Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974
The Government of Tamil Nadu, Law Department, issued Tamil Nadu Act Number 32 of 1974, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974. The Act received presidential assent on 25 July 1974 and was first published on 1 August 1974, and it retrospectively amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 to disregard specified transfers and subdivisions when calculating land ceilings.
What the amendment governs
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 replaces section 23 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as subsequently modified. The replacement operates from 6 April 1960 and applies when an authorised officer fixes, for the first time after commencement of the principal Act, the ceiling area of a person who held land above the applicable ceiling on that commencement date.
The amendment also removes clause (9) from section 2 of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970.
Transactions covered
The substituted section treats specified transactions made on or after the notified date and before publication of the notification under section 18(1) as void. The authorised officer must calculate the original holder's ceiling area as though the transaction had not occurred.
Covered transactions include:
- Sales, including sales under a civil court decree or order, or an award or order of another lawful authority.
- Gifts, except gifts made in contemplation of death.
- Exchanges, surrenders and settlements.
- Other forms of transfer.
- Subdivisions by partition or otherwise, including subdivisions under a court decree or an order of another lawful authority.
These provisions are subject to section 20 of the principal Act. The source does not state the calendar date represented by the term “notified date”.
Ceiling levels stated in the amendment
The substituted provision initially refers to a person holding more than 30 standard acres. From 15 February 1970, it operates as though that figure had been replaced by 15 standard acres.
Land transferred or subdivided in the covered period must be included in the ceiling area of the transferor, or of the person who held it immediately before subdivision.
Effect on earlier government action
Tamil Nadu Act Number 32 of 1974 validates actions and proceedings already taken by officers or authorities before its Gazette publication. This applies where those actions treated a transfer or subdivision made after the notified date and before the section 18(1) notification as void, despite any judgment, decree or order of a court or other authority.
Property buyers, owners and professionals should therefore consider whether a transaction falls within the covered period and whether the land was counted against the previous holder's ceiling.
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 a sale made before the ceiling notification be ignored when calculating the seller's land ceiling?
Yes, if the sale was made on or after the notified date and before publication of the notification under section 18(1). The authorised officer must calculate the seller's ceiling area as if the sale had not taken place.
Does the amendment also cover partitions and court ordered subdivisions?
Yes. It covers subdivisions by partition or otherwise, including subdivisions made through a decree or order of a civil court or another lawful authority.
Are all gifts included?
The amendment includes gifts but excludes gifts made in contemplation of death.
What land ceiling figures are stated in the amendment?
The substituted provision refers to 30 standard acres. From 15 February 1970, it operates as though 15 standard acres had been substituted.
