Section 14 in Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965
14. [ Assignment of land. [Added by G. O. Ms. No. 59, dated the 7th January 1981 and substituted by No. 101, dated the 20th January 1989.]
(1)Notwithstanding anything contained in these rules, the lands held by a sugar factory and acquired by the Government as surplus lands may be assigned to the landless agricultural labourers if such lands are not required by the Government on collection of market value, provided that the lands held by such landless agricultural labourers after such assignment do not exceed the ceiling limit specified in sub-rule (2) of rule 5.(2)The assignment of land under sub-rule (1) shall be, subject to the following conditions, namely:-(a)The assignment shall be modified or cancelled if it is found that the extent assigned to the assignee is in excess of the limits prescribed in the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961) or the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965, as the case may be.(b)In the event of the modification or cancellation of the assignment, as aforesaid, the land assigned shall be resumed from the assignee, in part or in full, as the case may be, and on such resumption, the assignee shall not be entitled to any amount for any improvement effected by him on the land, but the value of the land, buildings and trees thereon paid by him may, at the discretion of the Government, be refunded to him, in part or in full. The assignee shall also be liable for the damages, if any, caused by him to the land and the amount for the damages shall be recovered from the assignee by deduction from the value of the land, buildings and trees thereon paid by him and if the amount for the damages exceeds the value of the land, such excess shall be recovered from him as if it were an arrear of land revenue.(c)All sums found due to the Government under, or by virtue of the order of assignment, shall be recovered from the assignee and his movable and immovable properties under the provisions of the Tamil Nadu Revenue Recovery Act, 1854 (Tamil Nadu Act II of 1864), as if such sums were arrears of land revenue, or in any other manner as the Government may deem fit.(d)The annual assessment on the land shall be liable to periodical revision on resettlement.(e)The land assigned shall not be sold or otherwise alienated before the expiry of twenty years from the date of assignment. The land assigned to a member of Scheduled Caste or to a member of Scheduled Tribe shall not be alienated to any person other than a member of the Scheduled Caste or Scheduled Tribe, as the case may be:Provided that the land may be mortgaged 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 of agricultural credits, as security for loans obtained for meeting cast of assignment and improvement to the lands.(f)(i)The Government will give an interest subsidy of 5 per cent on the loans raised by the assignee towards the cost of assignment.(ii)The repayment of the loan with interest will be guaranteed by the Government.(g)The assignee shall engage himself in direct cultivation of the land assigned:Provided that this condition shall not be applicable to persons referred to in rule 5(1)(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.(h)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.(i)The assignee shall pay the difference of the land value and the interest thereon, if the amount payable to the land owner in respect of the land is revised by, or on the orders of, any competent authority.(3)The assignment shall be liable to be cancelled in case of violation of (any of the conditions of assignment referred to in sub-rule (2).]
