Instructions for Identification and Declaration of Excess Agricultural Land

What the instructions govern

The Land Reforms Department instructions in Reference Number F1/8312/2015 (L.Ref), dated 30 November 2015, implement the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 as amended. They follow the disbanding of the offices of the Assistant Commissioner (Land Reforms) and transfer responsibility for land reform subjects to the district administration.

Sub Collectors and Revenue Divisional Officers now act as:

• Authorised Officers under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 as amended.
• Assigning Authorities under the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965.

Who may be affected

The Land Reforms Department instructions apply to agricultural holdings of families, individuals, companies, firms, private trusts and societies that may exceed the ceiling limit. They also direct officials to examine transactions involving large areas acquired in different villages, including purchases alleged to have been made in personal or benami names.

For holdings as on 15 February 1970, the guidelines state that a family consisting of five members, a person, company, private trust or society was entitled to hold 15.000 standard acres. The guidelines also cover lands purchased after 2 October 1970.

Property owners and buyers may be affected where agricultural land forms part of a larger holding that officials identify as exceeding the applicable ceiling.

Identification and monitoring

The Land Reforms Department instructions require District Collectors to ensure that excess holdings are identified and proceedings are started. Key measures include:

• Fixing responsibility on revenue officials, including Tahsildars, Zonal Deputy Tahsildars, Revenue Inspectors and Village Administrative Officers.
• Forming teams headed by Sub Collectors or Revenue Divisional Officers.
• Checking village and taluk accounts and making enquiries about large landholdings across one or more villages.
• Using roughly 45 to 50 acres of dry land or 20 to 25 acres of wet land as indicators for examining whether a holding exceeds 15.000 standard acres.
• Reviewing progress monthly in District Revenue Administration meetings and reporting in the prescribed monitoring format.

Procedure before surplus declaration

Annexure I requires the Authorised Officer to calculate cultivable agricultural holdings, hear the landowner and permit evidence before determining retained and surplus land. A draft statement must identify land village wise and survey number wise, be published in the Tamil Nadu Government Gazette, and be served on the owner and other interested persons.

Objections may be filed within thirty days from service of notice. After considering objections and giving an opportunity to be heard, the Authorised Officer may issue an order. Appeals against the specified determination and objection orders lie before the Land Tribunal, identified as the District Revenue Officer. A final statement must specify the land retained within the ceiling and the land declared surplus.