Section 5 in Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
5. Ceiling limit.
(1)Subject to the other provisions of this section,-(i)in the case of every person (other than a family and an industrial undertaking), the ceiling limit shall be,-(A)Where the vacant land is situated in an urban agglomeration falling within category I specified in Schedule I, five hundred square metres;(B)Where the vacant land is situated in an urban agglomeration falling within category II specified in Schedule I, one thousand five hundred square metres;(C)Where the vacant land is situated in an urban agglomeration falling within category III specified in Schedule I, two thousand square metres;(ii)in the case of every family, the ceiling limit shall be as specified below:-(A)Where the vacant land is situated in an urban agglomeration falling within category I specified in Schedule I and,-(a)where the family consists of two members, one thousand square metres;(b)where the family consists of three members, one thousand five hundred square metres;(c)where the family consists of four or more members, two thousand square metres;(B)Where the vacant land is situated in an urban agglomeration falling within category II specified in Schedule I, and where the family consists of two or more members, three thousand square metres;(C)Where the vacant land is situated in an urban agglomeration falling within category III specified in Schedule I, and where the family consists of two or more members, four thousand square metres;(iii)in the case of every industrial undertaking, the ceiling limit shall be,-(A)where the vacant land is situated in an urban agglomeration falling within category I, specified in Schedule I, two thousand square metres;(B)where the vacant land is situated in an urban agglomeration falling within category II, specified in Schedule I, three thousand square metres;(C)where the vacant land is situated in an urban agglomeration falling within category III, specified in Schedule I, four thousand square metres.(2)Where any person holds vacant land situated in two or more categories of urban agglomerations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,-(a)(i)in the case of a person other than an industrial undertaking or a family as is referred to in sub-clause (ii) or sub-clause (iii), one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to three square metres of vacant land situated in an urban agglomeration falling within category II and four square metres of vacant land situated in an urban agglomeration falling within category III;(ii)in the case of a family consisting of three members, one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category II and two and two-third square metres of vacant land situated in an urban agglomeration falling within category III;(iii)in the case of a family consisting of four or more members and in the case of an industrial undertaking, one square metre of vacant land situated in an urban agglomeration falling within category I shall be deemed to be equal to one and a half square metres of vacant land situated in an urban agglomeration falling within category II and two square metres of vacant land situated in an urban agglomeration falling within category III;(b)one square metre of vacant land situated in an urban agglomeration falling within category II shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban agglomeration falling within category III.(3)Notwithstanding anything contained in sub-section (1), where any person with the object of development of vacant land for sale by allotment of plots of land to others, has by himself, or through any other person, obtained before the commencement of this Act, the sanction of the appropriate authority for the lay out of such vacant land held by such person, then the person so holding the land shall be entitled to continue to hold such vacant land:Provided that such person shall not transfer any such vacant land or part thereof by way of sale, mortgage, gift, lease or otherwise to any person who already owns a dwelling unit or any vacant land which together with the land to be transferred by that person would in the aggregate exceed the ceiling limit of such transferee.(4)Where any firm or unincorporated association or body of individuals holds vacant land in any urban agglomeration, then, the right or interest of any person in the vacant land on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person.(5)Where a person is a beneficiary of a private trust and his share in the income from such trust is known or determinable, the share of such person in the vacant land in any urban agglomeration held by the trust, shall be deemed to be in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportion able to his share shall also be taken into account in calculating the extent of vacant land held by such person.(6)Where a person is a member of a Hindu undivided family so much of the vacant land as would have fallen to his share had the entire vacant land held by the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person.(7)In the case of a Hindu undivided family consisting of-(i)a wife or husband;(ii)(a)major sons, or(b)unmarried minor children, or(c)unmarried major daughters of such wife or husbandand where in relation to any vacant land held by the wife or husband or both, as self acquired property, no division had taken place on or before the commencement of this Act, so much of the vacant land, as would have notionally fallen to the share of the wife, the husband, the major sons, unmarried major daughters or unmarried minor children in such family, had the entire vacant land, held by the wife or husband or both, been divided equally at the commencement of this Act, among the wife, husband, major sons, unmarried major daughters, or unmarried minor children aforesaid, shall also be taken into account in calculating the extent of vacant land held by each such person:Provided that the notional share of a major son or unmarried major daughter as provided for in this sub-section shall not be taken into account in any case where the total extent of the vacant land held by the wife or husband or both as self-acquired property together with the extent of vacant land, if any, held by the unmarried minor children of such wife or husband does not exceed the ceiling limit of the family as fixed under clause (ii) of sub-section (1):Provided further that where the total extent of the vacant land held by the wife or husband or both as self-acquired property together with the extent of vacant land held by the unmarried minor children of such wife or husband exceeds the ceiling limit as fixed under clause (ii) of sub-section (1), then, the notional share of the major son or the unmarried major daughter as provided for in this sub-section shall be calculated only in respect of the extent of the vacant land which is in such excess.(8)In the case of a family consisting of-(i)a wife or husband,(ii)(a)major sons, or(b)unmarried minor children, or(c)unmarried major daughters of such wife or husband governed by Christian Law, Muslim Law or any other personal law (other than the personal law relating to Hindus) and where in relation to any vacant land held by the wife or husband or both, no division had taken place on or before the commencement of this Act, so much of the vacant land, as would have notionally fallen to the share of the wife, the husband, the major sons, unmarried major daughters or unmarried minor children in such family, had the entire vacant land held by the wife or husband or both, been divided equally at the commencement of this Act among the wife, husband, major sons, unmarried major daughters or unmarried minor children aforesaid, shall also be taken into account in calculating the extent of vacant land held by each such person:Provided that the notional share of a major son or unmarried major daughter as provided for in this sub-section shall not be taken into account in any case where the total extent of the vacant land held by the wife or husband or both together with the extent of vacant land, if any, held by the unmarried minor children of such wife or husband does not exceed the ceiling limit of the family as fixed under clause (ii) of sub-section (1):Provided further that where the total extent of the vacant land held by the wife or husband or both together with the extent of vacant land held by the unmarried minor children of such wife or husband exceeds the ceiling limit as fixed under clause (ii) of sub-section (1), then, the notional share of the major son or the unmarried major daughter as provided for in this sub-section shall be calculated only in respect of the extent of the vacant land which is in such excess.(9)Where a person being a member of a housing co-operative society registered or deemed to be registered under any law for the time being in force, holds vacant land allotted to him by such society, then the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person.Explanation. - For the removal of doubts, it is hereby declared that the definition of "family" in clause (f) of section 3 shall have no application for purposes of sub-sections (6), (7) and (8) except the provisos to sub-sections (7) and (8).
