Amendments to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules
The Revenue and Disaster Management Department, Land Reforms Wing, issued Government Order (Ms.) Number 277, dated 31 July 2018, amending the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962. The amendments cover full and partial transfers involving industrial or commercial undertakings and public trusts, and set conditions concerning the activities of transferors and transferees.
What the amendments govern
Government Order (Ms.) Number 277, dated 31 July 2018, was issued by the Revenue and Disaster Management Department, Land Reforms Wing. Acting under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, the Governor of Tamil Nadu amended the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962.
The changes apply to transfers connected with industrial or commercial undertakings and public trusts carrying on educational or hospital activities. They expressly extend the relevant provisions to full or partial transfers, including cases where only part of the land is transferred.
Industrial or commercial undertaking transfers
The amendment to the provision concerning industrial or commercial undertakings includes the following points:
- A transfer may be full or partial, and an undertaking may transfer only part of its lands.
- For a partial transfer, the transferor must have carried on genuine industrial or commercial operations for at least three years.
- Alternatively, the transferor may show a justifiable reason for being unable to carry on the industrial or commercial operation for which permission was sought.
- The transferee must genuinely carry on industrial or commercial operations.
- The transferee cannot claim the purchased surplus area as land within the transferee's ceiling area.
Public trust land transfers
The amendment concerning public trusts also recognises full and partial transfers, including a transfer of only part of the trust's lands. Its conditions include:
- For a partial transfer, the transferor must have carried on genuine educational or hospital activities for at least three years.
- A justifiable reason for being unable to carry on the educational or hospital activities for which permission was sought may apply instead.
- The transferee must genuinely carry on educational or hospital activities.
Who may be affected
The Tamil Nadu Land Reforms amendments may affect owners and operators transferring land connected with an industrial or commercial undertaking, public trusts transferring land used for education or hospital activities, and buyers receiving such land. For a buyer, the nature of the transfer, the transferor's past activities, the transferee's intended activities and, for industrial or commercial transfers, whether the purchased land is surplus area are directly relevant under the amended text.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Do the amendments apply when only part of the land is transferred?
Yes. The amendments expressly cover partial transfers by industrial or commercial undertakings and public trusts.
Must an industrial or commercial transferor have operated for three years?
For a partial transfer, the transferor must have carried on genuine industrial or commercial operations for at least three years, or have a justifiable reason for being unable to carry on the operation for which permission was sought.
Can a buyer of surplus industrial or commercial land count it within the buyer's ceiling area?
No. The amendment states that the transferee is barred from claiming the purchased surplus area as within the transferee's ceiling area.
What must a transferee of public trust land do?
The transferee must genuinely carry on educational or hospital activities.
