Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972
The Government of Tamil Nadu Law Department issued the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972, as Tamil Nadu Act No. 7 of 1974, first published on 15 February 1974 after receiving the President’s assent on 2 March 1973. It amends the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 by changing how void transfers and partitions are treated for ceiling purposes, addressing possession of property vested in the Government, and creating a penalty for certain incorrect surplus land returns.
What the amendment governs
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 changes the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as subsequently modified. Its provisions concern land ceiling calculations, transfers or partitions declared void, property vested in the Government, and returns identifying surplus land.
Different changes are given different operative dates. The modifications concerning ceiling calculations and Government vested property apply from 1 March 1972. The changes concerning void transfers or partitions apply from 2 October 1970. The new penalty provision applies from the date of publication in the Tamil Nadu Government Gazette.
Who may be affected
The amendments may affect:
- A landowner whose transfer or partition has been declared void.
- A transferee or person who received land through a partition later declared void.
- A landless person or cultivating tenant who received transferred land.
- A person possessing or benefiting from property vested in the Government.
- A person filing a return that identifies land involved in a void transfer or partition as surplus land.
Key provisions
- An authorised officer must generally include land covered by a void transfer or partition within the ceiling area of the transferor or the person who made the partition, as though the transaction had not occurred.
- This inclusion does not affect the rights of the transferee or the person in whose favour the partition was made.
- If voidly transferred land exceeds the transferor’s ceiling area, inclusion follows a stated order. Priority begins with land transferred to an unrelated person who was landless immediately before the transfer, followed by land transferred to the cultivating tenant already cultivating it, then land transferred to another unrelated person, and finally land transferred to others.
- A landless person is defined as someone who does not hold any land.
- A person who possessed or benefited from property vested in the Government after commencement may have to pay compensation for its use, occupation or enjoyment. The authorised officer fixes the amount in the prescribed manner, and unpaid amounts may be recovered as arrears of land revenue.
- A person who reports land covered by a void transfer or partition as the transferor’s or partitioner’s surplus land may face imprisonment up to six months, a fine up to two thousand rupees, or both.
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
What happens if my land transfer or partition is declared void?
The authorised officer must generally include the land in the ceiling area of the transferor or the person who made the partition, as if the transfer or partition had not happened. The amendment states that this inclusion does not affect the rights of the transferee or the person who received land through the partition.
Does the amendment give priority to landless buyers or cultivating tenants?
Yes. Where voidly transferred land exceeds the transferor’s ceiling area, the stated order begins with certain unrelated landless recipients, followed by cultivating tenants who were already cultivating the transferred land.
Can the Government charge someone occupying land vested in it?
Yes. A person who possessed or benefited from property vested in the Government after commencement may be required to pay compensation fixed by the authorised officer, and the amount may be recovered as arrears of land revenue.
Is there a penalty for showing land under a void transfer or partition as surplus land?
Yes. A person who does so in a return may be punished with imprisonment up to six months, a fine up to two thousand rupees, or both.
