, which is equal to the total extent of land calculated in the manner specified below for all categories of institutions:-Number of institutions in each category mentioned in column (1) of the Table x number specified in the corresponding entry in column (2) thereof:Provided that such extent of land was held by such trust on the date of the commencement of this Act.(b)Notwithstanding anything contained in clause (a), no such public trust as is referred to in that clause and-(i)holding land on the date of the commencement of this Act less than the extent allowed under clause (a) shall acquire by any means whatsoever after that date, any land in excess of the extent so held; and(ii)holding no land at all on the date of the commencement of this Act, shall acquire by any means whatsoever after the date, any land.(3-C) Notwithstanding anything contained in this Act, [but subject to the provisions of section 37-B and section 73] [Inserted by section 4(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1985 (Tamil Nadu Act 29 of 1987)], no land shall be held by any public trust which is created after the date of the commencement of this Act.
