Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 (37A 37B)
The Government of Tamil Nadu, 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. The Act amends Sections 37-A and 37-B of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, requiring specified industrial or commercial undertakings and public trusts to obtain Government permission to acquire or hold land covered by its provisions.
What the amendment does
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 was enacted by the Tamil Nadu Legislative Assembly and received the President's assent on June 6, 2010. The Government of Tamil Nadu, Law Department, published it in Tamil Nadu Government Gazette Extraordinary No. 174 on June 10, 2010.
The amendment replaces parts of Sections 37-A and 37-B of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. It also validates specified applications and Government permissions made before publication.
Industrial and commercial undertakings
The substituted provision in Section 37-A applies when an industrial or commercial undertaking:
- Desires to acquire land in excess of the ceiling area.
- Desires to hold land already acquired in excess of the ceiling area.
- Applies to the Government in writing for permission to acquire or hold that land.
- Provides the particulars that may be prescribed.
- Applies to hold land already acquired within the period that may be prescribed.
The amendment to Section 37-A is deemed to have come into force on March 1, 1972.
Public trusts
The substituted provision in Section 37-B applies differently according to when a public trust was created:
- A public trust created before March 1, 1972 must apply for Government permission if it wants to acquire land in excess of the ceiling area or hold land acquired in excess of that area.
- A public trust created after March 1, 1972 must apply if it wants to acquire or hold land for establishing an educational institution or hospital.
- The same requirement applies when land is intended for expanding an existing educational institution or hospital through an addition, alteration or improvement.
- Applications must be in writing, contain prescribed particulars and, for land already acquired, be made within the prescribed period.
The amendment to Section 37-B is deemed to have come into force on July 15, 1987, and remains subject to Section 73 of the principal Act.
Validation of earlier cases
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 validates applications made and permissions granted under Sections 37-A or 37-B before its Gazette publication. This validation applies to applications and permissions involving industrial or commercial undertakings or public trusts, despite anything in the principal Act or any court or authority decision.
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Common questions
Does an industrial undertaking need permission to buy land above the ceiling area?
Yes. An industrial or commercial undertaking seeking to acquire land in excess of the ceiling area must apply in writing to the Government for permission.
Can a public trust created after March 1, 1972 acquire land for any purpose?
The amendment covers acquisition or holding by such a trust for establishing or expanding an educational institution or hospital. It requires an application to the Government.
What happens if the undertaking or trust has already acquired the land?
It must apply for permission to hold the acquired land within the period that may be prescribed. The application must be written and contain the prescribed particulars.
Are Government permissions issued before June 10, 2010 still valid?
Yes. Applications made and permissions granted under Sections 37-A or 37-B before publication are declared valid and effective as if the amended provisions had been in force at the relevant time.
