Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 (174 Ex IV 2)
The Tamil Nadu Government, Law Department, published the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 in Tamil Nadu Government Gazette Extraordinary No. 174 on June 10, 2010, after it was enacted by the Tamil Nadu Legislative Assembly and received the President's assent on June 6, 2010. The Act amends the permission requirements for industrial or commercial undertakings and public trusts acquiring or holding land beyond the applicable ceiling, gives two amendments retrospective effect, and validates earlier applications and government permissions.
What the Act changes
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 further amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. It states that the amendment gives effect to the State's policy for securing the principles in clauses (b) and (c) of Article 39 of the Constitution.
The amendment affects industrial or commercial undertakings and certain public trusts that want to acquire or retain land covered by the ceiling provisions.
Industrial and commercial undertakings
The amended section 37-A requires an industrial or commercial undertaking to apply to the Government when it:
- Wants to acquire land in excess of the ceiling area.
- Wants to continue holding land already acquired in excess of the ceiling area.
- Seeks either form of permission through a written application containing the prescribed particulars.
- Applies to hold land already acquired within the period that may be prescribed.
The amendment to section 37-A is treated as having come into force on March 1, 1972.
Public trusts
The amended section 37-B distinguishes between public trusts according to when they were created and the purpose for which land is required.
- A public trust created before March 1, 1972 must apply to the Government if it wants to acquire land beyond the ceiling area or retain land already acquired beyond that area.
- A public trust created after March 1, 1972 must apply if it wants to acquire or retain land for establishing an educational institution or hospital.
- The same requirement covers expansion of an existing educational institution or hospital through additions, alterations or improvements.
- Applications must be in writing and contain the prescribed particulars.
The amendment to section 37-B is treated as having come into force on July 15, 1987.
Earlier applications and permissions
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 validates applications made and permissions granted before its publication. This applies to industrial or commercial undertakings and public trusts under sections 37-A and 37-B, despite anything in the principal Act or any court or authority decision. Those applications and permissions are treated as valid as if the amended provisions had been in force at the relevant time.
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Common questions
Does an industrial undertaking need government permission to buy land above the ceiling area?
Yes. An industrial or commercial undertaking must apply to the Government in writing for permission to acquire land above the ceiling area.
Can an undertaking apply after it has already acquired excess land?
The Act allows an application for permission to hold land already acquired in excess of the ceiling area. That application must be made within the period that may be prescribed.
When must a public trust created after March 1, 1972 apply for permission?
It must apply when acquiring or holding land for establishing an educational institution or hospital, or for expanding an existing educational institution or hospital through additions, alterations or improvements.
Are government permissions granted before publication still valid?
Yes. Applications made and permissions granted under sections 37-A or 37-B before publication are validated and treated as effective under the amended provisions.
