Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 (2010)
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008, Act No. 23 of 2010, was enacted by the Tamil Nadu Legislative Assembly, received Presidential assent on 6 June 2010, and was published by the Government of Tamil Nadu, Law Department, on 10 June 2010. It changes the permission process for industrial or commercial undertakings and public trusts seeking to acquire or hold land, and validates specified applications and permissions made before publication.
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008, Act No. 23 of 2010, was enacted by the Tamil Nadu Legislative Assembly, received Presidential assent on 6 June 2010, and was published by the Government of Tamil Nadu, Law Department, on 10 June 2010. It amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, concerning land acquired or held by industrial or commercial undertakings and public trusts.
What the amendment governs
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 deals with applications to the Government for permission to acquire or hold certain land.
- An industrial or commercial undertaking that wants to acquire land above the ceiling area must apply to the Government.
- An industrial or commercial undertaking that wants to continue holding land already acquired above the ceiling area must also apply.
- Applications must be in writing and contain the prescribed particulars.
- An application to hold land already acquired must be submitted within the prescribed period.
Rules for public trusts
The amended provision concerning public trusts distinguishes between trusts created before and after 1 March 1972.
- A public trust created before 1 March 1972 must seek Government permission if it wants to acquire land above the ceiling area or hold land already acquired above that area.
- A public trust created after 1 March 1972 must seek permission to acquire or hold land for establishing an educational institution or hospital.
- Permission is also required where such a later public trust acquires or holds land to expand an existing educational institution or hospital through additions, alterations or improvements.
- These applications must be written, include the prescribed particulars, and comply with the prescribed time limit for applications to hold land already acquired.
Validation of earlier cases
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 2008 validates every application made, and every Government permission granted, under sections 37-A or 37-B before the amendment was published in the Tamil Nadu Government Gazette. This validation applies despite anything in the principal Act or any judgment, decree or order of a court or other authority.
Commencement
Section 3 is treated as having come into force on 1 March 1972. Section 4 is treated as having come into force on 15 July 1987.
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
Can an industrial undertaking buy land above the ceiling area without Government permission?
No. An industrial or commercial undertaking that wants to acquire land above the ceiling area must make a written application to the Government for permission.
Does the amendment apply to an ordinary individual property buyer?
The provisions in the source address industrial or commercial undertakings and public trusts. They do not set out a permission process for ordinary individual buyers.
Can a public trust created after 1 March 1972 acquire land for any purpose?
The amended provision covers acquisition or holding of land for establishing or expanding an educational institution or hospital. The source does not list other purposes for such trusts.
Are permissions granted before publication still valid?
Yes. Applications made and Government permissions granted under sections 37-A or 37-B before publication are validated as if the amended provisions had been in force at the relevant time.
