Section 9 in Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965
9. Conditions of assignment.
- [(1)] [Rule 9 renumbered as sub-rule (l)by G.O. Ms. No. 1358, dated the 21st June 1979.] The assignment of land shall be, subject to the following conditions, namely:-(i)[ The land assigned shall not be sold or otherwise alienated [before the expiry of the period specified in sub-clause (a) of clause (iii) below:] [Substituted by GO. Ms. No. 1358, dated the 21st June 1979.]Provided that the lands may be hypothecated to Government under the Land Improvement Loans Act, 1883 (Central Act XIX of 1883) or the Agriculturists Loans Act, 1884 (Central Act XII of 1884) or to a Co-operative Institution or a scheduled bank authorised by the Government for affording credit to the agriculturists under the schemes of institutional financing agricultural credit as security for loans obtained for improvements to the lands:Provided further that, at any later date, the lands assigned to a member of the Scheduled Caste or Scheduled Tribe shall not be sold to any person other than a member of the Scheduled Caste or Scheduled Tribe, as the case may be.](ii)[ If the land has been assigned, subject to the payment of value of the land and buildings and trees thereon in instalments,, (a) the first instalment shall be payable before the execution of the deed of assignment; (b) the second and subsequent instalments of land value shall be payable on the 10th February of every succeeding year [xxx] [Substituted by No. 1358, dated the 21st June 1979.]; (c) in the event of default in the payment of an instalment, the amount of the instalment shall be recovered as an arrear of land revenue; (d) in the event of default of the payment of two consecutive instalments, the amount already paid shall be liable to be forfeited to the Government and the land shall be liable to be resumed; and (e) if in any year, due to adverse seasonal conditions, the land revenue in respect of the land is remitted or suspended, the recovery of the instalment payable in that year and of the instalment payable in subsequent years shall be postponed by one year.](iii)[(a)] [Renumbered as sub-clause (a) by GO. Ms. No. 1358, dated the 21st June 1979.] The land will vest absolutely in the assignee only after the value of the land and the buildings and trees thereon is paid [in full or after the expiry of a period of twenty years from the date of assignment whichever is later.] [The words 'in full or after whichever is later' substituted by G. O.Ms.No 271/87,dated the l2th November 1987.](b)[] [Inserted by G.O. Ms. No. 1358, dated the 21st June 1979.] [If at any time before the expiry of the period specified in sub-clause (a) above,] [The words 'if at any time .... sub-clause (a) above' substituted by G.O. Ms. No. 271/87, dated the 12th November 1987.] the land assigned is required for any public purpose, the assignment shall be modified or cancelled and the land shall be resumed by Government. In such cases [the annual value fixed under Schedule III of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961),] [The words 'the annual value (Tamil Nadu Act 58 of 1961)' substituted by G. O. Ms. No. 391, dated the 14th March 1985.] for use of the land from the date of assignment to the date of resumption by Government and the loans and advances, if any, granted for the improvement of the land on the security of the land will be recoverable from the assignee. Subject to adjustment of such dues, the assignee shall be entitled to refund of the instalments of land value paid by him and reimbursement of the cost of any permanent improvement effected or any structure such as wells, buildings, etc., erected on the land at his own expense for agricultural purposes or for his own residence.(iv)The assignee shall engage himself in the direct cultivation of the land assigned:[Provided that this condition shall not be applicable to persons referred to in rule 5(l)(v) and persons who are physically or mentally disabled, women including widows, and old persons who have no dependents or family members to do cultivation on their behalf.] [Added by G.O. Ms. No. 1358, dated the 21st June 1979.](v)The assignee shall pay, on the due dates, the land revenue assessment, cesses and local taxes in force, from time to time, in respect of the land assigned, with effect from the year in which the assignment is sanctioned.(vi)All sums due to the assignor by virtue of the assignment shall be recoverable from the assignee and his properties, movable and immovable, under the provisions of the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), as if such sums were arrears of land revenue or in such other manner as the assignor may deem fit.[(vi-a) The assignee shall pay the difference of the land value and interest thereon if the amount payable to the land owner in respect of the land is revised by or on the orders of the Land Tribunal, High Court, Land Commissioner or other authority competent to make such revision.] [Inserted by G.O. Ms. No. 1358, dated the 21st June 1979.](vii)The assignee shall abide by such other conditions as are [Applicable to the assignment of Government waste lands and as may be specified in the order of assignment.] [The words 'applicable to' substituted by G.O. Ms. No. 1358, dated the 21st June 1979.](2)[ Where any violation of the conditions of assignment as prescribed in sub-rule (1) or in the deed of assignment in Form F is noticed, the assigning authority shall cancel the assignment:] [Added by G.O. Ms. No. 1358, dated the 21st June 1979.]Provided that no such cancellation shall be ordered without giving the assignee an opportunity to make his representation.
