Section 37A in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
37A. Industrial or commercial undertaking to apply to Government for permission to hold excess land.
- [(1) If any industrial or commercial undertaking desires to acquire any land in excess of the ceiling area or desires to hold land acquired in excess of the ceiling area, it shall make an application to the Government for permission to acquire such land or for permission to hold such acquired land as the case may be. Every such application shall be in writing and contain such particulars as may be prescribed:Provided that an application for permission to hold such acquired land shall be made within such period as may be prescribed.] [Substituted by Act No. 23 of 2010, dated 6.6.2010, w.e.f. 1.3.1972.]Explanation. - In this section, "industrial or commercial undertaking" means any industrial or commercial undertaking (other than a co-operative society) which bona fide carries on any industrial or commercial operation.(2)The Government may grant the permission for the whole or part of the land specified in the application, subject to such conditions as they deem fit or refuse to grant such permission. The order granting such permission shall contain the particulars of the land in respect of which such permission is granted.(3)The Government shall, in deciding whether to grant or refuse the permission under sub-section (2), take into consideration the following factors, namely:-(a)the nature of the industrial or commercial operation;(b)whether the excess land is required for immediate use or use in future; and(c)such other particulars as may be prescribed.(4)Notwithstanding anything contained in this Act, no industrial or commercial undertaking which has been approved by the Government under clause (iv) of section 73 before the date of the publication of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act 1972 (Tamil Nadu Act 20 of 1972) in the Tamil Nadu Government Gazette, shall be entitled to hold or acquire land in excess of the ceiling area unless such industrial or commercial undertaking has obtained the permission of the Government under this section in respect of such excess land.(5)The Government may cancel the permission in respect of any land granted under this section on the breach of any condition specified by the Government.
