Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979
The Legislature of the State of Tamil Nadu enacted Tamil Nadu Act 11 of 1979 to amend the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, particularly the amount payable when the Government acquires land and related appeal procedures. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 is deemed to have come into force on 27 October 1978, with some modifications applying retrospectively from 6 April 1960 or 20 April 1972.
What the Act changes
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 changes how the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 describes and determines payments for land acquired by the Government. It generally replaces references to “compensation” with “amount payable” or similar wording in provisions concerning acquisition, assessment rolls, payments and schedules.
The Act declares that it gives effect to the State policy reflected in Part IV, particularly clauses (b) and (c) of Article 39 and Article 46 of the Constitution.
Who may be affected
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 may affect:
- People or families whose land is acquired by the Government under Chapter II of the principal Act.
- Members of a family who hold land individually or jointly.
- People involved in assessment roll proceedings relating to the amount payable for acquired land.
- Parties with appeals pending before a Land Tribunal.
For section 50, “person” includes a family. When the Government acquires a right, title or interest in land held or deemed to be held by a family, the amount is determined for the family’s entire right, title or interest as one unit, whether held individually or jointly by family members.
Main provisions
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 provides that:
- Modifications concerning the family as a unit apply from 6 April 1960.
- Numerous terminology changes from “compensation” to “amount” apply from 20 April 1972.
- Revised provisions on annual value, appeals and Schedule III apply from 27 October 1978.
- The Land Commissioner may transfer a pending appeal from one Land Tribunal to another, record reasons in writing and stay further proceedings.
- A person adversely affected by a proposed transfer order must receive a reasonable opportunity to be heard.
- A Land Tribunal may include an officer not below the rank of District Revenue Officer.
Annual value of acquired land
The substituted Part I of Schedule III first requires the annual value of the land to be determined. Depending on the land and irrigation category, annual value is based on twenty times the land revenue, with an additional rupees nine or rupees five per acre in specified irrigated cases. For waste land, it is five times the land revenue. Waste land means land left uncultivated for the five years immediately before publication of the relevant notification.
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 the Act treat land held by different members of one family separately?
For determining the amount payable under section 50, the family’s entire right, title or interest is treated as one unit, whether family members hold it individually or jointly.
Can a pending Land Tribunal appeal be transferred?
Yes. The Land Commissioner may transfer a pending appeal to another Land Tribunal, either independently or on application, after recording reasons in writing.
Must I be heard before an appeal transfer order affects me?
Yes. An order adversely affecting a person cannot be passed under the transfer provision unless that person has received a reasonable opportunity to be heard.
How does the Act define waste land when calculating annual value?
Waste land means land that remained uncultivated for five years immediately before publication of the notification under sub-section (1) of section 18. Its annual value is five times the land revenue.
