Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972
The Government of Tamil Nadu Law Department published Tamil Nadu Act No. 39 of 1972, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972, after Presidential assent on 17 December 1972, with first publication in the Tamil Nadu Government Gazette Extraordinary on 21 December 1972. It amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 by reducing a specified maximum from 40 to 30 standard acres, shortening several filing periods, expanding the Land Commissioner's power to include omitted land, changing compensation calculations and reorganising the Land Board. Several amendments operate from 1 March 1972, while other provisions operate from Gazette publication or from the separate dates stated in the Act.
What the Act changes
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 changes the operation of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Its main provisions apply to landholders, limited owners, people required to file returns, parties appearing before the Land Board and owners whose land or related assets are acquired.
For a person whose total land exceeds the ceiling because of the amendment, the commencement date is defined as 1 March 1972. The notified date is a later date fixed by the Government through a notification.
Ceiling, returns and proceedings
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 makes the following procedural and ceiling changes:
- A maximum of 40 standard acres in section 5(5) is replaced with 30 standard acres.
- A return period in section 8 is reduced from ninety days to thirty days.
- Several sixty day periods are reduced to thirty days, and related powers to allow further time are removed in specified provisions.
- A ninety day period in section 51 is reduced to sixty days.
- Several clauses and sections of the principal Act are omitted, including sections 26, 27, 28, 29 and 81.
- The Land Commissioner may direct an authorised officer to include land previously left out of a person's total holding and recalculate the ceiling area.
Compensation and valuation
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 modifies Schedule III. Agricultural income tax returns relating to the land must be considered when determining normal gross produce.
The amendment introduces additional compensation multipliers for successive portions of net annual income, ranging from nine times the specified portion down to two times the balance. Compensation for acquired buildings, machinery, plant, apparatus, wells, filter points and power lines is based on written down value under the Income-tax Act, 1961. Trees are valued as on the date of publication of the relevant acquisition notification.
Land Board changes
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 abolishes the existing Land Board from the date of Gazette publication. Pending dairy farming or livestock breeding proceedings before that Board abate, while specified plantation-related proceedings transfer to the newly constituted Land Board.
The reconstituted Board includes one Board of Revenue member other than the Land Commissioner and two non-official members, all nominated by the Government. The amendment also changes the treatment of earlier Land Board permissions, orders and decisions concerning dairy, livestock and plantation-related land.
Limited owners
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 treats a person entitled to enjoy land for life as a limited owner, even if that person has no power to transfer the land. This modification is stated to operate from 6 April 1960.
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 Tamil Nadu Act No. 39 of 1972 reduce the land ceiling?
It replaces the maximum of 40 standard acres in section 5(5) of the principal Act with 30 standard acres.
Can land left out of my total holding be added later?
Yes. The Land Commissioner may at any time direct the authorised officer to include omitted land and calculate or recalculate the ceiling area.
What happened to proceedings pending before the old Land Board?
Pending proceedings concerning land used exclusively for dairy farming or livestock breeding abate. Specified proceedings concerning land interspersed among plantations or contiguous to a plantation transfer to the Land Board constituted after Gazette publication.
How is compensation for buildings or wells acquired under the land ceiling law calculated?
Compensation for buildings, machinery, plant, apparatus, wells, filter points and power lines is based on their written down value under the Income-tax Act, 1961, as on the date of publication of the relevant notification.
