The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
The Legislature of the State of Tamil Nadu enacted the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, Tamil Nadu Act No. 24 of 1978, to limit holdings of vacant land in urban agglomerations, acquire land above the ceiling, and regulate related transfers and construction. The Act received...
What the Act governs
The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 extends to the whole of Tamil Nadu. Its main purpose is to prevent concentration, speculation and profiteering in urban land by imposing a ceiling on vacant land holdings and providing for acquisition of land above that ceiling.
The Act applies its vacant land framework through the concept of an urban agglomeration. This includes areas listed in Schedule I and other areas that the State Government may notify, based on location, population of more than one lakh and other relevant factors.
Who may be affected
The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 may affect individuals, families, firms, companies, associations and other bodies holding vacant land in an urban agglomeration. Holding includes ownership and possession in specified capacities, including as owner, tenant, mortgagee, under an irrevocable power of attorney or under a hire purchase agreement.
A family means an individual, that individual’s wife or husband, and their unmarried children below eighteen years of age.
Property buyers, owners, tenants, mortgagees, power of attorney holders and developers may therefore need to establish whether land is vacant land, whether it lies in an urban agglomeration and in what capacity it is held.
Key provisions
The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 provides for:
- Ceiling limits on vacant land and restrictions on holding land above those limits.
- Statements by persons holding vacant land above the ceiling, including cases involving more than one competent authority.
- Draft and final statements concerning excess vacant land.
- Acquisition of excess vacant land and payment of an amount for acquired land.
- An Urban Land Tribunal, appeals, High Court revision and resolution of disputes about entitlement to payment.
- Rules concerning future acquisitions through inheritance, bequest or court execution sales.
- Exemptions, retention in certain circumstances and disposal of acquired vacant land.
- Statements before the registering authority in certain cases.
- Regulation of buildings containing dwelling units, with powers concerning demolition or stoppage and an appeal process.
- Offences, punishments, company liability and overriding effect over other laws.
Commencement
Most provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 are deemed to have commenced on 3 August 1976. Sections 14, 15, section 20(3), and sections 27 and 48 commenced on publication in the Tamil Nadu Government Gazette, which occurred on 17 May 1978.
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Common questions
Does the Act apply throughout Tamil Nadu?
The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 extends to the whole State of Tamil Nadu. Its ceiling framework concerns vacant land in urban agglomerations.
Can a tenant or power of attorney holder be treated as holding vacant land?
Yes. Holding includes possession as an owner, tenant, mortgagee, under an irrevocable power of attorney or under a hire purchase agreement, including combinations of those capacities.
Does the Act contain a process for acquiring land above the ceiling?
Yes. The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 provides for statements, draft and final determinations, acquisition of excess vacant land, payment of an amount and appeal or revision mechanisms.
When did the Act come into force?
Most provisions are deemed to have come into force on 3 August 1976. Sections 14, 15, section 20(3), and sections 27 and 48 came into force when the Act was published in the Tamil Nadu Government Gazette on 17 May 1978.
