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[Cites 0, Cited by 9] [Entire Act]

State of Tamilnadu - Section

Section 50 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

50. Determination of This heading was [amount] [substituted for the heading 'Compensation 'by section 5(iv) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] for land acquired by the Government.

(1)Every person whose right, title or interest in any land is acquired by the Government under Chapter II shall be paid [an amount] [Substituted for the word 'compensation' by section 5(1)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] according to the rate specified in Schedule III [as in force on the date of acquisition of such right, title or interest in any such land] [Substituted for the word 'compensation' by section 5(1 )(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).].[Explanation. - It is hereby declared that for the purposes of this sub-section "person" shall include family and that where any right, title or interest in any land held by a family or deemed to be held by a family under sub-section (2) of section 5, is acquired by the Government under Chapter II, the amount payable under this sub-section shall be determined in respect of the whole of such right, title or interest of the family in such land as a unit, whether such right, title or interest is held individually or jointly by some or all of the members of that family.] [This Explanation was added by section 4 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).]
(2)Any person claiming any [amount] [Substituted for the word 'compensation' by section 5(v)(c) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of l979).] under sub-section (1) may, [within thirty days] [Substituted for the words 'within sixty days ' by section 3(12)(i)(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 4th Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).] from the date of the publication of the notification under sub-section (1) of section 18 [xxx] [The words 'or within such further time not exceeding thirty days as the authorised officer may in his discretion allow' were omitted by section 3(12)(i)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 4th Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).], prefer the claim before the authorised officer in such form and containing such particulars as may be prescribed.
(3)
(a)The authorised officer shall determine the amount [xxx] [The words 'of compensation ' were omitted by section 5(v)(d)(A) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] at the rate specified in Schedule III, and prepare [a draft assessment roll] [Substituted for the words 'a draft compensation assessment roll' by section 5(v)(d)(B) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] in such manner and containing such particulars as may be prescribed. He shall cause it to be published together with-
(i)a statement that the amount [xxx] [The words 'of compensation' were omitted by section 5(v)(d)(A) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] specified therein is the entire amount [xxx] [The words 'of compensation' were omitted by section 5(v)(d)(A) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] payable for all interests in the land and that subject to the other provisions of this Act, the persons named therein are the only persons who are entitled thereto in the proportion stated therein, and
(ii)a notice stating that objections, if any, in respect of any entry in the draft may be preferred by any person in such manner as may be prescribed [within thirty days] [Substituted for the words 'within sixty days', by section 3(12)(ii)(a) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 30 of 1972).] from the date of the publication.
[***] [Proviso was omitted by section 3(12)(ii)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972)]
(b)The authorised officer shall cause to be served on the persons whose names appear in the draft aforesaid a copy of the draft together with a copy of the said statement and of the said notice.
(4)The authorised officer shall consider any objection which may be preferred under sub-section (3) and after giving the parties a reasonable opportunity of being heard and of adducing evidence, if any, pass such order as he thinks fit and record the reasons therefor.
(5)When such objection, if any, in regard thereto has been finally disposed of, the authorised officer shall make such alteration in [the draft assessment roll] [Substituted for the word 'the draft compensation assessment roll' by section 5(v)(e) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] as may be necessary to give effect to any order made in regard to the objection and shall cause the draft so altered to be published finally in such manner as may be prescribed.
(6)If no objection is preferred within the period specified in the notice published under sub-section (3), [xxx] [The words 'or within the further time allowed by the authorised officer that sub-section' were omitted by section 7(2)(i) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] the authorised officer shall cause '[the draft assessment roll] to be published finally in such manner as may be prescribed.
(7)Every entry in the [xxx] [The word 'compensation' was omitted by section 5(v)(f)(A) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] assessment roll published finally under sub-section (5) or sub-section (6) shall, except as provided in this Act, be final and conclusive evidence of-
(a)the matters referred to therein;
(b)the nature of the interest of the persons name therein; and
(c)the apportionment of the [amount] [The word substituted for the word 'compensation' by section 5(v)(f)(B) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] among the persons claiming interest in the [amount] [The word substituted for the word 'compensation' by section 5(v)(f)(B) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).].
(8)When the [xxx] [The word 'compensation ' was omitted by section 5(v)(g) of the Tamil Nadu Land Reforms Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] assessment roll has been published finally under sub-section (5) or sub-section (6), the authorised officer shall, within such time as may be prescribed, endorse a certificate thereon stating the date of the final publication thereof and shall date and subscribe the same with his name and official designation and such certificate shall be conclusive proof of such publication and the date of such publication.
(9)The authorised officer may, if he is satisfied either of his own motion or on the application of any of the parties that a bona fide mistake has been made in regard to any entry in the [draft assessment roll or in the] [Inserted by section 7(2)(ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] [xxx] [The word 'compensation ' was omitted by section 5(v)(g) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] assessment roll as published finally, make necessary correction therein and on such correction being made, the provisions of sub-sections (3) to (8) shall, as far as may be, apply thereto.
(10)Notwithstanding anything contained in sub-section (9), the authorised officer may at any time correct either of his own motion or on the application of any of the parties any clerical or arithmetical mistake in regard to any entry in the [draft assessment roll or in the] [The word 'compensation ' was omitted by section 5(v)(g) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] assessment roll as published finally.