Amendments to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
The Government of Tamil Nadu, Revenue Department, issued G.O. Ms. No. 622, Revenue [LR-3(1)], dated 25th November 2010, amending the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962. Effective from 25th November 2010, the amendments require industrial or commercial undertakings and certain public trusts to apply to the Government for permission to acquire or hold specified land, using the prescribed forms and time limits.
What the notification changes
The Amendments to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962 were made by the Governor of Tamil Nadu under Section 110 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. They came into force on 25th November 2010 and replace provisions dealing with applications by industrial or commercial undertakings and public trusts.
Industrial and commercial undertakings
The amended requirements apply to an industrial or commercial undertaking that wants to acquire or hold land above the ceiling area.
- An undertaking seeking to acquire land above the ceiling area must apply in writing to the Government in the Revenue Department using Form 36.
- For excess land acquired before 25th November 2010, the application to hold it had to be made within one hundred and eighty days from that date.
- For excess land acquired after 25th November 2010, the application to hold it must be made within one hundred and eighty days from the date of acquisition through registered documents.
- The Government in the Revenue Department may accept a late application if satisfied that there was sufficient cause for the delay.
Public trusts
The amended requirements distinguish between public trusts created before and after 1st March 1972. The land must be for the purposes referred to in Section 37-B.
- A public trust created before 1st March 1972 that wants to acquire land above the ceiling area must apply in Form 38.
- A public trust created after 1st March 1972 that wants to acquire land must also apply in Form 38.
- A trust created before 1st March 1972 must seek permission to hold land acquired above the ceiling area.
- A trust created after 1st March 1972 must seek permission to hold land acquired, whether or not the notification describes it as above the ceiling area.
- For land acquired before 25th November 2010, the holding application had to be filed within one hundred and eighty days from that date.
- For land acquired after 25th November 2010, the holding application must be filed within one hundred and eighty days from acquisition through registered documents.
- The Government in the Revenue Department may admit a delayed Form 38 application where sufficient cause is shown.
Who should check compliance
Industrial or commercial undertakings buying land above the ceiling area, and public trusts acquiring or retaining land for the stated statutory purposes, should check whether Form 36 or Form 38 permission is required. The date of acquisition recorded in the registered documents determines the application period for land acquired after 25th November 2010.
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Common questions
Does an industrial undertaking need permission to buy land above the ceiling area?
Yes. It must apply in writing to the Government in the Revenue Department using Form 36.
What is the deadline for applying to hold land acquired after 25th November 2010?
The application must be made within one hundred and eighty days from the date on which the land was acquired through registered documents.
Can the Revenue Department accept a late application?
Yes. The Government in the Revenue Department may admit a late application if it is satisfied that the applicant had sufficient cause for not applying within the prescribed period.
Which form must a public trust use?
A public trust covered by the amended requirements must apply in writing to the Government in the Revenue Department using Form 38.
