Section 3 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

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State of Tamilnadu - Section

Section 3 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

3. Definitions.

- In this Act, unless the context otherwise requires,-

(1)"agriculture" includes-

(a)horticulture;

(b)the raising of crops, grass or garden produce;

(c)the use by an agriculturist of land held by him, or part thereof, for grazing;

(d)the use of any land for the purpose of raising manure crops;

(e)dairy farming;

(f)poultry farming;

(g)livestock breeding;

(h)growing of trees;

and "agricultural" shall be construed accordingly;

(2)"agricultural company" means any company formed for the purpose of carrying on any business that has for its main object the acquisition of gain by the company from agricultural land and "non-agricultural company" means any other company;

(3)"agricultural year" means the year commencing on the 1st day of April, or, in respect of the whole or a part of any district on such other date as the Collector of the district may specify in that behalf by notification in the District Gazette;

(4)"ancillary purposes of the plantation" includes replanting;

(5)"authorized officer" means any Gazetted Officer authorized by the Government by notification to exercise the powers conferred on, and discharge the duties imposed upon, the authorized officer under this Act for such area as may be specified in the notification;

(6)"Bhoodan Yagna" and "Gramdan land" shall have the same meaning as in clauses (a) and (d), respectively, of section 2 of the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958);

(7)"ceiling area" means the extent of land which a person is entitled to hold under section 5;

(8)"company" means a company as defined in section 3 of the Companies Act, 1956 (Central Act I of 1956);

(9)"creditor" means a secured creditor and includes any decree-holder who has obtained an attachment of land in execution of a decree or order;

(10)"cultivating tenant" -

(i)means a person who contributes his own physical labour or that of any member of his family in the cultivation of any land belonging to another, under a tenancy agreement, express or implied; and

(ii)includes-

(a)any such person who continues in possession of the land after the determination of the tenancy agreement, or

(b)the heir of such person, if the heir contributes his own physical labour or that of any member of his family in the cultivation of such land, or

(c)a sub-tenant if he contributes his own physical labour or that of any member of his family in the cultivation of such land, but

(iii)does not include a mere intermediary or his heir;

(11)[ "date of the commencement of this Act" means the 15th day of February 1970;] [[Substituted by section 2(1)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970. Before substitution, it read as follows:'(11) `date of the commencement of this Act' means the date on which the Madras Land Reforms (Fixation of Ceiling on Land) Bill, 1960, was published in the Fort St. George Gazette, namely, the 6th day of April 1960.]]

(12)[ "date of the publication of this Act" means the date of publication of the [Tamil Nadu] [Substituted by section 2(1 )(b) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] Land Reforms (Reduction of Ceiling on Land) Act, 1970, in the [Fort St. George Gazette;] [Now the Tamil Nadu Government Gazette.]

(13)[ [***] [Omitted by section 3(1) of the Tamil Nadu Act 41 of 1971.]]

(14)"family" in relation to a person means the person, the wife or husband, as the case may be, as such person and his or her -

(i)minor sons and unmarried daughters, and

(ii)minor grand sons and unmarried grand-daughters in the male line, whose father and mother are dead.

Explanation [I] [The Explanation to clause (14) was numbered as Explanation I of that clause by section 2(1)(c)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. - For the purpose of this clause, in the case of persons governed by Hindu law, "minor sons" and "minor grandsons" shall not include sons or grand-sons -

(i)between whom and the other members of the family a partition by means of a registered instrument has taken place; or

(ii)in respect of whose family properties a preliminary decree for partition has been passed;

before the [notified date] [Substituted for the words 'date of the commencement of this Act' by section 2( 1 )(c)( i) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.].[Explanation II. [This Explanation has been inserted by section 2(1)(c)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] - For the purpose of this clause-]

(a)in the case of persons governed by Hindu law, "unmarried daughters" and "unmarried grand-daughters" shall not include "unmarried daughters" or "unmarried grand-daughters"-

(i)in whose favour any land has been voluntarily transferred by either of whose parents or grand parents on account of natural love and affection; or

(ii)in whose favour a preliminary decree for partition has been passed before the notified date;

(b)in the case of persons governed by any law other than Hindu law, "minor sons", "unmarried daughters", "minor grandson", and "unmarried grand-daughters" shall not include "minor sons", "unmarried daughters" "minor grand-sons" and "unmarried grand-daughters"-

(i)in whose favour any land has been voluntarily transferred by either of whose parents or grand parents on account of natural love and affection; or

(ii)in whose favour a preliminary decree for partition has been passed; before the notified date;

(15)"forest land" includes any waste land containing trees or shrubs;

(16)"full owner" means a person entitled to the absolute proprietorship of land;

(17)"Government" means the State Government;

(18)[ [***] [Omitted '(18) hill area' means any local area specified in column (3) of Schedule I and such other local area comprising a hill as the Government may, by notification, from time to time, specify;' by section 3(l)(a) of this Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 29 of 1972), which was deemed to have come into force on the 1st day of March 1972]

(19)"to hold land" , with its grammatical variations and cognate expressions, means to own land as owner or to possess or enjoy land as possessory mortgage or as tenant or as intermediary or in one or more of those capacities;

(20)"inam land" , in any area in the State except the transferred territory,-

(a)means any land the grant of which in inam has been made, confirmed or recognized by the Government; and

(b)includes-

(i)any land in any lease-hold village;

(ii)any land which is exempt either in whole or in part, from payment of land revenue;

(iii)any land of which the land revenue alone or portion thereof has been granted in inam to any person, provided that such grant has been made, confirmed or recognized by the Government; and

(iv)any inam constituting an estate under the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969.] Estate Land Act, 1908 ([Tamil Nadu] [Substituted for the word 'Madras ' by the Tamil Nadu Adaptation of Laws Order, 1969.] Act I of 1908); but does not include any inam land on which full assessment of revenue has been levied under the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969.] Inams (Assessment) Act, 1956 ([Tamil Nadu] [Substituted for the word 'Madras '-by the Tamil Nadu Adaptation of Laws Order, 1969.] Act XL of 1956);

(21)"intermediary" means any person who, not being an owner or a possessory mortgage, has an interest in land, and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to others;

(22)"land" means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes of purposes subservient thereto and includes forest land, pasture land, plantation and tope, but does not include house-site or land used exclusively for non-agricultural purposes;

(23)"Land Board" means the [Tamil Nadu Land Board] [Substituted for 'Madras Land Board' by paragraph 3(1)(b), of and the Scheduled to, the Tamil Nadu Adaptation of Laws order, 1970 which was deemed to have come into force on the 14th January 1969.] constituted under section 24;

(24)"Land Commissioner" means the Land Commissioner appointed under section 97;

(25)"land owner" means the owner of the land let for cultivation by a tenant and includes the heirs, assignees, legal representatives of such owner or persons deriving rights through him;

(26)"Land Tribunal" means a Land Tribunal constituted under section 76;

(27)" ease-hold village" means any village specified in column (4) of Schedule II and such other village or part thereof as the Government may by notification from time to time, specify;

(28)"limited owner" means any person entitled to a life estate in any land and includes persons deriving rights through him.[Explanation. [This Explanation was inserted by section 5 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972), which was deemed to have come into force on the 6th April 1960.] - A person who has a right to enjoy the land during his lifetime shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land;]

(29)"member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India and included a seaman: Provided that if a question arises whether any person is a member of the Armed Forces, such question shall be decided by the Government and their decision shall be final;

(30)[ [***] [Omitted '(30) 'new sugar factory' means any sugar factory which has come into existence on or after the date of the commencement of this Act;' by section 3(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu Act 41 of 1972).]

(31)[ "notified date" means the date specified by the Government in a notification, which shall be a date after the date of the publication of this Act;] [Substituted for the original clause (31) by section 2 (1)(d) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 ( Tamil Nadu Act 17 of 1970.]

(32)"orchard" means an enclosure or assemblage of fruit or nut-bearing trees, constituting the main crop therein, whether of spontaneous or artificial growth, but does- not include trees on such bunds as are not within or adjunct to such enclosure or assemblage.[Explanation. [This Explanation was added by Section 3(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974), which was deemed to have come into force on the 6th April 1960.] - The expression "fruit or nut bearing "trees" shall not include plantain tree;]

(33)"owner" -

(a)means-

(i)any person holding land in severally or jointly or in common under a ryotwari settlement or in anyway subject to the payment of revenue direct to the Government, or

(ii)a landholder as defined in the .[Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969] Estates Land Act, 1908 [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act I of 1908], or a ryot as defined in that Act, or

(iii)an inamdar not being landholder defined as aforesaid, and

(b)includes-

(i)full owner or limited owner, or

(ii)the lessee of any lease-hold village or his heirs, assignees, legal representatives or person deriving rights through him;

(34)"person" includes any [***] [Word 'trust' was omitted by Tamil Nadu Act 37 of 1972, which was deemed to have come into force on 1st March 1972.] company, family firm, society or association of individuals, whether incorporated or not [or any private trust or public trust] [Added by section 3(2)(a), 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.].

(35)"plantation" means any land used for growing all or any of the following, namely cardamom, cinchona, coffee, rubber or tea;

(36)"Possessory mortgagee" means a mortgagee entitled to the possession of the whole or part of the mortgaged property and to receive the rents and profits accruing from such property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage money or partly in lieu of interest or partly in payment of the mortgage money [and "possessory mortgage" and "possessory mortgagor" shall be construed accordingly]. [Added by section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1965 (Tamil Nadu Act 10 of 1965), which was deemed to come into force on the 2nd May 1962.][(36-A) "private trust" includes a trust under which the beneficiaries are persons, who are ascertained or capable of being ascertained. [Inserted by section 3(2)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).]Explanation.-Notwithstanding anything contained in this Act, for the purpose of this clause, where the income from a public trust is substantially appropriated for the benefit of the founder of the trust or his heirs or of the family of the founder or of his heirs, such trust shall be deemed to be a private trust notwithstanding the terms of the trust;][[(36AA)] [This clause was inserted by section 6(i) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).] "Proclamation of Emergency" means the proclamation issued under clause (1) of Article 352 of the Constitution on the 26th October 1962;]

(36AAA)[ "public trust" means a trust for a public purpose of a religious, charitable or of an educational nature;] [This clause was inserted by section 3(2)(c) 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.](36-B) "religious institution" means any-

(i)temple;

(ii)math;

(iii)mosque; or

(iv)church,

which is dedicated to, or for the benefit of or used as right by, the public as a place of religious worship;

(37)"Schedule" means a Schedule appended to this Act;

(38)"seaman" means every person including a master, pilot or apprentice employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;

(39)"Settlement Officer" means an officer appointed under sub-section (1) of section 58;(39-A) "Special appellate Tribunal" means the Tamil Nadu Land Reforms Special Appellate Tribunal constituted under section 77-C;

(40)"standard acre" means-

(1)in any area in the State except the transferred territory-

(a)0.8 acre of wet land assessed to land revenue at any rate above Rs.15 per acre; or

(b)1 acre of wet land assessed to land revenue at the rate of Rs.10 and above but not exceeding Rs.15 per acre; or

(bb)[ 1.6 acres of wet land irrigated by any Government source other than a source mentioned in item (a); or] [Inserted by section 3(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).]

(d)1.6 acres of wet land assessed to land revenue at the rate of Rs. 6 and above but below Rs. 8 per acre; or

(e)1.75 acres of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre; or

(f)2 acres of wet land assessed to land revenue at rate the below Rs. 4 per acre; or

(g)2.5 acres of dry land assessed to land revenue at the rate of Rs. 2 and above per acre; or

(h)3 acres of dry land assessed to land revenue at the rate of Rs. 1.25 and above but below Rs. 2 per acre; or

(i)4 acres of dry land assessed to land revenue at any rate below Rs, 1.25 per acre.

(2)in the Kanyakumari district-

(a)1 acre of registered wet land irrigated by any source forming part of or benefited by, any project; or

(b)1.2 acres of registered dry land irrigated by any source mentioned in item (a); or

(bb)[ 1.6 acres of dry land irrigated by any Government source other than a source mentioned in item (a); or] [Inserted by section 3(1 )(b) of the Tamil Nadu Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1971).]

(d)4 acres of dry land unirrigated by any source mentioned in item (a) or by any other Government source of irrigation.

(3)in the Shencottah taluk of the Tirunelveli district-

(a)1.2 acres of wet land irrigated by any river or stream or by tank fed by any river or stream;

(b)1.6 acres of wet land irrigated by any Government source other than a source mentioned in item (a); or

(d)4 acres of dry land unirrigated by any source mentioned in item (a) or by any other Government source of irrigation;

[Explanation I. - For the purpose of sub-clause (1) of clause (40), "land revenue" shall mean-] [The additional assessment, additional water-cess or surcharge payable under the Tamil Nadu Additional Assessment and Additional Water-cess Act, 1963 (Tamil Nadu Act 8 of 1963) or the Tamil Nadu Land Revenue and Water-cess (Surcharge) Act, 1965 (Tamil Nadu Act 34 of 1965, as the case may be, shall not deemed to be land revenue for the purpose of calculating standard acre under the Tamil Nadu Act 58 of 1961. Please see section 17(ii) of the Tamil Nadu Act 8 of 1963 and section 15(vi) of the Tamil Nadu Act 34 of 1965.]

(i)in the case of any land in respect of which a ryotwari settlement is in force on the date of the commencement of this Act, the ryotwari assessment payable on that date;

(ii)in the case of any inam land, on which full assessment of revenue has been levied under the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order 1969 as Amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Inams (Assessment) Act, 1956(Tamil Nadu Act XL of 1956), such assessment;

(iii)in the case of any land other than an inam land referred to in clause (ii) in respect of which a ryotwari settlement is not in force on the date of the commencement of this Act, but is brought into force after that date but before the date of publication of the draft statement under sub-section (5) of section 10, the ryotwari assessment payable under such settlement after it is brought into force;

(iv)in the case of any land in respect of which a ryotwari settlement effected in pursuance of section 22 of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order 1969 as Amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates (Abolition and Conversion into Ryotwari) Act, 1948 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order 1969 as Amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXVI of 1948) has not been brought into force before the date of publication of the draft statement under sub-section (5) of section 10, or in the case of any inam land, the land revenue notified by the Government in this behalf with due regard to the highest rate of ryotwari assessment payable for any land of a similar description and with similar advantages in the nearest ryotwari village:

Provided that no notification shall be issued under this clause, unless the persons likely to be affected by such notification are given a reasonable opportunity to make representation and adduce evidence in respect of the rates proposed to be specified in the notification:Provided further that the land revenue notified by the Government under this clause shall not be modified notwithstanding that a different rate of assessment is fixed under-

(i)any settlement that may be brought into force; or

(ii)the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order 1969 as Amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Inam (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956);

Explanation II. - In sub-clauses (2) and (3) of clause (40) "wet land" and "dry land" shall include inam wet land and inam dry land respectively.Explanation III. - For the purpose of sub-clause (2) of clause (40), "project" means any of the following irrigation systems, namely:-

(i)Kodayar project system proper;

(ii)

(a)Pazhayar System;

(b)Valliar system;

(c)Thirparappu Right Bank Channel and Left Bank Channel system;

(d)Champakulam system;

(iii)Alathuraiyar system

Explanation IV. - In any area in the State except the transferred territory, one acre of dry land-

(a)irrigated by direct flow of water from any Government source of irrigation supplying water-

(i)for two crops and above, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 8 and above but below Rs. 10 per acre.

(ii)for only one crop, shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre.

(b)irrigated by lifting water from any Government source of irrigation shall be deemed to be equivalent to one acre of wet land assessed to land revenue at the rate of Rs. 4 and above but below Rs. 6 per acre:

Provided that the Government may, in respect of any particular area, by notification, direct that one acre of dry land irrigated from any Government source of irrigation shall be deemed to be equivalent to any specified extent of any of the categories of land specified in sub-clause (1) of clause (40) on the ground of quality of the soil or on any other ground:Provided further that such notification shall not come into force unless it is approved by the Legislature.Explanation V. - Where the land held by a person consists of more than one of the kinds of the land specified in clause (40), the extent of the land held by him shall, for the purpose of this Act, be reduced to standard acres calculated according to the proportions specified in clause (40);

(41)"State" means the [State of Tamil Nadu] [Substituted for the word 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]:

(42)"stridhana land" means any land held on the date of the commencement of this Act by any female member of a family on her own name;

(43)and (44) [***] [Clauses (43) and (44) were omitted by section 3(1) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971)]

(45)"surplus land" means the land held by a person in excess of the ceiling area and declared to be surplus land under sections 12,13 or 14;

(46)"tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed by another to enjoy the land of the latter under a tenancy agreement, express or implied, and includes-

(i)any such person who continues in possession of the land after the determination of the tenancy agreement;

(ii)the heirs, assignees, legal representatives of such person, or persons deriving rights through such person;

(iii)a cultivating tenant;

(47)"tope" means any land containing groups of fruit or nut-bearing trees including palmyra trees, constituting the main crop in such land, whether of spontaneous or artificial growth and includes orchards, but does not include trees on such bunds as are not within or adjunct to such groups of trees;[Explanation. [This Explanation was added by section 3(1) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974), which was deemed to have come into force on the 6th April 1960.] - The expression "fruit or nut-bearing trees" shall not include plantain tree.]

(48)"transferred territory" means the Kanyakumari district and the Shencot-tah taluk of the Tirunelveli district;

(49)[ "trust" means a private trust or a public trust;] [[Substituted by section 3(2)(d) 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. Before it substitution, read as follows:'(49) 'trust' means trust for a public purpose of a religious or charitable, or of an educational nature, and includes and temple, math, mosque, church or other place, by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship.]]

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State of Tamilnadu - Section

Section 3 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

3. Definitions.