Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act 2008
The Law Department, Government of Tamil Nadu, 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 the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 by requiring industrial or commercial undertakings and specified public trusts to obtain government permission to acquire or hold land covered by the amended provisions. It also validates earlier applications and permissions made under sections 37-A and 37-B.
What the Act changes
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 Law Department, Government of Tamil Nadu, published it for general information on June 10, 2010.
The amendments concern applications for government permission to acquire or hold certain land under the ceiling law. The Act states that it gives effect to the State’s policy for securing the principles in clauses (b) and (c) of Article 39 of the Constitution.
Industrial and commercial undertakings
The amended section 37-A applies where an industrial or commercial undertaking wants to:
- Acquire land in excess of the ceiling area.
- Hold land already acquired in excess of the ceiling area.
The undertaking must apply to the Government for permission. The application must be in writing and include the particulars that may be prescribed. An application to hold land already acquired must be submitted within the period that may be prescribed. The source does not specify that period or the required particulars.
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 based on when they were created:
- A public trust created before March 1, 1972 may apply for permission to acquire land in excess of the ceiling area or to hold land already acquired in excess of that area.
- A public trust created after March 1, 1972 may apply to acquire or hold land for establishing an educational institution or hospital.
- A public trust created after that date may also apply for land needed to expand an existing educational institution or hospital through additions, alterations or improvements.
Applications must be written, contain the prescribed particulars and, when seeking permission to hold land already acquired, be filed within the prescribed period. The amended provision is subject to section 73 of the principal Act. The amendment to section 37-B is treated as having come into force on July 15, 1987.
Effect on earlier permissions
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act 2008 validates applications previously made, and permissions previously granted, under sections 37-A and 37-B. They remain valid and effective as if the amended provisions had been in force at the relevant times, despite any court or authority judgment, decree or order.
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
Does an industrial undertaking need permission to buy land above the ceiling area?
Yes. An industrial or commercial undertaking that wants 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 under this amendment?
Yes, where the land is for establishing an educational institution or hospital, or for adding to, altering or improving an existing educational institution or hospital. The trust must apply to the Government.
Does the Act give a deadline for applying to hold land already acquired?
It says the application must be made within the period that may be prescribed. The source does not state the length of that period.
Are permissions granted before publication of the amendment still valid?
Yes. Earlier applications and government permissions under sections 37-A and 37-B are validated as if the amended provisions had been in force at all relevant times.
