Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971
The Government of Tamil Nadu Law Department published Tamil Nadu Act No. 41 of 1971 on 27 December 1971, after it received the President’s assent on 22 December 1971. The Act further amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, particularly its treatment of sugar factory land, and abolishes the Sugar Factory Board and Sugar Factory Tribunal.
What the Act governs
Tamil Nadu Act No. 41 of 1971 amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as already modified by the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970. It comes into force on a date to be specified by the State Government through a notification. The supplied text does not give that commencement date.
The amendments affect land ceiling administration generally, with specific provisions for land connected with sugar factories. They may matter to landowners, sugar factories, tenants, State controlled corporations and persons dealing with land that was subject to proceedings before the abolished sugar factory authorities.
Main changes
Tamil Nadu Act No. 41 of 1971 makes the following changes:
- It removes several definitions, clauses, subsections, sections and an entire chapter from the principal Act.
- It introduces special meanings for the commencement date and notified date where a person’s total land exceeds the ceiling area because of the 1971 amendment.
- It expands a reference to improvements or equipment by adding wells, filter points and power lines to machinery, plant or apparatus.
- It allows the Government to make arrangements for cultivating surplus land acquired from a sugar factory with sugarcane for supply to that factory.
- It permits the Government to use a State owned or State controlled corporation, including a company, to cultivate and administer such land.
- It allows the Government to notify that sugarcane cultivation is not compulsory on particular land, so another crop may be grown.
- It preserves the Government’s power to make rules for disposing of surplus land formerly held by a sugar factory.
Sugar factory tenancies and research land
Tamil Nadu Act No. 41 of 1971 provides that certain subsisting sugar factory tenancies may be treated as tenancies held by the relevant corporation for the remaining contract period. This applies where the land was within the landowner’s ceiling area immediately before commencement.
Land held by a sugar factory solely for research and seed farm purposes is exempt up to 100 standard acres, subject to the stated exceptions. The Government decides whether land is held solely for those purposes.
Abolition of specialist bodies
Tamil Nadu Act No. 41 of 1971 abolishes the Sugar Factory Board and Sugar Factory Tribunal from commencement. Their members cease to hold office, pending applications and proceedings end, and permissions, orders or decisions concerning land are treated as having no effect. The principal Act, as modified by the amendment, then applies to that land.
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Common questions
When did Tamil Nadu Act No. 41 of 1971 come into force?
The Act says it comes into force on a date specified by the State Government through a notification. The supplied text does not state that commencement date.
What happened to cases pending before the Sugar Factory Board or Sugar Factory Tribunal?
Pending applications, references and proceedings before those bodies ended when the Act commenced. Permissions, orders and decisions issued by them concerning land were treated as having no effect.
Is sugar factory research land exempt from the land ceiling law?
The Act exempts up to 100 standard acres held by a sugar factory solely for research and seed farm purposes, subject to the exceptions stated in the Act. The Government decides whether the land is used solely for those purposes.
Must surplus sugar factory land always be cultivated with sugarcane?
No. The Government may notify that sugarcane cultivation is not compulsory for particular land, after which sugarcane or another crop may be cultivated.