Form 38, Application for permission by public trust

What the form covers

Form 38 is for a public trust applying for permission under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. It is relevant where the trust runs, proposes to run, or plans to expand an educational institution or hospital and holds or proposes to acquire land for that purpose.

Information about the public trust

Form 38 requires the applicant to provide:

• The public trust's name and address.
• Its establishment date, with evidence.
• Registration details and the names of governing body members.
• Details of coverage under the Societies Registration Act or Companies Act, where applicable.
• Any interests that members have in other public trusts, institutions or hospitals.
• The trust's objects, supported by evidence.
• Details of educational institutions and hospitals that are operating or proposed.
• Information about audited accounts and the authorised auditor's registration number.

For an expansion, the trust must state whether it involves an addition, alteration or improvement, explain its purpose, and give the probable completion date.

Land details required

Form 38 separates the trust's land information into several periods and uses. The application asks for:

• Land held as on 1 March 1972.
• Land acquired after 1 March 1972 and up to publication of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1987 in the Tamil Nadu Government Gazette.
• Land proposed to be acquired on or after that publication.
• Land used or proposed for educational or hospital purposes.
• Land used or proposed for quarters, playgrounds and parks connected with those purposes.

For each parcel, the tables seek district, taluk, village, survey number, classification, registered extent, assessment, actual holding, standard acres, current use and remarks. Relevant proceedings under the Act must also be recorded in the remarks where the form requires them.

Supporting justification and declaration

Form 38 asks for present and expected student or hospital inmate numbers, applicable departmental land norms, and the extent required, already used and proposed for use. A combined sketch showing existing and proposed institutions or hospitals in different colours must be enclosed.

The competent person signing for the public trust must declare that the details are true and agree to comply with the permission conditions, the Act, its rules, and any other conditions specified by the Government.